Clutch failure claim

The consumer’s issue:

“My clutch failed when the vehicle was still under warranty, and the dealership refused to replace it as they blamed my use of the car and fair wear and tear. I did not think that considering my years of driving experience that this was the case. I also had an engineer provide an independent report, and he agreed that the failure was due to a defect and should have been covered under the warranty, but the dealership would not agree to this.”

The accredited business’ response (the vehicle manufacturer):

  • The customer contacted us in relation to the replacement of the clutch, clutch pressure plate and flywheel.
  • Spark plugs, auxiliary drive belts, brake pads and linings, wiper blades, clutch linings, lamp bulbs or other consumable items are covered for defects or workmanship for 24 months from the date of first registration regardless of mileage.
  • The customer’s vehicle is coming up to five years of age which means that the clutch would not be covered under the terms of our warranty.
  • The customer had the faulty parts changed and kept the old parts. These were then taken to an independent dealer who informed the customer that the flywheel did not need to be replaced.
  • The dealership has since sent us images of the flywheel which we received and believe to be within tolerance. In our view, the part did not need to be changed.

The adjudication outcome:

  • The adjudicator noted that breaches under the Service and Repair Code for the actions by the repairer would need to be addressed in a separate case, and the repairer was contacted in respect of this for feedback on the vehicle manufacturer’s and independent engineer’s comments.
  • The adjudicator concluded that there had been breaches of The Motor Ombudsman’s New Car Code (sections 3.0 and 3.3).
  • The independent engineer’s comments were clear about the probable cause of failure, which related to an inherent defect, and this led to the wear being noted as an unavoidable consequence.
  • The warranty document was not clear about the terms of what was included and for what periods in respect of what was available to the consumer. As the warranty policy was still active at time of failure, and there was a decline of a warranty repair, it was considered by the adjudicator that the cost of the clutch repair and independent report should be reimbursed to the customer.

Conclusion:

  • The consumer and vehicle manufacturer accepted the outcome as recommended by The Motor Ombudsman adjudicator and the case was closed.