Sticking clutch pedal

The consumer’s issue:

“I purchased my car in May 2017, and since then, the vehicle has been back to the dealership four times. On the first two occasions that it was returned, I was told that there was an intermittent fault which they couldn’t find, and they just topped up the hydraulic fluid. On the third occasion, I provided video evidence of the clutch pedal sticking to the floor, and the dealership then fitted a new master cylinder which was not smooth to use. On the fourth occasion, the pedal stuck to the floor twice and the car now had a burning smell. The dealership said they found dust in the gearbox which they said was the result of overriding the clutch, and therefore, I would have to pay for further repair work. I would like my vehicle to be fixed under the warranty.”

The accredited business’ response:

  • The consumer contacted us regarding a clutch issue on the vehicle.
  • The dealership diagnosed this as being driver error as the clutch showed blueing, which demonstrated that this was not a manufacturing defect.
  • As no manufacturing defect had been found, we refused the warranty claim.

The adjudication outcome:

  • The adjudicator did not feel there had been a breach of the New Car Code of Practice in this case.
  • This is because there was no evidence provided to demonstrate that the clutch had failed as a result of a manufacturing defect rather than driver error as diagnosed by the dealership.
  • The customer’s complaint was therefore not upheld by The Motor Ombudsman.


  • Both parties accepted the adjudication outcome and the case was closed.