Clutch release bearing. Warranty issue?

[NoNameNoNumber]

Evening chaps,

Step dad has bought a 58 plate Mondeo, 80k odd miles from a big dealer in Loughborough, Had it only a few days and asked me to have a look as it's making a noise... From 5 yards away I could hear the release bearing and he confirmed it goes when the clutch is depressed.

Took it back to the dealer and they said it's too big of a job to replace it now, they'll do him a good price when it comes to replacing the clutch-whenever that may be...

Now I kind of said similar to him... Huge job that if it's going to be done you'd change the clutch too but obviously it cannot be expected for the dealer to fit a new clutch...

But from his side POV it sounds like a bag of **** and he aint happy.

Where does he stand guys?

Tl;dr
Used car has dodgy clutch release bearing. Dealers problem or not?

 

[pepsilol]

Perfectly reasonable to have to replace a clutch release bearing on that mileage of a car. If this was ever going to be an issue he should have sought after a 40k example (not that that guarantees anything.)

In the eyes of any common person, 80,000 miles is 'a lot' on a car.

 

[Armageus]

Took it back to the dealer and they said it's too big of a job to replace it now, they'll do him a good price when it comes to replacing the clutch-whenever that may be...

Might be worth trying to get something agreed in writing about that, but other than that then it is an 80k miles, 8 year old car - I doubt there is much you can do about it, if not already asked about or noticed on test drive.

 

[andybird123]

How did they advertise it? Did they use any words like "great condition" etc.?
Is it actually faulty, other than making a noise does it actually need replacing?
If not and it can wait till he clutch needs replacing then he's probably stuck with it

If it's something it would fail an MOT on then they would have to basically

 

[Scrutinize]

If he has only had it a few days dealer has to rectify this at their expense regardless of whether it's a wear and tear item. They are just trying it on.

 

[NoNameNoNumber]

These are my sentiments entirely.

He should've picked it up on the test drive but didn't... It's not something that is likely to cause any issue and at a guess I would expect the original clutch will want changing with in the next 20k miles anyway... The car is fit for purpose.

 

[NoNameNoNumber]

If he has only had it a few days dealer has to rectify this at their expense regardless of whether it's a wear and tear item. They are just trying it on.

I'm not disagreeing as I don't know any better... What makes you say this though? Under what legislation?

 

[Scrutinize]

I'm not disagreeing as I don't know any better... What makes you say this though? Under what legislation?

Did he buy this on finance or with a credit card. If so speak to them, explain the situation let them do the hard work as they are jointly liable. Nothing gets results quicker than invoking liabilities under CCA. Usually quick call from them and dealer will oblige.

If cash or bank transfer speak to citizens advice, they will advise on all the relevant legislation and once you get a reference number that also will get the skids under the dealer.

Dealer is already playing silly #£%£# so don't mess around just get one of the above involved. It will stop lots of drawn out comms and back and forwards messing.

 

[Jonny ///M]

I'd have to disagree given the fact it's 8 years old and has 80k on the clock.

It's a bearing, an expensive one to replace granted.

 

[Slam62]

Yes but surely if you could hear it outside the car, the dealer should have fixed it or sold it 'with dodgy clutch'

 

[Slam62]

Also, its on its way out so already gone.

 

[Jonny ///M]

Where do you draw the line?

Does the dealer have to warranty trailing arm bushes which can last about 40k on the likes of a MK2 Laguna?

 

[Phantom Shadow]

AFAIK - Cars sold by a dealer are sold as a working vehicle unless otherwise specified - any problems found within 6 months are assumed to have existed when the vehicle was sold unless the dealer can prove otherwise.

So anything that isn't a wear and tear item, unless you were told it's faulty or on it's way out would presumably have to be fixed by the dealer that sold you the car.

As it is though the car still works right? It's obviously going to fail at some point but I think until it actually fails then the dealer isn't required to fix it as the clutch still works. I can see how it could be argued either way so honestly have no idea if the dealer should fix it for free or not.

 

[Scrutinize]

Dealer is liable for full costs...simple as that. And it is a simple as that.

Nothing more to add. Credit provider or CAB to resolve.

I have no patience with car dealers (you may have guessed).

Private sale is different.

 

[Glanza]

Was it making the noise when he went to look at it and test drive?

 

[pepsilol]

AFAIK - Cars sold by a dealer are sold as a working vehicle unless otherwise specified - any problems found within 6 months are assumed to have existed when the vehicle was sold unless the dealer can prove otherwise.

So if I buy a 1999 523i with 186k on it for £995 from a dealer and the DISA valve fails on it after 3 months, is the dealer liable to pay?

 

[Gaygle]

So if I buy a 1999 523i with 186k on it for £995 from a dealer and the DISA valve fails on it after 3 months, is the dealer liable to pay?

As you will be well aware this comes down to the reasonable man's test and whilst phantom is correct, he is only correct within the confines of what is reasonable.

In the case of the OP, I would say it is unreasonable for a consumer to pay for an expensive repair a couple of days after buying it, especially on a part such as this which is overwhelmingly likely to have been faulty when the purchase was made. I strongly believe the garage should be picking this one up in it's entirety.

OP advise your friend to get it done ASAP. If it completely fails in 3 months time, good luck trying to get anything out of the dealer.