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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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I purchased a citroen Picasso automatic from Blackpool main

Customer Question

I purchased a citroen Picasso automatic from Blackpool main agents, three days ago. The clutch has burnt out and they tell me that their diagnostic tests show that 'I' have had my foot on the break and the accelerator 19 times in 200 miles. I have driven automatics for 20odd years and this is an automatic.
I maintain that the breaks have been sticking on, and that I have not caused the damage. They want around $600, with a special discount of two hundred pounds. It is under warranty, but this does not cover the clutch. How do I stand legally. Thankyou, XXXXX XXXXX
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 2 years ago.

What information do you need?

Customer: replied 2 years ago.

What further information do you require. I have already paid through pay pal.

Customer: replied 2 years ago.

where is my answer


Expert:  Jo C. replied 2 years ago.
The reason you are experiencing a delay is that you keep posting before I have had the chance to respond which pushes it to the back of my list.

I need to know what your question is about this please?
Customer: replied 2 years ago.

I wrote to tell you that I purchased a Citreon Picasso automatic several days ago. The clutch has burnt out and because the clutch is not under warranty, they want approximately 500 pounds to repair it. They tell me that their electronic read out tells them that the break peddle had been depressed l9 times in the last 200 miles. I have driven automatic cars for 20 years with no problem. In my opinion, and how the car was behaving, I believe that the breaking system was faulty. The AA man observed, after we had managed to drive it home, some 40miles,with him following us, that the break had again stuck on after I had stopped the car to speak to him.

Expert:  Jo C. replied 2 years ago.
yes, I've read the facts.

What I need to know is what you want to know about this?
Customer: replied 2 years ago.

I have not received an answer. I don't know what more you want. I cant state my case more clearly. Where is an answer.

Expert:  Jo C. replied 2 years ago.
Sorry if I am being unclear.

I cannot answer until you ask a clear question.

For instance, are you asking whether you can sue?

Or seek a replacement?

or claim under the warranty?
Customer: replied 2 years ago.

OK. I am writing to find out my legal standing with regards to having to pay for the repair of the clutch. It is under warranty from a main agent, but they claim that their electronic readings tell them that I have had my foot on the brake and the accelerator, at the same time, for l9 times over a driving period of 200miles. The clutch is not warranted. I say there is a faulty break- if there estimation of the fault is true. I have over 20 years of driving automatic cars with no problems. They want me to pay for the repair.

Sorry to be so stupid - I just assumed that you would advise from a legal angle and I couldn't understand what you were asking for.

Expert:  Jo C. replied 2 years ago.
Even with severe abuse, a clutch should not go in three days.
For a substantial faults like this you are entitled to reject the vehicle.
They are in breach of the provisions of the Sale of Goods Act because the vehicle is not of satisfactory quality or fit for purpose.
Having said that, being entitled to your money back in full and getting your money back from the garage are two different things if they will not pay up which is highly likely.
I would not worry about what the warranty says or does not say.
You can either sue them for the full cost of the car having returned it to them or you can get the car repaired and pay the bill and sue them for the cost of the repair in the Small Claims Court. The decision is yours.
At this point, it is worth mentioning that I don't know what you were smelling but automatics have a fluid clutch which does not burn out unless there is something peculiar about the Citroen automatic which is different than any other automatic. It is more likely that what you can smell are the brakes which make the same smell when overheating as a burning clutch in a manual car.
Can I clarify anything for you?
Customer: replied 2 years ago.

Thankyou very much - what a struggle. Because I asked you how I stood legally, I couldn't understand your further request. Anyway, we managed in the end and for that I am most grateful. Jacqueline Smith.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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