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Jenny
Jenny, Solicitor
Category: Law
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New clutch and plate installed by Mr Clutch has out &

Resolved Question:

New clutch and plate installed by Mr Clutch has burnt out & still within the 20,000 mile and two year warranty #9whichever is sooner), but they are quibbling on free fix due to the last 'adjustment' inspection check being late. The car concerned has no manual clutch adjustment (ford mondeo) but they are saying they may have picked the problem up early and prevented fail. The cursory checks the performed on earlier checks was just a 1 minute sit in car. No 'Adjustments' performed on any check.
Their warranty T&C does state void if adjustment checks not performed, but there is no manual adjustment on this model, as stated.
Am I covered in any way by statutory rights and is there any course of action recommended if they won't budge on their decision?
Regards,
Lee
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. How is the clutch check performed is it by the driver or does it have to be done in a garage. Were you told about this at the time you had the clutch fitted?
Customer: replied 2 years ago.
Yes. It states the mileage periods that 'adjustment' checks should be performed, the first checks were done at the garage with just a cursory sit in the car (two minutes) no actual check, just on depression of clutch and mileage check, they are now saying the final check could/may have revealed problems and they may have rectified in time, but as stated they would not have stripped it down and also as stated there is NO manual adjustment possible on mondeo.
(additionally the receipt/form was lost, until a thorough house search, so we were unsure of tyhe final check, until we found it after fail.
Expert:  Jenny replied 2 years ago.
how frequently should the check have been carried out. By how long did you miss the check?
Customer: replied 2 years ago.
From online warranty:
...The warranty becomes void If:
a)
The replaced component is misused.
b)
(clutches only) clutch adjustments are not carried out by a Mr Clutch Autocentre at 500, 3,000, 6,000, 12,000 miles. Please
present your invoice when returning your ve
hicle for each adjustment...As stated there were no initiial adjustments. The final check was due, but about 2,500 miles late...
Expert:  Jenny replied 2 years ago.
ok one final question before I prepare an answer. How long after the fitting did the clutch fail please can you give the answer in time and miles?
Customer: replied 2 years ago.
Car and invoice still with Mr Clutch, but from memory it failed 16 months after fitting and after about 14-15,000 miles both within the 2yr or 20,000 mile warranty stipulation.
Expert:  Jenny replied 2 years ago.
Thank you. From a contractual point of view you will probably struggle as you have not complied with the requirement for checking the clutch. I suspect this requirement has been inserted on the basis that 9 times out of 10 it will invalidate the warranty.
Your better position might be to say notwitstanding the fact they are trying to get out of the warranty they have obligations under the Supply of Goods and Services Act 1982. You have the right, under this Act, to expect that the clutch was fit for its purpose and of satisfactory quality and that any work done was of a reasonable standard.
Given that there warranty covers a certain mileage and timeframe and the clutch has failed during this period your position is that they are in breach of this Act. This is particularly the case if you can evidence the fact that had you taken the car to be checked they could not have manually adjusted it in any event.
I would suggest you ask them to remedy the situation and say if they do not then you will have no alternative but to bring a claim under the Act. Hopefully they will then see sense and assist you with it.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.
Thanks for response. Will see what they say.Regards,Lee
Expert:  Jenny replied 2 years ago.
Good luck with it Lee, please remember to rate my answer and do come back to me in the future if you need to.
All the best.
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