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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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I bought a nearly new car under a year ago and the clutch has

Resolved Question:

I bought a nearly new car under a year ago and the clutch has failed. I seem to be just out of the manufacturers warranty, but I believe the seller has an obligation to repair under guarantee within a year of purchase. Am I right?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
I presume it was brand new?
Customer: replied 1 year ago.
Yes it had just delivery mileage on it
Expert:  Jo C. replied 1 year ago.
When did you buy exactly?
Customer: replied 1 year ago.
I bought the car on 22 Feb 2015 after it had been in the showroom unsold since Dec 2014, when it was first registered. The clutch failed on 17 Feb 2016....just within the first year of purchase.
Expert:  Jo C. replied 1 year ago.
Ok. You are just outside of the new Consumer Rights Act 2015 and so reliant on the Sale of Goods Act but actually it really doesn't change much.The onus is upon you to prove that the fault, or it's propensity, existed at the time of sale. However, that is fairly easy to do with a new vehicle. Unless you have covered horrendous mileage or they are saying that the manner of your driving caused this they are under a duty to repair a fault of this nature. It has failed far earlier than it would have done if the vehicle and all it's components had been in satisfactory condition.Your rights against the seller are stand alone whatever the manufacturer guarantee says or does not say.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
From my limited knowledge of the law, I think the car should have been of merchantable quality for the first year after being sold under the Sale of Goods Act 1979 and it clearly was not. The garage are reluctant to pay of course, but maybe I should go to North Yorks Fair Trading for some help?
Customer: replied 1 year ago.
or perhaps the Citizens Advice Bureau?
Expert:  Jo C. replied 1 year ago.
I wouldn't waste your time with either.They are liable to repair it.
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