Is it considered 'wear and tear' if my 12,000-mile Mitsubishi Shogun judders in first gear?

I have a Mitsubishi Shogun Sport still under warranty with 12,000 miles on the clock. When I engage it in first gear, the clutch appears to slip and there is a juddering movement. There does not tend to be a problem in higher gears and the problem is worse when the engine is cold. When I took my car into service, I asked the dealer to check this out. They said they did a stall test and there was no fault with the car. I said it was obvious to me that there was a juddering and it was not smooth, which I did not expect on a car which had only 12,000 miles from new. They said that the only thing they could do was dismantle the clutch and gearbox and check it - if there was a mechanical fault they would fix it, otherwise if it was wear and tear I would be responsible. They implied it was the way I had driven it.

I said I did not think I drove it harshly and surely such a workhorse-type of car should be able to handle that without wear and tear at only 12,000 miles? My confidence in the dealer was uneasy because I also said the sound of the warning noise when you leave the lights on was not working, and they said they had fixed it, but when I checked it when I got back home, they hadn't. What do you think the fault is? Should it be covered under warranty? Are they right to hold me liable for cost if it is wear and tear since I would have no way of proving otherwise?

Asked on 3 June 2010 by Dadd

Answered by Honest John
It's a problem, especially when towing. First gear is too high, so leads to clutch slip and if the vehicle is fitted with a dual mass flywheel (which it is almost bound to be) then that is most likely to be where the root of problem lies.
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