Why won't the dealer repair my mother's Toyota Corolla's faulty clutch under warranty?

My mother has had the clutch replaced twice since 2007 in her Toyota Corolla with 40,000 miles on the clock. I don't think she's a 'heavy' clutch user even though she's 80, but it is possible that as the car was used by a disabled driver before she had it, which the garage did not declare to her when she bought it, that there might be some inherent problem with the car anyway. The last time was Dec 2008 but it has just gone again and she has only done 3000 miles since then. The garage are saying the 12-month warranty period has expired, I am saying that under the Sale of Goods Act the the clutch may not be 'fit for purpose' and that even after 18 months, and with such low mileage they should repair it for free as it may be the clutch itself rather than their workmanship that is faulty. I said the same thing to her in 2007 but she ignored my advice. The more drastic alternative would be to buy a secondhand automatic.

Asked on 12 June 2010 by jemnetley

Answered by Honest John
Very difficult to prove this against the dealer. The clutch would need to be dismantled by an independent in the presence of an expert witness and all that would cost you more than simply replacing the clutch.
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