Can we reject a car after clutch failure?

One of my relatives bought a 14 month old Nissan Note three weeks ago from a Ford dealer. The vehicle was a previous fleet car, and had 14,000 mile on the clock. After driving less than 300 miles the clutch failed. It would appear to have been completely burnt out.

The selling dealer is suggesting that it could be down to the style of driving. Yet we do not know how the car might have previously have been driven. The dealer is replacing the clutch, but what would be our rights to reject the car and have the money refunded after this short period of time, as she would have little faith in it now.

Asked on 10 September 2016 by Bruce Jackson

Answered by Honest John

Clutch failure is very common on the K13 Micra and current Note. She could invoke the Consumer Rights Act 2015 and Fords will know that, but it could go to a test case and the judgement could be that she was being 'unreasonable' because the problem had been promptly attended to. See: www.honestjohn.co.uk/faq/consumer-rights/

Tags: clutch failure rejecting a car legal and consumer advice

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