New clutch needed for my MINI - is the dealer I bought it from liable?
I bought a 2009 MINI Cooper S in February. Since then I have put 1100 miles on it. About a month ago, I noticed it was making a strange screeching noise when I pulled away from a standstill. My local garage that I've used for years has checked it and advised it needs a new clutch. It's likely that it needs a new DMF at the same time,
I've been quoted £1500 to get this sorted. Obviously, I'm not pleased. I'd like to know what my position is with the dealer I bought the car from. When I got it, it came with a three-month warranty, which has now passed. Are they responsible to get this fixed? I find it unbelievable that this wasn't picked up by them when they prepare it for sale.
I've been quoted £1500 to get this sorted. Obviously, I'm not pleased. I'd like to know what my position is with the dealer I bought the car from. When I got it, it came with a three-month warranty, which has now passed. Are they responsible to get this fixed? I find it unbelievable that this wasn't picked up by them when they prepare it for sale.
Asked on 15 September 2021 by ollielewis
Answered by
Dan Powell
You have legal rights for up to six years (five years in Scotland) when you buy a used car but you will need to prove you didn't cause the clutch and flywheel failure.
If the problem happened within the first six months of ownership and was reported to the garage that sold you the car then you will have strong grounds to argue the problems were present or developing at the time of sale. However, if you didn't report it to the dealer and you are outside of the six-month window then you'll ultimately need proof to show the seller is liable.
I would ask your local garage to write a report on the condition of the car. They may charge you for this but it may be the evidence you need to show the clutch and flywheel was faulty when you bought it.
For your legal rights, see: www.honestjohn.co.uk/how-to-reject-a-car-your-cons.../
If the problem happened within the first six months of ownership and was reported to the garage that sold you the car then you will have strong grounds to argue the problems were present or developing at the time of sale. However, if you didn't report it to the dealer and you are outside of the six-month window then you'll ultimately need proof to show the seller is liable.
I would ask your local garage to write a report on the condition of the car. They may charge you for this but it may be the evidence you need to show the clutch and flywheel was faulty when you bought it.
For your legal rights, see: www.honestjohn.co.uk/how-to-reject-a-car-your-cons.../
Looking for a garage you can trust? Honest John's Good Garage Guide has thousands of reader recommended garages, plus how-to guides and tips on servicing.
The Good Garage GuideSimilar questions
I own a 2009 Volkswagen Golf Plus 1.9 TDI Bluemotion and have noticed an unusual noise coming from under the bonnet. After some investigation by my local dealer, I was told that the flywheel and clutch...
My 2005 Ford Focus diesel suffered a clutch and flywheel failure at 70,000 miles and was repaired by a local dealer. Now, 21 months and 17,000 miles later it has failed again requiring identical repair....
On 18 July I had 2009 Volkswagen Scirocco GT TDI examined by Lookers main agents in Darlington, with regard to the loss of traction/acceleration particularly in low gears at road junctions, and also a...
Related models
.jpg?width=115&height=75&rmode=crop)
Great performance from Cooper S, much smoother and more sophisticated than first generation, capable of travelling distances in comfort.
.jpg)
