Originally Posted by Longblackcoat
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FFF is entirely correct that the Consumer Rights Act does indeed provide protection from day of purchase, indeed up to six years from day of purchase be that bought new or used.
The link provided is factual, but IMHO gives a dose of false hope...
The CRA is not a black and white law that allows a Consumer to discover a fault within that period and simply expect a refund (first 30 days), a possible refund, repair and/or reduction in cost (first 6 months) and then the same from 6 months to 6 years where the onus on proving the fault was present at point of sale then falls to the consumer, not the retailer.
Taken from the link: ‘of satisfactory quality’ - it should do what you’d expect for its age, mileage, price and type'. Not black, not white, more a shade of grey.
That's a reasonability test that can only be provided by and enforced by a court. It can (and is) a lottery if claims get that far. The reasonability test looks at price paid, age, condition at point of sale (mileage etc if it's a car) and then what the actual fault is. Down to the Judge to then decide the outcome.
In this instance, the clutch is a wear and tear item. In this instance, four months into ownership with no previous apparent faults would indicate the clutch was fine at point of sale. Of course, it was worn. It has 65k on it and is 7 years old - which is why the price paid was the price paid. Should a purchaser expect to have to pay for a fault to be rectified at this age and mileage?...maybe, maybe not. It depends on the severity and cost of repairing said fault. Engine goes bang after 4 months...good chance that that would be a successful claim, indeed I've seen one be granted by a Judge after three years of ownership...on a car that was six year old when purchased.
The variable here - and this is not aimed at the OP - is the fact the item is a consumable and is continually subject to wear. How the car has been driven could have lessened or extended the clutch life - which brings the reasonable test into play.
The advice given to contact the Dealer and thrash out a possible contribution is sound. If the Dealer has some morals, they will help - I would. I would not assume anything further than that.
