What are my rights if I bought a used van with an undisclosed worn clutch?

I bought an SWB van from the dealer on 19 January 2017. It had a full service history, 123,000 miles and I paid £2400 with VAT. I drove home and left it over weekend but when I drove it on 23 January I noticed reverse and first gear were grating and hard to engage. I asked my garage to look and they said that it was worn clutch which needs replacing for £495 and advised a new fly wheel at £200. The dealers' warranty says that they will pay 50 per cent of parts and labour. I've had it 4 days, what are my rights and can I get a full refund?

Asked on 24 January 2017 by Bob Stafford

Answered by Dan Powell
If the clutch failed within a week of buying the van then it is safe to assume that it was already worn when you bought it and that makes the dealer responsible. I would expect them to replace the clutch or reject the vehicle under the 30 day rule of the Consumer Rights Act 2015. To get out of it they would have to prove that it was not already worn on the date of purchase (impossible) or that you burned out the clutch. Law here: www.honestjohn.co.uk/faq/consumer-rights/
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