I bought am ex-demo car and the clutch has failed after 5500 miles - should the dealer repair it for free?

On 1 June 2017, I bought a Nissan Qashqai ex-demonstration car with 2000 miles from a Nissan main dealer. The clutch failed last week, so I took it in to the same dealer for repair. The car has now done 5500 miles. They've stripped down the clutch and found both clutch and flywheel are damaged and need replacing at a cost of nearly £2000. They say that this work is not covered by the warranty and I will have to pay the full amount. How can I get them to accept that the car is not of satisfactory quality and the must be repaired free of charge?

Asked on 16 January 2018 by John Merrick

Answered by Honest John
The reason for the failure could be failure of the engine crankshaft oil seal, the gearbox input shaft oil seal, the clutch slave cylinder, or the driving of the car, either by you or the various people who drove it before you. Since you weren't there when the engine and transmission were separated you can't prove the seals or slave cylinder. But if you take this to Small Claims you could allege that the failure could have been present or developing before you bought the car or could have been due to the seals or the slave cylinder, so you might get a ruling in your favour. Tell the supplying dealer dealer that if he doesn't repair the car FoC you will take the matter to Small Claims. See: www.honestjohn.co.uk/faq/consumer-rights/
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