Clutch failure liability

[DCS01 27]

Morning,

I have searched the forum but couldn’t see something that would answer my question. 
 

I sold a Passat just over 4 months ago. FSH, previous customer had cambelt done. I serviced and MOT’d just before hand over.

I get a call yesterday saying clutch failed, customer was not kicking off at me but just checking about the warranty in case it was 6 months (3 was agreed).   Had no contact from customer previously to say it was going. 
 

The customer is not demanding anything yet, but I am just preempting the garage it was taken to tell them it shouldn’t have gone and me getting a phone call.

Should I go in early and offer some goodwill while not admitting liability?  Would anybody’s opinion be that I would be expected to pay for the full repair?

Thanks in advance.

[Frank Cannon 812]

Is it slipping, dragging, not disengaging, noisy, pedal problem etc? 

 

[DCS01 27]

That’s the problem at the second. I’m a bit blind. The phone call from the customer said it was towed in because it failed.  
 

I was just trying to gauge my liability if/when I get another phone call

[trade vet 704]

2 hours ago, DCS01 said:

That’s the problem at the second. I’m a bit blind. The phone call from the customer said it was towed in because it failed.  
 

I was just trying to gauge my liability if/when I get another phone call

Tread carefully.I can recall some good ones like checking up and finding it’s a taxi or been towing an overweight caravan .The last one I can recall it was the punter who deliberately burned the clutch out because he wanted to cancel and get his swapper back because he realised he had let it go far too cheaply.I gave him a full refund but not his swapper and thanked him for the business.With a lot of comebacks I used to often get the punter to drive me around for a couple of miles.On one we had fitted a clutch in prep and sold it and a month or two later the guy says it’s slipping.He drives me around and shows how it is slipping.I agree and ask if that is how he normally drives which he confirms so I then have to point out he is driving with his foot resting on the clutch.

With comebacks which are potentially expensive in some cases you have to be like a detective.These days if I was suspicious, I would want a photo of the mileage and the general condition of the car and a copy of the invoice for the new parts incase the clutch is for another car !

[DCS01 27]

40 minutes ago, trade vet said:

Tread carefully.I can recall some good ones like checking up and finding it’s a taxi or been towing an overweight caravan .The last one I can recall it was the punter who deliberately burned the clutch out because he wanted to cancel and get his swapper back because he realised he had let it go far too cheaply.I gave him a full refund but not his swapper and thanked him for the business.With a lot of comebacks I used to often get the punter to drive me around for a couple of miles.On one we had fitted a clutch in prep and sold it and a month or two later the guy says it’s slipping.He drives me around and shows how it is slipping.I agree and ask if that is how he normally drives which he confirms so I then have to point out he is driving with his foot resting on the clutch.

With comebacks which are potentially expensive in some cases you have to be like a detective.These days if I was suspicious, I would want a photo of the mileage and the general condition of the car and a copy of the invoice for the new parts incase the clutch is for another car !

Thank you for the reply. And I will make sure I will do my research.

My question is after 4 months (a month out of my warranty) would I be expected to pay something towards it?  

[David Horgan 564]

4 months down the line and the clutch is really a wear and tear item . IF its the clutch plates or a wear tear part , 

Customer use can cause this to fail .

Only you knows if under your pre sales testing the clutch was fine and working as should . 

Agreed a warranty on 3 months then its 3 months , not 3 and a bit or 4 , as there would be no point in saying 3 months would there , A positive no its not covered and its been working fine for 4 months and how ever many miles the customers done .

Maybe they will ring to see if you would , maybe they wont , 

A firm NO sorry warranty expired 4 weeks ago will be expected . Not our job to let someone loose on a clutch then pay for it .

I had a guy buy a small car off me once and moaned about the clutch , I told him straight its your car your problem 5 months down the line , we have a workshop so offered it at a lower rate but when we got in there he had proper ruined it , Ripped the thing to pieces. 

Dont fold or they will bleed you dry  

[Halfpenny 114]

Unless there are exceptional circumstances a clutch is considered a wear and tear item and would not be covered. A hard driver or heavy towing can see off a clutch in DAYS !

'Exceptional circumstances' would the sudden failure of a clutch component at less than a reasonable age/mileage.  I've actually had a few of these - release bearing falling apart on a low mileage car and a pressure plate that fractured clean through not long after we'd sold the car!  Both repaired without argument.

 

[It's me 615]

No liability its wear and tear

However get a quote from your mechanic which should be better than mr clutch or whatever and offer that as goodwill if they come back at you

They pay obviously

Edited March 18, 2021 by It's me
.

[Frank Cannon 812]

If it cant even drive on its own steam its either, part of the clutch release mechanism or linings, if linings its been driven to destruction and will smell like it too. 

How old is the car, how many miles, model? 

[david gott 58]

32 minutes ago, Frank Cannon said:

If it cant even drive on its own steam its either, part of the clutch release mechanism or linings, if linings its been driven to destruction and will smell like it too. 

How old is the car, how many miles, model? 

Hi Frank, I sent you an inbox regarding the podcast, thanks, David 

[Frank Cannon 812]

5 hours ago, david gott said:

Hi Frank, I sent you an inbox regarding the podcast, thanks, David 

Thanks 

[DCS01 27]

11 hours ago, Frank Cannon said:

If it cant even drive on its own steam its either, part of the clutch release mechanism or linings, if linings its been driven to destruction and will smell like it too. 

How old is the car, how many miles, model? 

2012 Passat diesel estate 90k miles.  
 

Thanks for everyone’s advice on this. I haven’t heard anything from the customer since I told her the warranty was 3 months.  I think she was probably just calling out of hope that it was 6.  
 

 

[trade vet 704]

46 minutes ago, DCS01 said:

2012 Passat diesel estate 90k miles.  
 

Thanks for everyone’s advice on this. I haven’t heard anything from the customer since I told her the warranty was 3 months.  I think she was probably just calling out of hope that it was 6.  
 

 

Ha Ha,hopefully you are OK,if not you should investigate.That is an unusual car for a woman to buy.In normal times it would make a good rental 24 hour taxi ( usually 3 drivers only one with a taxi licence is not unknown ).Please excuse me but that sort of thinking comes with being in the job forever !

[Casper 272]

4 hours ago, trade vet said:

Ha Ha,hopefully you are OK,if not you should investigate.That is an unusual car for a woman to buy.In normal times it would make a good rental 24 hour taxi ( usually 3 drivers only one with a taxi licence is not unknown ).Please excuse me but that sort of thinking comes with being in the job forever !

Guess it becomes a way of life tradevet