Legal Advice/Any Advice?!!

Ok,

a few of you will know i sold the punto around 6 weeks ago and bought a 2002 mk3 seat ibiza 1.4!

at the time of purchase the clutch was distinctly heavy when compared to other cars but i was assured this was normal for this particular car...having never driven one before i took it on!

this morning it was in my local seat dealer because the clutch just wasnt getting any lighter...they said it needs a new clutch and clutch cable!! Its only covered 30k since new!

I went back to the garage i bought it from and their repair garage agreed with seat and said it would need a new clutch :(?

Has anybody had similar experiences, where do i stand?

I have had some legal advice which covers the sale of goods to consumers act in that the consumer has the right to reject any unsatisfactory goods within the first 6 months of purchase?

Just wondered if anyone else has any other suggestions?

check to see what your warranty covers(assuming you have any).

It wont cover wear and tear though, My clutch release bearing went when i bought a new Mk2 and the warranty covered it and replaced the full clutch,If it is just your clutch more than likely you will have to fork out,but it all depends on your warranty cover.

If you pm me you can have my mobile number and call me to discuss it briefly after 5:30 pm if that helps?

I don't mind running through some basics with you.

James.

It appears as though you aren't going to get chance to chat about it but put very, very simply there are two points in question here:

1) Sale and Supply of Goods and Services Act

Because you bought the car less than 6 months ago, it means you're in a "reversed burden of proof" situation. If you return the car and state that the clutch was broken when you bought it and this is the first opportunity you have had to take it in and get it seen to then they are under an obligation to prove it wasn't broken when you bought the car (whereas after the 6 months, you have to prove it was broken). Basic details in the link below.

2) Special Knowledge in a contract situation

Secondly, when buying as a consumer, from a car dealer they are privy to a "special knowledge" situation and arguably they should have known about something as important as the clutch (whereas a private buyer can argue that they wouldn't be qualified to know about it), and moreover that it was broken. To then state to you (although proving this might be hard!!) that it was normal, is a "false warranty".

The remedy to the above situation is that the seller is under the obligation to repair the item free of charge.

I also insert a disclaimer that this advice should not be taken in place of professional and considered legal advice and is advice given to you only on the basis of the simple description you have given in this post.

The above is only very very simple advice, and you'd do well to consider the below taken from the DTI website (excellent site for lay people).

http://www.dti.gov.uk/ccp/topics1/gu...derguide05.pdf

Hope this helps.

Regards

James.