MOT Clutch failure - V8 Vantage

MOT Clutch failure - V8 Vantage

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Discussion

codieskid

Original Poster:

480 posts

201 months

Saturday 30th August 2014
quotequote all
Hi all

Got a major problem with my 2007 Aston V8 Vantage. The car went into my local garage for an MOT test this morning, car drove there fine as always, no problems etc. Gave the keys to the test centre who put the car through an MOT. They passed the car and I paid for the MOT. While it was still on the inspection ramp I started the car and instantly knew something was wrong. There was a loud whirring noise. I stopped the car straight away and told the guys that there was something wrong. They attempted move the car but couldn't and said they thought that the clutch had gone.

The car is currently with the MOT test centre and I am waiting McGurk who I bought the car from to give me a call to discuss what we should do. It certainly won't be driving anywhere.

So has anyone got any advice on what I should do and who is at fault. My argument is that the car was working fine when it arrived, the mechanics had no problems with the car manoeuvring the car etc and it passed the MOT so technically it was road legal and no issues when they finished.

I know clutches can go on these cars but if the car was not under my care at the time of it happening then where does the liability fall?

Any help would be much appreciated

Trev

montecristo

1,043 posts

176 months

Saturday 30th August 2014
quotequote all
That's really bad luck. I also have an 07 V8V; if that happened to me, I would get upset, rail at the injustice of it all, and then assume the liability myself. Even if the clutch went while they were driving the car in/out of the garage and I saw it happen, I can't blame them for driving a fraction of a mile when the car is on 40k miles and I knew it was going to go soon anyway.

On a slightly similar note, if I let a friend drive it and the clutch goes, it's going to be my 'liability' - who is in the driver's seat when it happens is a technicality. That's at any age/mileage, but especially at this age when a new clutch is to be expected.

It's tough, but it was going to happen anyway. I'd try to find the bright side - at least it's already at the garage and it didn't go when I was on the motorway doing 70 (+10%+2).

codieskid

Original Poster:

480 posts

201 months

Saturday 30th August 2014
quotequote all
Just very frustrated at the moment. I've not even had the car 6 months and covered just 800 miles. The car is under warranty at McGurk but I don't think the clutch will be covered

HappyBoxster

214 posts

122 months

Saturday 30th August 2014
quotequote all
Im new to the AM forum but arent McCurk a dealer? If so, you can probably breath out now.

Sales of Goods Act 1979 means that the car should be sold and suitable for use. If a problem occurs within 6mths the SELLER has to demonstrate that the issue was not present at the time of purchase.*

If this item failed (shattered etc) I suspect it is a warranty issue although I have not read the warranty T&Cs. If worn, then that is very unlikely to have occurred after only 800 miles.

The only real get out of jail card here for the Seller is for them to demonstrate that it was a known issue that they brought to your attention. Did they mention that the clutch needed replacing when you bought the car? Did it show on the 140 point check?

Google Sales of Goods Act 1979, be polite, and ask them if they will take ownership.


  • After 6mths you might still have recourse but the onus is now on the Buyer to prove it was a pre-existing fault.

HappyBoxster

214 posts

122 months

Saturday 30th August 2014
quotequote all
PS I am not a train lawyer but check out my thread in the Porsche Forum. I have spent the past week sorting out a near identical issue with my car.

As others have said, I would give the MOT garage a free pass here. It doesnt sound like their issue.

BravoV8V

1,858 posts

173 months

Saturday 30th August 2014
quotequote all
HappyBoxster said:
Im new to the AM forum but arent McCurk a dealer?
They aren't an AM 'approved' dealer, no. They are an independent who specialise in AM.

BravoV8V

1,858 posts

173 months

Saturday 30th August 2014
quotequote all
codieskid said:
Just very frustrated at the moment. I've not even had the car 6 months and covered just 800 miles. The car is under warranty at McGurk but I don't think the clutch will be covered
It might not be covered under warranty but they might be willing to do you a deal on a new clutch, as a measure of goodwill. For example, you pay for the parts, they pay for the labour.

2 sMoKiN bArReLs

30,230 posts

234 months

Saturday 30th August 2014
quotequote all
As said, a grown up conversation with supplying dealer required. It reads as if you are somehow apportioning responsibility to the MOT garage?

When the clutch (if it is the clutch) is removed they will be able to ascertain the cause of the failure. This will lead to the next stage in the discussions.

HappyBoxster

214 posts

122 months

Saturday 30th August 2014
quotequote all
BravoV8V said:
They aren't an AM 'approved' dealer, no. They are an independent who specialise in AM.
The point should still apply. So long as it wasnt a private sale I would have to imagine that they are covered by the relevant legislation.

shropshireAston

204 posts

128 months

Saturday 30th August 2014
quotequote all
Hi
Sorry to hear about the clutch... That sucks but as others have said it's sort of a st happens at any time...

But... Seriously even though Mcgurks are a specialist not a dealer in my experience with them they truly are second to none!! It's a 160 mile round trip to mcgurks for me and I still do that journey for them to look after mine I had a few little issues when I got mine which they just sorted including one serious one being a leaking shock absorber and they just sorted no discussion no ifs/buts...
I'm sure Paul or John will get in touch as soon as they pick up your message they really are top guys :-)



DB4DM

928 posts

122 months

Saturday 30th August 2014
quotequote all
OP yes you have a problem, you're at fault and you need to pay the bill

Has your "local garage" started billing you for loss of earnings because your dead car is messing up their workshop?



Edited by DB4DM on Saturday 30th August 15:38

2 sMoKiN bArReLs

30,230 posts

234 months

Saturday 30th August 2014
quotequote all
DB4DM said:
OP yes you have a problem, you're at fault and you need to pay the bill

Has your "local garage" started billing you for loss of earnings because your dead car is messing up their workshop?

If you really like to run an old AM don't buy one but get two
Unnecessarily harsh old chap. Guy was looking for some guidance

Edited by 2 sMoKiN bArReLs on Saturday 30th August 17:10

DB4DM

928 posts

122 months

Saturday 30th August 2014
quotequote all
OK acknowledged, have deleted my last line

codieskid

Original Poster:

480 posts

201 months

Saturday 30th August 2014
quotequote all
OK all I've spoken to John at McGurk and that's put my mind at ease slightly. The car is being delivered to them on Monday and then they will take a look at work out the cause of the issue. John was suprised that the clutch suddenly failed without warning. There was no noise before and no sign of bite point changing. I just got in the car and the engine was whirring really loudly and then it wouldn't go into gear.

Thanks for the advice all, as I've stated here in the past my experience with McGurk so far has been fantastic and I am sure they will help sort out the issue.

Trev

2 sMoKiN bArReLs

30,230 posts

234 months

Saturday 30th August 2014
quotequote all
thumbup Let us know how it turns out

Laser Sag

2,860 posts

242 months

Saturday 30th August 2014
quotequote all
DB4DM said:
OK acknowledged, have deleted my last line
Think you will have to ask 2 smokin barrels to edit it out as well, once its been quoted removing it from your original post doesn't get rid of it completely I'm afraid.

OP hopefully it will be something straight forward, snapped cable or the such like, and you will be back on the road quickly. From what I have read about McGurks you should be looked after.

Edited by Laser Sag on Saturday 30th August 16:59

mikey k

13,011 posts

215 months

Saturday 30th August 2014
quotequote all
codieskid said:
OK all I've spoken to John at McGurk and that's put my mind at ease slightly. The car is being delivered to them on Monday and then they will take a look at work out the cause of the issue. John was suprised that the clutch suddenly failed without warning. There was no noise before and no sign of bite point changing. I just got in the car and the engine was whirring really loudly and then it wouldn't go into gear.

Thanks for the advice all, as I've stated here in the past my experience with McGurk so far has been fantastic and I am sure they will help sort out the issue.

Trev
It may be a hydraulic failure
Good luck
"st happens" and usually at the wrong time frown

W1111AM

942 posts

128 months

Saturday 30th August 2014
quotequote all
codieskid said:
OK all I've spoken to John at McGurk and that's put my mind at ease slightly. The car is being delivered to them on Monday and then they will take a look at work out the cause of the issue. John was suprised that the clutch suddenly failed without warning. There was no noise before and no sign of bite point changing. I just got in the car and the engine was whirring really loudly and then it wouldn't go into gear.

Thanks for the advice all, as I've stated here in the past my experience with McGurk so far has been fantastic and I am sure they will help sort out the issue.

Trev
Sorry to hear of your shock and surprise MOT!!

Delighted to hear that John is taking the car in on Monday, classic clutch time for an 07... McGurk's have a good reputation and should sort it out.

Jalfonse

241 posts

139 months

Sunday 31st August 2014
quotequote all
HappyBoxster said:
Im new to the AM forum but arent McCurk a dealer? If so, you can probably breath out now.

Sales of Goods Act 1979 means that the car should be sold and suitable for use. If a problem occurs within 6mths the SELLER has to demonstrate that the issue was not present at the time of purchase.*

If this item failed (shattered etc) I suspect it is a warranty issue although I have not read the warranty T&Cs. If worn, then that is very unlikely to have occurred after only 800 miles.

The only real get out of jail card here for the Seller is for them to demonstrate that it was a known issue that they brought to your attention. Did they mention that the clutch needed replacing when you bought the car? Did it show on the 140 point check?

Google Sales of Goods Act 1979, be polite, and ask them if they will take ownership.


  • After 6mths you might still have recourse but the onus is now on the Buyer to prove it was a pre-existing fault.
Great advice, I have personal experience of using guidance within the Sales of Goods Act to recover compensation for a clutch and other items. It's very powerful legislation from a consumers point of view which most people aren't aware of.

I'm sure John will sort you out as he has a great reputation amongst AM owners. Good luck with it and depending on how things turn out you should consider a twin plate clutch as replacement, much better.

MrBGR

130 posts

152 months

Sunday 31st August 2014
quotequote all
Hi,

Unfortunately I had to use the Sales of Good act in the past, after lots of Googleing trying to understand my rights I found this:

"Guidance for second hand car dealers Compliance with the Consumer Protection from Unfair Trading Regulations 2008 and the Sale of Goods Act 1979 (as amended)"

Basically it is written in 'Plain English' explaining how the Sales of Good Act applies to the sale and purchase of second hand cars.

I have uploaded a copy of it here: http://www.caundle.com/oft.pdf

It may be useful, it helped me!

Regards

Steve