Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I've just joined up and I'm hoping to get some answers from the experienced forum members I see here.
I have a 2006 Ford Focus that has done 22,000 miles. The clutch pressure plate cracked right through, colapsing the spring and losing its tension. The car has always been serviced by Ford and is 3 months out of its warranty. The clutch shows no sign of excessive wear or high temperatures. It was perfect up until its sudden failure.
I wrote to the dealer who sold me the car, quoting the SOGA (satisfactory quality, durability). They called me and said it was unreasonable for me to expect them to do anything because it was too long after they sold it to me (2.5 years ago).
Has anyone here had the same problem? What would be a reasonable life span of a clutch? Personally I would expect a pressure plate to last the entire life of a clutch (100,000 to 150,000 miles).
I have since heard from a mechanic saying that he had seen a run of problems like this. He guessed it was a bad batch of clutches because after a while it stopped.
My opinion is that the dealer is liable because it was a sudden failure at such a low mileage. I don't consider a clutch pressure plate a 'wear and tear' item. Just as brake discs and pads are 'wear and tear' items but the brake calipers are not. They should last the life of the car.
Re: 2006 Ford Focus - Clutch Pressure Plate Failure
You would have to bring a claim under the Sale of Goods Act. you arentitled to buy goods of satisfactory quality - which is the quality whic a reasonable consumer would expect in the same circs.
I suggest that you get some expert opinions as to the life expectation of the pressure plate
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Re: 2006 Ford Focus - Clutch Pressure Plate Failure
You will have no redress under SOGA in this instance. As you state, you accept that friction materials such as brakes and discs are wear and tear items and the clutch assembly is no different to the brakes. I've seen BMW brakes shot to pieces in 25000 miles through stop start in London and home counties, I personally get around 60,000 as is nearly all motorway use. Similarly, I've seen clutches go in 1000 miles due to the driver thinking it was a foot rest ( We did put a switch on it with a warning lamp for him so he could see what he was doing, never saw him again for clutches!!!).
However, in your case I think you should do the following.
As it has a full Ford dealer service history I would ask the Ford dealer to put in a goodwill claim arguing the following points.
The more miles a vehicle does, the less likely a failure is due to a manufacturing defect. If it was to be assumed a mixed use of town, motorway and country driving then 70,000 would not be unreasonable to expect it to last. Therefore you have had just under a third of a reasonable expected life. So ask for two thirds back.
The warranty guys who deal with this sort of thing are not unsympathetic but whatever you do do not go in with a SOGA threat. Get them on your side and I'm pretty certain you'll get something out of them especially if there is a a known issue.
Manufacturers believe it or not do monitor what is going on and do it very very closely so if there is a high, low mileage failure rate they will know about it!!!
Re: 2006 Ford Focus - Clutch Pressure Plate Failure
Thanks BankFodder and heliosuk for your replies.
heliosuk: I think it is a SOGA claim because the clutch hasn't worn out, a part of it has just failed.
My point was that the wear parts in the clutch (the friction discs) are subject to wear and abuse, however, the pressure plate that broke in my clutch is not a wear and tear item. The pressure plate is the diaphgram spring that provides the compressive force. I can't think of any way that a driver could damage a pressure plate. If the driver rode the clutch it would leave wear marks on the pressure plate fingers, and there are no such marks on my clutch. There is no blueing from high temperature either. It appears to be a simple failure of the metal spring, possibly due to faulty manufacture (as suggested by the mechanic I mentioned).
I will try and get some expert opinions about clutch life and also try and find out if there was a known bad batch of clutches around the manufacture time.
2006 Ford Focus - Clutch Pressure Plate Failure
(satisfactory quality, durability). They called me and said it was unreasonable for me to expect them to do anything because it was too long after they sold it to me (2.5 years ago).
Reply With Quote
