Please help Warranty Claim trouble with Honda!

Please help Warranty Claim trouble with Honda!

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danny0001uk1

Original Poster:

261 posts

150 months

Thursday 12th January 2012
quotequote all
Hi All,

I have a 08 honda civic 2.2 which some models are prone to early clutch failure but there has been no recall.

I got the dreaded clutch slip this week so took my 58 plate 2.2 type s to Honda to get 'inspected'

They came back saying they are submitting a warranty claim to honda whcih the did and honda agreed that it wasnt a wear and tear issue and will pay for parts but not labour which amounts to £500.

Im currently writing honda harrogate an email which there is a copy off below. I just wondered if anyone could help me word it correctly or add to it etc!

The car has only done 20k miles and as you can see Honda have already admitted that the clutch is not a wear and tear fault!

Please Help!

Dear Helen,

After speaking to David regarding the cost of having my clutch replaced I would like to pursue this further with Honda UK.

Please could you provide me with the following on collection of my car today.

The contact at Honda uk with whom you had correspondence with.

The reference number for this case.

The copy of the Email from yourselves to Honda uk stating that the clutch is a warranty claim.

An itemised invoice of the work carried out.

The old clutch and inspection report done by yourselves

While I will pay for the work carried out to my vehicle as I hold Honda responsible I will be pursuing Honda uk to recoup these costs through the legal route for the remainder including court action if necessary.

As I hold Honda responsible I will give notice to take action in the small claims court if the amount I pay today is not refunded within 10 working days under the sales of goods act 1979 which covers items for a period of 6 years if it fails within it's normal life as

a) The failure should be within the usual life of the item - certainly under 60,000 miles.
b) Not necessarily within three years.

I find this appalling behavior by Honda who proudly state on your website that Honda has reclaimed second place overall in the JD Power Vehicle Ownership Satisfaction Study.

Regards,
Danny Earl


saaby93

32,038 posts

179 months

Thursday 12th January 2012
quotequote all
Arent they expecting the dealer to cover the labour?

LuS1fer

41,136 posts

246 months

Thursday 12th January 2012
quotequote all
The difficulty is that you've had 20000 miles of clutch already so your car will be better than it was with a new clutch so it's always a compromise on these items.

HOWEVER, I do understand that, these days, a clutch would be expected to last well beyond an average buyer's ownership so this is an additional cost you should not have and that is the point I would be pressing....along with some bad publicity on owner forums.

danny0001uk1

Original Poster:

261 posts

150 months

Thursday 12th January 2012
quotequote all
Honda have said they will pay for the parts but not the labour even though the labour is 80% of the cost.

Another Honda dealership is the uk is offering a clutch replacement fully fitted for £480! Yet honda harrogate want to charge me £500 for just labour with themselves paying for parts.

They have already admitted that the clutch slippling was a manufacturing defect and not due to to wear and tear etc

Danny

Edited by danny0001uk1 on Thursday 12th January 11:12

Superhoop

4,680 posts

194 months

Thursday 12th January 2012
quotequote all
Does the sale of goods act actually cover things like clutches for 6 years?

I find it odd that they admit to a problem with the part, but not covering the labour though

ETA: What is 'normal' for the life of a clutch? Too many variables for there to be an answer to that really

danny0001uk1

Original Poster:

261 posts

150 months

Thursday 12th January 2012
quotequote all
The sales of goods act covers

Under the Sale of Goods Act 1979 goods must be:

'as described',
'of satisfactory quality', and
'fit for purpose' – this means both their everyday purpose, and also any specific purpose that you agreed with the seller (for example, if you specifically asked for a printer that would be compatible with your computer).

You have the right to get a faulty item replaced or repaired, if you're happy with this (or if it's too late to reject it). You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.

Under the Sale of Goods Act, the retailer must either repair or replace the goods 'within a reasonable time but without causing significant inconvenience'. If the seller doesn't do this, you are entitled to claim either:

reduction on the purchase price, or
your money back, minus an amount for the usage you've had of the goods (called 'recision').

You have six years to get a claim in to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.

Honda have already admitted the clutch is not fit for purpose plus they are aware of the problem as it is mentioned on the official Honda newsletter on the link below

http://8g.hondaclub.cz/files/service_bulletin/Tips...





Edited by danny0001uk1 on Thursday 12th January 11:24

Superhoop

4,680 posts

194 months

Thursday 12th January 2012
quotequote all
Yes, I understand what the sales of goods act says, but does it still apply to something like a clutch?

6 years could be 200,000 miles or more for some people - Would it still be covered by the sales of goods act when it failed at 5 years and 11 months and say 195,000 miles?

According to your interprtaion of the SOGA, it would, as it hasn't lasted 6 years. I'm fairly certain that there are certain exclusions from the SOGA, these normally being things that are considered to wear and tear items.

danny0001uk1

Original Poster:

261 posts

150 months

Thursday 12th January 2012
quotequote all
If the claim under the Sale of Goods Act ends up in court, you have to prove that the fault was present when you bought the item and not, for example, something that was the result of normal wear and tear.

Which it was and Honda have admitted its not due to wear and tear.


danny0001uk1

Original Poster:

261 posts

150 months

Thursday 12th January 2012
quotequote all
Any warranty is in addition to the sales of goods act not instead off as it is a statutory right.

If it goes to court all I have to prove that the clutch failure is not due to wear and tear but is a fault which was present when you bought the item.

Which Honda themselves have admitted.

dave_s13

13,814 posts

270 months

Thursday 12th January 2012
quotequote all
Just for reference my Ford Focus is 12 years old, on 93k miles and the original clutch. Still works 100% as it should.

So I sympathise with your plight and hope Honda do the right thing.

This being PH though you must acccept that this is all your fault, you are a whining daily mail reading ahole and you should be grateful that Honda are letting you pay them for their services. Disgusted I am.

apn

302 posts

285 months

Thursday 12th January 2012
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Might be worth having a look on http://www.civinfo.com

ManOpener

12,467 posts

170 months

Thursday 12th January 2012
quotequote all
Johnboy Mac said:
danny0001uk1 said:
Hi All,



They came back saying they are submitting a warranty claim to honda whcih the did and honda agreed that it wasnt a wear and tear issue and will pay for parts but not labour which amounts to £500.
Very simple or it should be.

Honda U.K. are clearly treating this as a warranty repair (regadless of the fact that it is a servicable item), not a goodwill claim. So, if it's covered by the warranty that automatically covers for the FULL repair, both parts & labour. Demand FULL reapir at no cost to you. If you get no joy, a solicitors letter should do the trick.
This, basically. If he's been told that Honda UK have agreed that the issue was not wear and tear related, then they have basically admitted that it is a warranty repair not a serviceable item.

Johnboy Mac

2,666 posts

179 months

Thursday 12th January 2012
quotequote all
ManOpener said:
This, basically. If he's been told that Honda UK have agreed that the issue was not wear and tear related, then they have basically admitted that it is a warranty repair not a serviceable item.
Yeah, but what I'm wondering now is, has the OP got his wires crossed. If the cars warranty has expired(?)it's acutally a Goodwill claim & not a Warranty claim, thus Honda U.K. covering the parts.

chibbard

1,554 posts

261 months

Thursday 12th January 2012
quotequote all
Please don't get me onto the subject of Honda warranty. Honda wouldn't replace my fireblade exhaust (17 days out of the warranty period). Even though they had already replaced it the year before. I WILL NEVER BUY ANOTHER NEW HONDA MOTORBIKE AGAIN. Simply out of principle !!!! Not to mention the worst dealer service ever experienced !!!!

Fast Bug

11,707 posts

162 months

Thursday 12th January 2012
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I'd speak to Honda customer services if I were you. Give them a buzz and see what they say

Superhoop

4,680 posts

194 months

Thursday 12th January 2012
quotequote all
Johnboy Mac said:
Yeah, but what I'm wondering now is, has the OP got his wires crossed. If the cars warranty has expired(?)it's acutally a Goodwill claim & not a Warranty claim, thus Honda U.K. covering the parts.
This^^^ 100%

I've just re-read the OP, and saw that the car is an 08, so outside of the manufacturers warranty, which means any payment is as a gesture of goodwill. If the warranty has expired, how long to expect to be able to run the car for free?

All cars go wrong at some point, and at some point theowner is responsible for paying the repair bill. As for statuatory rights, once the car is out of the manufacturers warranty period, Honda don't have to pay a penny if they don't want to - They have, so you've done ok really


Ozzie Osmond

21,189 posts

247 months

Thursday 12th January 2012
quotequote all
Honda's position seems just about reasonable. But £500 labour? Sounds bonkers on a mainstream car.


Johnboy Mac

2,666 posts

179 months

Thursday 12th January 2012
quotequote all
Ozzie Osmond said:
Honda's position seems just about reasonable. But £500 labour? Sounds bonkers on a mainstream car.
Yes, it does seem excessive. The again it all depends on the book time (FRS) to do a clutch & the hourly labour rate the garage charges. I would have guessed about 3.5hrs @ £100 p.h.?

s_zigmond

1,136 posts

187 months

Thursday 12th January 2012
quotequote all
I got rid of my 08 plate civic at 20000 miles (so identical to yours) just over a year ago when the clutch went. This was after a list a mile long of other faults. Honda refused to say if they would cover the work until after they had stripped the box. If they then decided not to cover it I would have had to pay the full amount, so wasntr prepared for them to strip the car before I knew the out come.. Bradford Honda had a customer bring a civic in with a slipping clutch after 1100 miles. Honda secided this was fair wear and tear and refused to pay out. How can a clutch go in 1100 miles. My advice is part ex the car and change Marque. Honda arent what they used to be.

As an aside the replacement clutches although uprated are also starting to go on cars now. If you want to keep the clutch the speak to CG motorsport in leeds and get an aftermarket cluctch from them. This is the route most civinfo.com members have now taken

Edited by s_zigmond on Thursday 12th January 14:15

danny0001uk1

Original Poster:

261 posts

150 months

Thursday 12th January 2012
quotequote all
Honda have admitted that clutch slipping is not down to wear and tear it is down to a manufacturing fault at the factory.

If it goes to court all I have to prove that the clutch failure is not due to wear which Honda themselves have admitted.

Therefore the clutch is not fit for purpose and is within the 6 years of the sales of goods act.

How can Honda say the parts are covered but the labour is not its either one or the other?

The clutch has gone through as a warranty claim so obviously honda have accepted they are to blame.