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


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

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

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.

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.








danny0001uk1

Original Poster:

261 posts

150 months

Thursday 12th January 2012
quotequote all
No the car is not under warranty.

Honda on there part are putting it through as a "warranty claim" knowing that most people will just accept it and pay up.

Like ive said before any warranty is in addition to any rights you have.

If the car was 5 years old and it was deemed the clutch was slipping not due to wear and tear there will be still be a claim to be made.

danny0001uk1

Original Poster:

261 posts

150 months

Thursday 12th January 2012
quotequote all
This is not a single car fault.

Here is the info that honda are aware of the problem

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

They have fitted a new clutch and are covering parts but not labour.

Honda have admitted to me verbally that they are putting is through as a warranty claim therefor me not having to pay for parts.

As you can see from my first posts tonight im asking for the proof that the clutch is not down to wear and tear.

danny0001uk1

Original Poster:

261 posts

150 months

Thursday 12th January 2012
quotequote all
Ive been advised to contact Honda customer service which I have done and am awaiting a reply.

Honda have admitted fault but wont pay labour. Why should I have to pay for a fault on Hondas part through no fault off my own.

They have inspected the clutch themselves and said its a design fault not general wear and tear.

danny0001uk1

Original Poster:

261 posts

150 months

Thursday 12th January 2012
quotequote all
Im already a member on civinfo and have posted there too.

Not the car has not be remaped its standard.

When you first get the car booked in for an inspection you have to sign a disclaimer saying that you will pay for the stripping down etc even if the clutch is found to be normal wear and tear .

danny0001uk1

Original Poster:

261 posts

150 months

Thursday 12th January 2012
quotequote all
I wouldn't be taking Honda to court over the warranty/goodwill claim.

Even though the car is out of warranty the sales of goods act still applies which is what I will be taking them to court over.



Edited by danny0001uk1 on Thursday 12th January 15:57

danny0001uk1

Original Poster:

261 posts

150 months

Thursday 12th January 2012
quotequote all
Heres an update.

I see people have commented on the Honda Dealerships at Leeds/Bradford.

When I phoned Leeds Honda to book it in they didnt want to know and wouldn't even acknowledge there was a fault with the 2.2 clutch.

Which is why I had to go to Honda Harrogate.

To people just saying I should be grateful I get anything how about that fact another UK honda dealership offers a new clutch fitted for £480 where as I have just paid over £500 for the same and that is supposed to be with parts for nothing!!!

I now have pictures of the clutch that has been removed and it is clear that the clutch isnt warn. I can upload these pictures if anyone is that interested to view them.

The SOGA does not exclude consumable items I will argue that the clutch was not fit for purpose or of satisfactory quality even Honda themselves acknowledge this as per the bulletin.