Legal Advice for Incorrect Gearbox Supplied

[vanurdi010310]

I need legal advice for an incorrect supplied gearbox from XXXXXXXX who are a VW/Audi specialist.

I went to XXX spares and supplied details of car for a gearbox. I got several quotes back including XXXXXXX via email. They confirmed they could supply gearbox and even had my car registration on the quote.

They even left 2 voice mails claiming they can supply the unit.

Now the gearbox has been fitted and is incorrect. They are only prepared to refund the cost of the unit and don't care about the labour to fit the incorrect gearbox.

What rights do I have as I paid by credit card? As they stated they could supply me with the correct gearbox can I take legal action to claim back labour costs for removing the incorrect gearbox and fitting the new one?

Edited by Hughesie on Monday 22 October 14:37

[danjama]

I would be absolutely fuming.

I suggest that if they refuse to fit the correct box free of charge, you write a very serious letter to them threatening action to recover costs for parts/labour and inconvenience. I would also inform the local papers what a shoddy outfit they run. Might change their tune pretty quickly.

[Krikkit]

I'm not following this - did they supply and fit, or just supply? If the latter then why should they pay for labour charges - the box should've been thoroughly checked it was correct before fitting.

If the former, disregard and get *all* your money back.

[Piglet]

Who fitted the gearbox?

[Muncher]

It should have been checked prior to fitting...

[simoid]

Indeed, if they had supplied a box of Lego instead of the correct gearbox, would you have claimed back the labour for fitting yourself?

If you didn't fit it, did whoever did fit it know which gearbox to expect?

Keep the voicemails and evidence of other communications with the company, it may prove who made a mistake along the line.

[zcacogp]

As said, if they supplied the wrong gearbox then their liability goes as far as supplying the right one.

Whatever you have had done with the gearbox post-supply isn't their problem.

If, on the other hand, they supplied AND FITTED the wrong gearbox then you can reasonably ask them to remove the wrong one and fit the right one.

(What's wrong with the gearbox anyway? It can't be that far wrong as it fits on the car.)


Oli.

[Muncher]

Gearboxes usually have the model number cast onto them, so before doing anything with it that would be my absolutely first port of call to check it matched.

[Soovy]

vanurdi010310 said:

I need legal advice for an incorrect supplied gearbox from XXXXXXXX who are a VW/Audi specialist.

I went to XXX spares and supplied details of car for a gearbox. I got several quotes back including XXXXXXX via email. They confirmed they could supply gearbox and even had my car registration on the quote.

They even left 2 voice mails claiming they can supply the unit.

Now the gearbox has been fitted and is incorrect. They are only prepared to refund the cost of the unit and don't care about the labour to fit the incorrect gearbox.

What rights do I have as I paid by credit card? As they stated they could supply me with the correct gearbox can I take legal action to claim back labour costs for removing the incorrect gearbox and fitting the new one?

Edited by Hughesie on Monday 22 October 14:37

You're lucky they're prepared to give you your money back.

Bite their hand off and move on.

[vanurdi010310]

Just to confirm I ordered the Gearbox from a specialist breakers and got my local garage to fit it.

[vanurdi010310]

Also they had my registration details and confirmed they could supply one for that car.

[Soovy]

vanurdi010310 said:

Just to confirm I ordered the Gearbox from a specialist breakers and got my local garage to fit it.

What tonks is asking is whether you ordered "a gearbox for a 2006 XXXXX" and they sent one which fits but isn't the one you wanted, or did you order a Part number ABC123 and get a Part number XYZ123.

Important difference.

If they sent you what you asked for, but you asked for the wrong thing then it's your problem.

If you asked them for something, and they sent you something else, then it's their problem.

But I'd still bite their hand off and chalk it down to experience.

[simoid]

Does the gearbox fit the car?

Did they say it would fit the car, or it would be a specific gearbox?

OP in OP said:

I went to XXX spares and supplied details of car for a gearbox. I got several quotes back including XXXXXXX via email. They confirmed they could supply gearbox and even had my car registration on the quote.

The car registration may be nothing more than a unique reference number, as opposed to some evidence that a part should fit a specific car.

vanurdi010310 said:

Also they had my registration details and confirmed they could supply one for that car.

Is that not what they have done? What is wrong with the gearbox?

Edited by simoid on Monday 22 October 15:14

[zedx19]

More to this then OP is telling us. Sounds to me like he asked for a gearbox for X car, breakers supplied gearbox which fits and works perfectly fine, but ratios are probably different, OP doesn't like new ratios, claims wrong box supplied.

[Soovy]

zedx19 said:

More to this then OP is telling us. Sounds to me like he asked for a gearbox for X car, breakers supplied gearbox which fits and works perfectly fine, but ratios are probably different, OP doesn't like new ratios, claims wrong box supplied.

Sounds like it.

OP - if you asked for a 'box whcih fits a 2008 Audi A3, and they've given you one that fits, then you're stuffed, even if it's not quite the version you wanted.

If you asked them for a SPECIFIC 'box to fit a 2008 A3 (i.e. you were SPECIFIC about which version you wanted) then you MIGHT have a very thin leg to stand on, but I say again, I'd either suck it up if it fits and works, or bite their hand off for the refund and start again.

[zcacogp]

Gearbox supplied incorrectly.

Supplier takes wrong gearbox back and supplies right one.

Simples.

anonymous said:

[redacted]

This is the question. At a guess, the conversation went like this;

OP: I need a gearbox to fit my VAG Polo/Octavia/Golf, registration ABC123D.
Breakers Yard: We can supply a gearbox to fit that.
OP: Thanks, here's my credit card details.

Breakers yard did exactly as promised; they supplied a VW gearbox to fit pretty much every FWD car VW/Skoda/Audi have ever made and it fits and works perfectly, but the ratios are not the same as in the one that came off and hence a hissy fit is ensuing.

IF this is the case then I'm amazed that the breakers yard is even entertaining giving you your money back as they have done exactly what you asked them to do! You should be paying them for inconvenience caused, not the other way 'round!


Oli.

ETA: Sorry, looks like Tonker ain't the only cynical one 'round here but he can type quicker than I can!

[Soovy]

zcacogp said:

At a guess, the conversation went like this;

OP: I need a gearbox to fit my VAG Polo/Octavia/Golf, registration ABC123D.

Breakers Yard: We can supply a gearbox to fit that.

OP: Thanks, here's my credit card details.

Breakers yard did exactly as promised; they supplied a VW gearbox to fit pretty much every FWD car VW/Skoda/Audi have ever made and it fits and works perfectly, but the ratios are not the same as in the one that came off and hence a hissy fit is ensuing.

Exactly.

If it's as put above then it's tough tittoids.

You wanted a gearbox which works, you got one. If you want a particular fancy sort with specific specification and a big fistful of consumer rights, then don't be so tight next time and buy one from the manufacturer.

[anonymous-user]

Tough tittoids: that will be fifty quid plus VAT, thanks Soovy.

[Soovy]

vanurdi010310 said:

I need legal advice for an incorrect supplied gearbox from XXXXXXXX who are a VW/Audi specialist.

I went to XXX spares and supplied details of car for a gearbox. I got several quotes back including XXXXXXX via email. They confirmed they could supply gearbox and even had my car registration on the quote.

They even left 2 voice mails claiming they can supply the unit.

Now the gearbox has been fitted and is incorrect. They are only prepared to refund the cost of the unit and don't care about the labour to fit the incorrect gearbox.

What rights do I have as I paid by credit card? As they stated they could supply me with the correct gearbox can I take legal action to claim back labour costs for removing the incorrect gearbox and fitting the new one?

Edited by Hughesie on Monday 22 October 14:37

OP you might want to delete that Edit. cos it's got your real username in it.

[Soovy]

Breadvan72 said:

Tough tittoids: that will be fifty quid plus VAT, thanks Soovy.

I told you I was going to use it, didn't I?




Tonker, Soovy and Breadvan LLP.