Consumer Rights Act/ refund of money
Discussion
Not sure if this is the correct forum?
I have had my gearbox removed from my Clio 182 which was built by a "reputable" porcsche/ Audi/ BMW specialist/ MINI race team owner.
The diff had been removed to replace the selector seals on the gearbox and the gripper Diff was due to be overhauled by gripper/Corby Motorsport. However upon the company JR-Dain (gearbox specialist) removing the gearbox and diff, they found that no LSD/ gripper differential had been fitted.
I have a witness testimony from this gearbox
specialist and Fast Eddy Performance Car Services to confirm that no LSD is present. On my build invoice, I have a cost of £1110 for the LSD + machining (to accept the diff), however no
diff has been supplied or fitted.
After contacting Trading Standards giving them the information, they believe the buildier has broken/ failed to comply with the Consumer Rights Act, The business have not carried out the service with reasonable care or skill. The Consumer Rights Act also states that they must re-carry out the service however it must be carried out within a reasonable time, without substantial inconvenience, and bearing all costs.
I have however lost faith in his business due to this and a number of other faults on the car which I have already rectified and do not wish to take the car back.
I have sent an email to the company and FB message with the above information, however I can see that the FB message has been read but no reply.
Due to having no reply, I have therefore submitted a money claim form via the HM courts & tribunal service online portal (small claims court) to hopefully get my money back.
What are people's opinion on this?
I have had my gearbox removed from my Clio 182 which was built by a "reputable" porcsche/ Audi/ BMW specialist/ MINI race team owner.
The diff had been removed to replace the selector seals on the gearbox and the gripper Diff was due to be overhauled by gripper/Corby Motorsport. However upon the company JR-Dain (gearbox specialist) removing the gearbox and diff, they found that no LSD/ gripper differential had been fitted.
I have a witness testimony from this gearbox
specialist and Fast Eddy Performance Car Services to confirm that no LSD is present. On my build invoice, I have a cost of £1110 for the LSD + machining (to accept the diff), however no
diff has been supplied or fitted.
After contacting Trading Standards giving them the information, they believe the buildier has broken/ failed to comply with the Consumer Rights Act, The business have not carried out the service with reasonable care or skill. The Consumer Rights Act also states that they must re-carry out the service however it must be carried out within a reasonable time, without substantial inconvenience, and bearing all costs.
I have however lost faith in his business due to this and a number of other faults on the car which I have already rectified and do not wish to take the car back.
I have sent an email to the company and FB message with the above information, however I can see that the FB message has been read but no reply.
Due to having no reply, I have therefore submitted a money claim form via the HM courts & tribunal service online portal (small claims court) to hopefully get my money back.
What are people's opinion on this?
Edited by JKING on Thursday 28th September 15:00
What's the time period between the Invoice for the installation of the LSD and the gearbox being removed?
Unless it's a very short time period I would say you are going to find it difficult to prove, especially as it sounds like your car is very track focused and likely to have had lots of work done by various people.
When the LSD was fitted, was it not tested?
Unless it's a very short time period I would say you are going to find it difficult to prove, especially as it sounds like your car is very track focused and likely to have had lots of work done by various people.
When the LSD was fitted, was it not tested?
I have an invoice with the Total build being almost £18k with almost £6k labour.
I picked the car up August last year.
The car has only been to 2 garages, autotest in norwich for alignment and cit-ren in Brooke to replace power steering pump, rest of stuff has been carried out by myself.
I was told the locking of diff was set to 10% as to bed in the plates of the diff on the first Trackday where he was with me. He then took it back to his garage to check over and increase the locking to 50% before I picked up (I also paid for this, but did not get an invoice)
On a side note, I have had a reply saying sorry and money will be refunded to myself Monday.
I picked the car up August last year.
The car has only been to 2 garages, autotest in norwich for alignment and cit-ren in Brooke to replace power steering pump, rest of stuff has been carried out by myself.
I was told the locking of diff was set to 10% as to bed in the plates of the diff on the first Trackday where he was with me. He then took it back to his garage to check over and increase the locking to 50% before I picked up (I also paid for this, but did not get an invoice)
On a side note, I have had a reply saying sorry and money will be refunded to myself Monday.
Going off on a bit of a tangent, if the OP didn't know (by the cars handling etc) then does he actually need a LSD.
Not saying for a minute that if he has been charged for something he didn't get. Just wondering what A LSD was supposed to achieve?
All of the above is pointless if he hasn't actually driven the car since it was supposedly fitted.
Not saying for a minute that if he has been charged for something he didn't get. Just wondering what A LSD was supposed to achieve?
All of the above is pointless if he hasn't actually driven the car since it was supposedly fitted.
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