Another week another problem
Another week another problem
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Josho

Original Poster:

748 posts

127 months

Wednesday 29th August 2018
quotequote all
Getting a bit bored of work problems at the moment but hey ho!

We fitted a new clutch on a vehicle. Turns out said manufacturer DOES NOT sell DMF's for these vehicles but only a SMF conversion (problems with them and the very slightly lower BHP vehicle did not have a DMF).

Anyway I purchased a clutch from the dealer however it wasn't genuine. Not a problem though is a decent clutch kit.

We often have mobile guys in when we are flat out and sure enough one fitted said clutch.

Phone call 3 weeks later it's making a noise.

Pop in and the gearbox has gone.

I then missed two calls from him but did phone him back but no reply. My wife has been really ill and she is basically our secratary, I can't cope with 40 odd calls and 20 odd texts a day!

Anyway got an email from the guy asking where I got the clutch from and basically asking what I was going to do about it.

I apologised and offered to get it in and get a gearbox sorted as soon as poss and as economically as poss.

He's taken it elsewhere and a lack of gearbox oil has caused the box to go.

A cone near where the driveshaft goes in is not quite tight enough.

Why the muppet has touched it I have no idea and I will be having words tomorrow.

However where do I stand?

I haven't been given the oppertunity to fix it.

However I am MORE than happy to put a gearbox in FOC but as far as I understand this other garage has taken it out.

Other than being HIGHLY embarrassing I don't want to be charged rediculous amounts for a gearbox and labour.

I was thinking of supplying a gearbox or offering to go and get the car and sort it myself.

Where do I stand legally? I'm hoping the muppet that did the work can pay whatever I contribute.

mikeveal

5,121 posts

280 months

Thursday 30th August 2018
quotequote all
I don't think you can be held liable for the other garage's full bill as you were not given the opportunity to fix it. IANAL, I don't know if you can be held liable for any of the other garage's bill.

I'd be inclined to explain that you would have fixed it FOC if he'd brought it to you & offer a cash equivalent as follows:

  • Cost of gearbox (to you)
  • Book labour hours * what that labour costs you.
  • A few quid per day for a courtesy car.
  • A few quid to say "Sorry", but only if the guy is likely to remain a repeat customer.
Basically work out what it would have cost you to do the job, and offer him that. I'd explain that this is what you are doing, I'd itemise the offer as above so that he can't sensibly challenge your offer. The fact that he chose to take it elsewhere is not your problem.

On the plus side, you also have the opportunity cost - whilst this job isn't in a bay consuming your mechanic's time and not making money, another car is!

CAPP0

20,870 posts

233 months

Thursday 30th August 2018
quotequote all
Awaits the "garage broke my gearbox, how do I sue them to hell and back?" thread. In which case we all just point them here.