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Stuck between two arguing companies! Help!? #1594433
16/02/2017 12:42
16/02/2017 12:42

J
jonnyk
Unregistered
jonnyk
Unregistered
J



Hi guys,

In November last year. I had a gearbox and clutch failiure.

I got a gearbox from joe (no issues there)
I paid cg motorsport for a new clutch
I paid a garage for the labour

2 days later the car breaks down.. garage take it all apart again and then say an incorrect component (circlip)was fitted and corresponded with cv motorsport to get a nea new circlip sent to them. Was refitted and all was well.

At this stage the garage would not release the car without a second payment of labour (£450) to fit the part, so I paid to release my car.

The garage have a detailed report on how the part was different including pictures, measurements etc and cg motorsport should not pay me back.

Cg motorsport say the garage fitted the circlip wrong hence why it's a different size now as it bent it (or something) hence why it's a different size now.

Both companies have given me reports of their side in writing, both suggesting the other is at fault and should pay me my second labour cost and it's unfair for me to pay the second amount.

The question here.. is what the hell do I do ? Both companies deny liability so I'm out of pocket. What would people here try?

Any legal experts?



Last edited by jonnyk; 16/02/2017 12:44.
Re: Stuck between two arguing companies! Help!? [Re: ] #1594434
16/02/2017 12:52
16/02/2017 12:52
Joined: Oct 2008
Posts: 6,783
In the coupe.
magooagain Offline
Club Member 259
magooagain  Offline
Club Member 259
Forum is my life

Joined: Oct 2008
Posts: 6,783
In the coupe.
Do some overtime and move on mate.

Or ask for half the amount from each party appealing for their good nature.



Re: Stuck between two arguing companies! Help!? [Re: ] #1594435
16/02/2017 12:55
16/02/2017 12:55
Joined: Oct 2013
Posts: 1,290
Staffs
Dazvr6 Offline
My job on the forum
Dazvr6  Offline
My job on the forum

Joined: Oct 2013
Posts: 1,290
Staffs
You could try asking for half from each as said above but I wouldn't hold your breath.
I had exactly the same situation with a garage that did a clutch for me (I bought the parts)
They just blamed each other and I got nothing. frown

Re: Stuck between two arguing companies! Help!? [Re: magooagain] #1594436
16/02/2017 13:00
16/02/2017 13:00

J
jonnyk
Unregistered
jonnyk
Unregistered
J



To Be Honest I doubt either party will admit 50% liability. I should move on however on principal someone has been incompetent leading me to 2 weeks without a car and paying £400 for the pleasure, so it's all about principle.

Worst case I'll get nothing and describe this situation on both companies social media page/s (obviously I won't be using either again). Might be petty, but I don't earn money to only to simply give it away.

Last edited by jonnyk; 16/02/2017 13:01.
Re: Stuck between two arguing companies! Help!? [Re: ] #1594438
16/02/2017 13:24
16/02/2017 13:24
Joined: Dec 2005
Posts: 17,367
Staffordshire
Nigel Offline
Forum veteran
Nigel  Offline
Forum veteran

Joined: Dec 2005
Posts: 17,367
Staffordshire
Seek some independent advice from another Coupe specialist to find out who is telling the truth

Alternatively, post the (anonymised) reports on here and see what the forum members think

then, if its clear that one of the two parties is being economical with the truth, issue firm proceedings against them

Personally, I'm struggling to see how a circlip can be fitted incorrectly, but I'm no mechanic, so it may be possible. If the circlip IS capable of being fitted incorrectly, there should be clear instructions with the clutch


[Linked Image]
Re: Stuck between two arguing companies! Help!? [Re: ] #1594439
16/02/2017 13:45
16/02/2017 13:45
Joined: Sep 2006
Posts: 17,227
FCSS 01684 593187
Countrycruising Offline
Club Rep Europe, member 914
Countrycruising  Offline
Club Rep Europe, member 914
Forum veteran

Joined: Sep 2006
Posts: 17,227
FCSS 01684 593187
What a headache Jonny, I didn't realise they'd held your Coupe hostage unless you pay labour a second time shocked

When you told me last year I thought it was a done deal, they'd fitted the thrust race incorrectly and they'd resolved this at their own cost rolleyes

From what I've read above you're going to be lucky to get anything from either of them tbh, the thrust race bearings I received from CG are good quality and I've not suffered this so my gut feeling is the garage that changed the box is at fault and only taking them to small claims will see some funds back, is it worth it for all the hassle and stress to possibly be offered £100.00 to settle.

Re: Stuck between two arguing companies! Help!? [Re: Nigel] #1594440
16/02/2017 13:45
16/02/2017 13:45
Joined: Nov 2007
Posts: 2,084
Pontypool
mr_tickle Offline
Club member 1455
mr_tickle  Offline
Club member 1455
Competition Level

Joined: Nov 2007
Posts: 2,084
Pontypool
Your contract was with the garage to repair your vehicle.

It is for the garage to work out whether they or the part supplier was at fault, not you.

Ask the garage to refund the charges in full or you will issue a Small claims court demand for breach of contract.

You will have to pay a fee upfront, but you will reclaim your fees if you win.[i][/i][u][/u]


Last edited by mr_tickle; 16/02/2017 13:46. Reason: doh Joe beat me to it!

[Linked Image]
Re: Stuck between two arguing companies! Help!? [Re: ] #1594441
16/02/2017 13:45
16/02/2017 13:45
Joined: Sep 2009
Posts: 5,022
ation
szkom Offline
Club member 2000
szkom  Offline
Club member 2000
Forum is my life

Joined: Sep 2009
Posts: 5,022
ation
Maybe I'm being daft, but what circlip could a clutch have that can be fitted wrong?

I'd suspect the garage didn't know that the release bearing had to be fitted to the box first.

Re: Stuck between two arguing companies! Help!? [Re: szkom] #1594445
16/02/2017 15:09
16/02/2017 15:09
Joined: Sep 2006
Posts: 17,227
FCSS 01684 593187
Countrycruising Offline
Club Rep Europe, member 914
Countrycruising  Offline
Club Rep Europe, member 914
Forum veteran

Joined: Sep 2006
Posts: 17,227
FCSS 01684 593187
Originally Posted By szkom
Maybe I'm being daft, but what circlip could a clutch have that can be fitted wrong?

I'd suspect the garage didn't know that the release bearing had to be fitted to the box first.


........ or they applied grease to the locating ring on the pressure plate as I've seen this a few times before.

Re: Stuck between two arguing companies! Help!? [Re: ] #1594511
17/02/2017 22:23
17/02/2017 22:23
Joined: Mar 2009
Posts: 3,091
Leicestershire
Joe78 Offline
I need some sleep
Joe78  Offline
I need some sleep

Joined: Mar 2009
Posts: 3,091
Leicestershire
What a ball-ache Jonny.

I think it's unlikely you'll get anything out of either party, but as suggested further up this thread it can't hurt to ask them to split the cost. I'd submit the opposing parties report to each other with a polite letter asking for a contribution to the cost - the one person not at fault is you.

If all else fails, swallow it and move on. Then tell everyone you know and some people you don't know not to use the garage and cg motorsport smile


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