Hi

on the 28th Dec hubby went off to a parts supplier and picked up a new Oil filter and oil and as usual gave the registration number.

He brought the parts home and proceeded with the oil change.

As always before swapping the filters over he holds them up and checks that they are the same size.

Once in he took the car for a drive and 7 miles later 'bang'.

We got her home and had a look the following day at what had happened and the bottom crank had knackered up.

When inspecting the 'new' oil filter we realised that whilst they were very very similar (i'm talking maybe a mm or so difference) the part numbers were also different (by 1 digit).

On checking the part numbers the 'new' one was for a BMW not a MCS!

Now we are still waiting the parts place insurance company to come back to us with confirmation of liability.

The engineer that came out last week was rude and threatening to hubby on the phone

(mobile to mobile so no proof I guess) and his comment was 'i'll either be your best friend, or your worst enemy!'

I'm hoping that we see every last penny that we have had to spend out on fixing the car especially as we are now 7wks in since the complaint was put in.

Anyone give us any advice ? or been in a similar positions?

If you have any further dealings with them directly or on the phone, then you should make sure that you record everything. You have already lost an opportunity to acquire evidence of the conversation which you have already had.

If you have evidence that you specifically asked for the they provided you with the incorrect item, then I think that there should be no problem – even if you have to go to court, recovering all of your losses.

You would have to show that you asked for the correct item, that they sold you the incorrect item and that the fitting of the incorrect item caused the damage to your vehicle.

Thanks Bankfodder

yes everything has been done via email and we have copies of everything!

They aren't getting away that lightly!

The parts place have more or less admitted liability anyway on one of their 1st emails to us. S

o this is just going through the motions really.

Once we are sorted the insurance/engineer companies will be getting one hell of a complaint email/letter with how we have been treated!

You are covered by the Consumer Rights Act which in your case requires that goods must fit the description and also fit for the purpose for which they are sold.

Just to warn you, that dealings with insurers can sometimes be long and drawnout. Really, the insurance company shouldn't be your problem. It is the supplier needs to claim on their insurance to indemnify them for the consequences of their mistake. Your claim is directly against the supplier. I would suggest that if there is any undue delay – and I mean more than 10 days, that you write the supplier and tell them that you will be taking direct action against them if they don't compensate you for your losses. If this vehicle is your only vehicle a new are put to additional expense hiring an alternative vehicle then they would be liable for that as well.

They are liable for all the direct and foreseeable consequences which follow naturally from their breach of contract/negligence act.

Is this " parts supplier " a large company or just a local one ?

Andy

Quite a big one, we originally thought they were just a couple of local ones until we checked them out further!

Does that model have an oil pressure gauge fitted ??

I came across this article if it helps.

http://new.minimania.com/MINI__02_04__Oil_Filter_Confusion___Problem___Hints