Performance Software causing clutch slip - Help Please

[nick7602]

Hi There

 

I will need a new clutch please see the case below

 

I purchased performance enhancing software for my car,

this has now caused me to experience clutch slip when driving

 

the dealer explained that the vehicle was experiencing to much power through the clutch,

I went to this particular dealer for this software because they are the head office for the distributor network within the UK.

 

I have spoken to other dealers within the network who agree that before they offer the software that I have on my car,

they advise the customer that he will need a new clutch as part of the performance upgrade because of the power.

 

I have never had any such advice from the guys at the head office informing me that I will need a new clutch

consequently I am now suffering clutch slip

which could have been easily avoided if they had given me the right advice to start with

 

Please can somebody advise where I stand legally with regards to the above concern.

the dealer has agreed to pay a full refund for the installation of the software

but the software has now sadly caused damage to the clutch

 

many many thanks

[dx100uk]

the pitfalls of wanting to be a boy racer?

surely its obvious if you enhance your power so you will need to enhance that which has to handle it.

 

if they dealer was negligent in not telling you this is one thing

but eitherway you need[ed] a new clutch

 

unless ofcourse you would of turned around and said, no I don't want it as I don't want a new clutch??

 

 

dx

[nick7602]

mmm I agree

 

Just wished he had told me that the higher remap would cause the clutch slip as this was and is something I would avoid, they offer a lower torque remap and this causes no clutch slip at all and is totally compatible with the cars OEM clutch

 

As for needing a new clutch really? 29000 miles?...hardly a lot of mileage is it and there was absolutely no issue with the clutch prior to fitting the software

 

Why would you fit performance enhancing software to a car that needed a new clutch......that would just be sheer folly and stupidity

 

If it is known within the dealer network that the higher torque remap causes clutch slip, which I have in writing from that dealer, why has the UK distributor fitted the software without me personally asking for the wildly expensive motorsport clutch upgrade?? could it be they were hoping to make more money out of me??

 

I am looking for help not chastisement....I feel down enough as it is.........many thanks

[dx100uk]

so all this info

you've found out afterwards ?

or you already knew there were two remaps to make your nose [wrong word] slightly bigger..and one that would really impress??

 

not being funny ...

 

I would suspect

you'd already researched it before you went there so knew all this

should the truth be know, or ought to have done so.

 

a manu wont fit a sports clutch as std nor the mini remap

so .. fitting a std clutch...

 

the upgrade has frucked the clutch because its dealing with torque it was never designed to handle....

 

see what others say..

 

 

dx

[BazzaS]

Did you inform your insurance company of the “performance upgrade”?

Do you have “motoring legal expenses” (or “all legal expenses”) cover with your insurance policy?

[nick7602]

so my question is - can i reasonably expect the dealer to contribute anything towards a new clutch??

[disgruntled2007]

Nope.

[BazzaS]

so my question is - can i reasonably expect the dealer to contribute anything towards a new clutch??

 

Did you inform your insurance company of the “performance upgrade”?

Do you have “motoring legal expenses” (or “all legal expenses”) cover with your insurance policy?

 

Will you be able to get legal assistance (bearing in mind the questions I’ve asked) via your insurers for advice and/or action against the dealer?

[grmc]

I would agree with disgruntled2007 - under these circumstances, you can't expect the dealer to contribute to the upgraded clutch.

This is on the basis that had you known about it, you would have had the upgrade done at the same time as the remap, meaning no net loss to you.

 

However, if you can successfully argue that the information regarding the clutch upgrade is sufficiently 'secret' in that there are no openly reported accounts of this issue (a fact you would be obliged to prove) and that the engineers were negligent in failing to inform you, then you MAY be entitled to have the car restored to its original condition at the dealer's expense, but I seriously doubt you'd succeed at getting a contribution to the clutch upgrade even under these conditions.

[nick7602]

What I find interesting is that at no time prior to fitting the up graded software was there any hint of clutch slip

this car is a low mileage daily driver,

it wasn't until we applied the software that the clutch protested and started to slip,

 

at no point did the dealer advise me that the car would experience clutch slip with this particular software,

it wasnt until I did further investigation that one of the dealers in the network admitted that he personally does not advise his customers to have the software That I had, unless they invest in a performance clutch for their car,

 

he mentioned that their is two versions of the software the lesser one would have been more suited to my car and he couldn't understand why their head office didnt give me that option or even ask the question?

 

I am not asking for a performance clutch upgrade

 

what I would like to have because of their lack of communication is help towards a new clutch after their software ruined this relatively new cars clutch..

....as I think this is only fair

[grmc]

I think that in light of what you have just added, it is possible that "a reasonable person" would not have discovered this need for upgraded hardware. It all depends on how hard you have to search the internet for any similar stories.

 

If you've been encouraged to have a remap that is not suited to the standard car setup, and that the alternatives were not adequately explained (i.e. the clutch upgrade with the mapping you had, or the alternative lower power mapping and leave the standard clutch) then you're in a good position to have the alternative remap applied (and refund or contribute to the difference) and if it can be proved that the clutch has been damaged (as opposed to simply slipping due to being unsuitable for the extra torque of the mapping you had) then you'd be entitled to a contribution towards the replacement, which is likely to be adjusted pro-rata for the expected life lost in the existing clutch. This might be a tough one to prove, if the clutch isn't actually completely worn out because of this more powerful mapping, especially as there's no mention of a pre-inspection of it to go by.

 

However, you just know that they're going to say you were advised of all the above, unless you have a discussion in writing (such as email thread) whereby none of the warnings were given.

 

It would then be a case of their word against yours, but as a consumer, it tends to be weighted in your favour if you come across as genuine to the judge. What would be worth having, is a statement or at least an email confirmation off the mechanic from the other depot, confirming what best practise/company policy is, as that would be essential to proving your case of negligence.

[nick7602]

Thank you GRMC for your very kind help with this concern

 

I am not an unreasonable person, like one of their dealers said I just wished they had asked me the question prior to going ahead with the software that isn't compatible without a performance clutch, it would have saved so much trouble and I trusted them because of the reputation they have as being one of the best in this field.

 

 

Many many Thanks

[grmc]

I think if you approach the issue with the clear attitude that you just want to resolve the problem without any intention of personal gain, then you will always hold the moral high ground.

 

The wording in your initial post could potentially be interpreted negatively, in that you are looking for some sort of excess compensation, which would mean you'd be very likely met with resistance.

 

If they refuse to play ball and you've gone in with the first approach, it always makes you look like the more reasonable party when you have to escalate. Always remember that the basic objective/principle when assessing damages is to put the aggrieved party in the position they ought to have been, had the tort/breach not occurred.