Clutch replaced but new Garage says work not done

[jj69]

Any advice on the following would be helpful.My brother bought a car private on the 23rd May for cash.Has full service history two main dealer and two local garges , also in May the previous owner took it to a local garage who stamped book and replaced Clutch (two recepits for work in service book).My brother took it to his own local gargage that he uses to get a service ( he knows and trusts the mechanics there ) and they claim that it looks like no clutch has been replaced on top of this spark plugs/filters all look like they need replacing.I know as a private sale he is stuffed getting his money back but can he claim from the gargae that has stamped the service book.In my mind can he under sales of goods act ? The mechanics in his local Garage have serviced all his previous cars for years and he knows they are trustworthy as a loyal customer so surely he can go back to this other garage as I assume there should be warranty on the clutch ??

[Ed Gasket]

I would think the previous garage would say that the work was between them and the previous owner though if the seller used the receipts to make a claim as to the condition of the car then, if you can prove these were false, you might have some claim against the seller; very 'iffy' though as it would be your garage's word against the previous garage/seller. It might be worth checking what the previous garage say in case the stamps and receipts are not genuine. Is there a problem with the clutch now?

[Andy77799]

I guess you could pay for independant check like AA etc, Is the clutch going?

[gbjadyy]

how can your garage confirm clutch was not replaced? thats impossible unless they remove the gearbox and i cant see that happening when they would have to remove gearbox first !! also filters etc arnt something you can complain against as the condition depends on mileage and environment covered since being changed, but more importantly here is that you have in my opion no way of going anywhere whith this claim as everthing is circumstanstial and any previous work or servicing is a contract between the garage and the person paying at that time and not transferable to subsequent owners/drivers, i really cant see you getting anywhere with previous owner either as the contract is still between him and his garage and i cant see him taking up issue with that garage about a car he no longer owns !! ( would you do that?) sometimes we live and learn with these things but frankly i cant see the point in chasing after money after the fact when it could be argued that you had opertunity to look over the car and have it checked correctly prior to the sale, your arguement is you thought all was good and welll maintained but previous owners argument is the same thing as yours so where does any claim come into play here?? i think its a loser

[Andy77799]

Surely if stamped fpr new clutch but hasn`t had one then fraud is there somewhere lurking???

I await the pro`s

[gbjadyy]

Surely if stamped fpr new clutch but hasn`t had one then fraud is there somewhere lurking???

I await the pro`s

 

you may well be correct but that would be something the seller had done and therefore would be his problem with the garage that fitted/not fitted it, and the car is no longer owned by that person so the current owner has no comeback on the garage in question, as i said before the currect seller has no contractual agreement with that garage as they didnt pay for that work/invioce

it would be like me complaining to the gas board about your gas bill?? obviously they would tell me to go away

 

but again i also say where is evedence to prove it never had the clutch anyway unless the gearbox was taken out to find out if it looks old or new?

 

incidently in the past we have had people have new clutches fitted at a rate of 1 per month when we discover they have bad habit of riding the clutch and burning it out so is that our fault in these circumstances? i think not even though some would disagree, one old lady had 3 clutches in her car ( 2 of which we footed the bill for) on the 3rd occasion we went to collect her from her home to pay her bill and she drove her car back and with our lad as passenger and it was then that we discovered how bad her driving was as she was constantly riding the clutch and couldnt even hear how bad she was making the engine scream due to have bad hearing aswell, we explained to her politely as we dont like to tell people there getting old and not as good as they once was, she said she hadnt had the car long and was surprised at us thinking it her driving and off she went, 3 weeks later the car comes back, this time with her son who is not happy at all, we explained everthing to him and he didnt believe us so we said we will fit another one on the basis that we pay if we are wrong and they pay if we are right but he must come to the garage when we say the car is ready and he did so, we then asked him to go passenger with his dear old lady for a test drive , 10 mins later he came back and appoligised for everthing and paid up and we then sugested he sells that car and helps her get an automatic

[gbjadyy]

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[gbjadyy]

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[jj69]

Many thanks for the advice on here...The advert on autotrader stated that new clutch fitted and recent service.At the moment fifth gear keeps popping out the the rest all work fine, which could lead to a gear box or synchro fault .If this garage has replaced the clutch why would fifth gear not connect properly if the gearbox did not need work.Also the garage may have fitted the clutch incorrectly.It sounds like they have used a cheap aftermarket clutch anyway...In the service book it is stamped 16/05/2011 with the garages name and number plus underneath in pen Full Service & Clutch, also there is are two receipts one showing a three in one clutch was purchased and labout total £217.We both know the mechanics at our local garage for years that why we know they are not just touting for business, he showed me the air filter for example and it was totally filithy, the antifreeze level was low , the brak fluid was also low.The mechanic ownes the same type of vehicle and knows what the correct fluid and levels should be.In his opionion it does not look like a full service has been carried out .Therefore im tempted to ring the garage and ask what work has been done surely stamping a service book without carrying out the work is tantamount to fraud !!

[Ed Gasket]

Whether or not it stays in 5th gear has nothing to do with the clutch; only the gearbox. if there is not actually a clutch problem, I don't see that you have any complaint and an uphill struggle to prove that the clutch was not renewed. What quality of clutch they used is irrelevent as the advert only says it was 'new'; not that it was a genuine part fitted. Air filters are not changed at every service; usually every other service. i expect they only did oil and filter.

[gbjadyy]

ed is correct here, clutch changed on advery and in your book, fith gear jumping out is a gearbox fault and has nothing to do with clutch, dont assume because you use a clutch to change gear automatically means the two are the same thing becasue there not and even if clutch was incorrectly fitted it would not cause that problem, also synchro stop gears crunching between shifts so again its not a synchro problem ( although the synchro is part of the gearbox), you really are wasting your time here, sorry

[heliosuk]

Don't suppose it's a RAV 4 is it?

 

Jumping out of gear as the others have said is predominantly a gearbox issue however I have seen it also related to a knackered clutch slipping/catching. Very, very rare though and unlikely to be seen on main stream production cars.