getting my money back on a faulty clutch

[series_1]

hi all im after some advice.

 

 

I purchased a clutch kit for my mondeo from a company called nationwide clutch at blackpool

their ebay username is techniclutch.

 

 

now the clutch was supplied with a 4 year 40000 mile warranty.

however it managed to complete just over 18000 miles in around 20 months before it broke up (the center plate)

the concentric bearing also fell apart.

 

 

not wanting to have a poor quality clutch put back in my car

I purchased a genuine clutch kit as I needed the car on the road.

 

 

I sent back all the parts asking for a full refund as I had a garage fit the new clutch

and also put a claim in for the labour cost.

 

 

I got a letter back from the company saying all they will do is supply a center plate

as the concentric bearing would not fall apart??????

no refund for labour costs as I did not give the company chance to sort it out???

 

 

like most people I need the car for work etc..

...personally I think they are taking the mick bigtime..

 

 

...do I have a case?

[Hammy1962]

No

 

H

[Conniff]

As above, no.

 

You can't really expect to just send a bill to a company and expect them to pay. They must be given a chance to sort it out.

 

I think you really answered your own question with "not wanting to have a poor quality clutch put back in my car

I purchased a genuine clutch kit as I needed the car on the road. "

 

That says it all.

[series_1]

mmmmm I think we are missing the point here......I bought a clutch from them it failed within the warranty period basically im trying to get my money back for the clutch I bought from them and the original labour cost to have it fitted....im not trying to gain money from the new clutch or labour charge. just the original costs.....what I meant was I needed the car back on the road asap so opted for the genuine part and to not waste over 2 months without the car which is what it has taken for them to come to this decision.....it would of meant buying another clutch from themselves and chase the refund up.......like the saying goes when u have had poor quality and service you tend to avoid

[oddjobbob]

''As above, no.

 

You can't really expect to just send a bill to a company and expect them to pay. They must be given a chance to sort it out.''

 

 

^^^^^THIS^^^^^

[series_1]

ok but im only after what I originally forked out NOT for the replacement why would anyone want to risk another clutch failing another yr or so down the line....would u?.......this is my point. the original supplier would not give out a genuine part so would of had to put up with a poor quality item again.......I somehow don't think that's right......as stated had to make a quick decision as car was on garage ramp in bits investigating why it had no drive found clutch smashed.... so had to say repair it. so had no time to get in touch with them (anyone who has dealt with them will tell you its hard work getting in touch with them let alone getting to the right dept) so what choice did I have??? im just after a refund for all I paid out ORIGINALLY not for the 2nd clutch or labour for the 2nd clutch

[Conniff]

I understand what you are saying fully, but it don't work like that. Although they have given a warranty, a warranty doesn't have the same protection as the sale of goods act (SOGA). Now the SOGA says that should anything go wrong during the first six months, it is up to the seller to prove there wasn't a fault with it at the time of purchase, an inherent fault. After six months, it is the buyer who has to show that there was a problem with it at the time of purchase.

If that takes an independent engineer to decide and it cost, if there is an inherent fault, then the seller also pays for the inspection.

 

Depending on what the wording of the warranty is, you can go either route. If the warranty only covers the parts and not the labour, (very likely), then you could demand the labour charges be refunded and when told where to go, issue a court summons in the small claims for that refund.

 

Obviously the date of purchase is known, did you have to record the mileage at fitment with anyone ?

[MaxxPower]

It's also not up to you whether you can get a refund, repair or replacement, that decision lies with the retailer. It sounds like they've offered to go with the repair option, which they're perfectly entitled to do so.

[Conniff]

Which all boils down to you not giving them a chance to put things right. The clutch quality might not be inferior, it could have been just one of those things and they are entitled to get first try.

[series_1]

I understand what you are saying fully, but it don't work like that. Although they have given a warranty, a warranty doesn't have the same protection as the sale of goods act (SOGA). Now the SOGA says that should anything go wrong during the first six months, it is up to the seller to prove there wasn't a fault with it at the time of purchase, an inherent fault. After six months, it is the buyer who has to show that there was a problem with it at the time of purchase.

If that takes an independent engineer to decide and it cost, if there is an inherent fault, then the seller also pays for the inspection.

 

Depending on what the wording of the warranty is, you can go either route. If the warranty only covers the parts and not the labour, (very likely), then you could demand the labour charges be refunded and when told where to go, issue a court summons in the small claims for that refund.

 

Obviously the date of purchase is known, did you have to record the mileage at fitment with anyone ?

yes mileage was put on the invoice along with date for labour cost. .....the wording for the parts and labour claim is as follows....this warranty is for customers who wish to make a claim for associated labour if they believe a part may have a genuine manufacturing defect by the manufacturer. then the cost of the defective part(s) together with the associated official trade labour rate and time (taken from sachs) will be refunded if however the manufacturer considers that the returned parts does not have a manufacturing defect then the claim will be rejected and the parts returned to you with a report (remember to fill out the warranty claim form on the reverse of this form) or if you cannot be without your vehicle then purchase a replacement from us and upon return of the original parts we will refund you for them together with the associated labour at the official trade labour rate and time. if the manufacturer grants the warranty claim which may take several weeks (you must provide an official receipted invoice from a vat registered garage to substantiate any labour claim) sorry about all that but thats how its worded......there is 2 out the 4 parts faulty and fell apart/broken the supplier are saying only one is?? have pics of the faulty parts and copies of all paperwork.......the only thing i have done is gone and got the garage to sort it with genuine parts simply becuase i needed the car the garage needed workshop space and with the problems i had when i originally ordered the parts from nationwide with bits missing from the kit i was over a week waiting before i could get it fitted.

[Conniff]

That takes us back to post #7, was there a manufacturing fault, that is up to you to show so it if comes back with a rejection, you will have to send it off to an engineering laboratory for analysis.

 

You can ask them if they have submitted it to the manufacturer so they can offer their opinion, but at most I think all you are entitled to is a replacement center plate as you did not give them a chance to sort it out.

The regulations are big on the side of the consumer, but they do also offer protection to sellers.

[oddjobbob]

OP I'm sorry if you don't like the responses you are getting on here, but the fact remains you HAVE to give them a chance to fix it first and cannot just send them a bill.

[JoeyJoeC]

only 4000 miles warranty should have set off the alarm bells.

[themagician]

only 4000 miles warranty should have set off the alarm bells.

now the clutch was supplied with a 4 year 40000 mile warranty.

however it managed to complete just over 18000 miles in around 20 months before it broke up (the center plate)

the concentric bearing also fell apart.

[BazzaS]

I'm not sure replying to a post from 2 years ago (that was the last post to that thread) is much help.....

Site team : does this thread need closing?