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Van had clutch fixed, delivered back to me, wouldnt start! where do i stand?

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  • Van had clutch fixed, delivered back to me, wouldnt start! where do i stand?

    short story.

    the clutch on my van went the other day, so spoke to a mechanic friend of mine whi was too busy to fix but recommended another garage he had apaarently used a few times in the past who would come and pickup - fix - drop off back to me, my friend told me the clutch (and possibly dual mass fly wheel) could cost around the £300 to £700 mark in total to fix.

    he gave me number, i run them up, they are in wigan (im in blackburn) we agreed over the phone that they would pick van up and fix and return for £330 inc vat, on the basis that it was just the clutch, which i agreed to.

    they came, picked up and took away.

    later that night they rung me up and informed me the flywheel would need changing also, i expected this and we agreed that the whole job would be done at a cost of £648 inc vat. he informed me the van would be ready just after dinner time the next day.

    dinner time the following day he rings me up to confirm i will be in, i stated yes, he tells me they are setting off ow to drop van back over and will be about 30 minutes or so.

    this was around 12 noon.

    2pm arrives still no van, so i ring them up and the same guy states that he should of been here by now but he cant contact them, and that he set off just after he innitially rung me to confirm i was in.

    3:15 approx arrives, i get a knock on my door, my vans outside on the road (parked on the grass verge) outside my house, i invite him in, he explains all works been done and fine, but that the water pipe came off whilst the mechanic was working on it and that i should check my water but other than that its fine, i pay him the money he gives me the key and an invoice and we walk outside together, he jumps in the other van his mate has followed him over in and they drive off, i get in my van and it wont start, it just turns over and over and over and pretty quickly the battery dies.

    i immediatley ring the office number and explain hes dropped it off just now but it wont start. i put the phone to the engine whilst turning it over to let him hear, he says it was fine when it left here, when the driver gets back he will speak to him and ring me back.

    an hour later he rings me back states that the driver told him the "engine burbled a few times on the way over but the dropped a gear and it was fine"...........

    non of this information was offered to me when he came for his money

    i asked him where does this leave me? he said get the AA to look at it, i told him this aint on and that the van was working and starting fine when it left me just the clutch had gone, he told me to get a local mechanic to look at it, at this point i made him pretty aware i wasnt happy about this , keeping as calm as i could, i had to put the phone down on him but his parting words where get someone to look at it and get back to him. this was thursday, in the meantime no ones looked at it yet (mainly because i cant move it, ive managed to tow it up the road and freewheel it back down and try and bump start it but it wont start) ive now got it on my drive at least.


    but where does this leave me, im wanting to ring him back but what do i say?

    on another note, i have a theory.

    they picked it up in a low loader and have meant to of drive it back over, but when it was outside my house it still had the towing eye screwed into it and i never heard them pull up either, plus with the 3 hour journey to my house leads me to believe that the cars either just been straight towed here or broken down enroute and they towed it to the top of the hill unhooked it and freewheeled it down the road and parked it out side (if it had its own power, they would of drove it onto my drive)


    what do i say to him when i ring back, to be fair im pretty feckin angry about this and my "mate" who recommended them is not answering his phone now, dont get me wrong i know its not his fault per se but hes a mechanic he could at least come over and arm me with the facts for me to ring them back up!!



    cheers for info in advance...
    Tags: None

  • #2
    Re: Van had clutch fixed, delivered back to me, wouldnt start! where do i stand?

    If you’re not happy with the quality of work done by a garage or a fault reappears, the garage may have breached their contract with you or have been negligent.
    Strictly, you can get the work done by another garage and claim back the cost. However, you'll need to get expert evidence to support your claim, which could be expensive. It's usually best to give the garage that carried out the original repair an opportunity to put things right at no cost to you first.

    If the garage refuses to put things right, check whether it belongs to a trade association with a code of practice setting out standards of service it must follow. You can use this to show the garage that they must put the problem right.

    Read more HERE
    Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

    IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

    Comment


    • #3
      Re: Van had clutch fixed, delivered back to me, wouldnt start! where do i stand?

      turns out the head gasket has gone..........waiting to contact garage

      Comment


      • #4
        Re: Van had clutch fixed, delivered back to me, wouldnt start! where do i stand?

        Question is there then, did they run it knowing it was out of water? could that have caused the headgasket to go i wonder
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          Re: Van had clutch fixed, delivered back to me, wouldnt start! where do i stand?

          rung them back today , told me to ring back monday as garage is closed (even though the number states 24 hour hotline)

          have to bite my lip, but this is leaning towards them tell me to go fly.

          so, in summary

          van starts and works fine but clutch has gone.
          they pickup
          "fix clutch"
          drop back off to me
          state that water pipe popped off during work and for me to check water levels.
          van doesnt start.
          takes van 3 hours to do a 45 minute ABSOLUTE MAX journey.
          guy who i speak to on phone states that the mechanic (theirs) stated that my van has had a new water pump and belts recently. which is had, 4 weeks ago, van has been running fine since, no loss of water or high temps, as i check this everyday including the day that the clutch went.


          i had to put 2.75 litres of water in the water reservoir when i checked the water levels.

          an independant mechanic has been round today and confirmed that the head gasket has gone on the van.


          so my theory.

          theyve done the work, and either left a water pipe off or not put any water back in the van.

          drove the van back over to me , not far into journey the van has "burbled" (his words) , theyve realised temperature has gone sky high etc maybe even vans broke down or failed to restart, they have tried to fix at the roadside etc realised there is now a serious problem with the van i.e. head gasket blown, towed it back to my road (i live on a short hill at the bottom), got it to top of my road, unhooked it from the tow van but left the towing eye in as they are rushing and free wheeled it down to my property and scarpered as quick as they could.................theory but i think a pretty good take on the situation, end of the day though now apart from going over there and having a ruck with them (which is probably whats gonna happen) where do i stand, im confident that these aint gonna accept any liability.


          by the way they are http://www.camukclutch.com/

          http://www.clutchandmotcentre.co.uk/



          cheers

          Comment


          • #6
            Re: Van had clutch fixed, delivered back to me, wouldnt start! where do i stand?

            Monday will be interesting then. Driving the vehicle cauld have caused the head to crack (if it was not already). This will need to be skimmed and professionally pressure tested, ideally by a specialist third party of your choosing, not a clutch centre.

            TBH, I've changed loads of clutches on cars and not once has it involved any chance of a water hose being knocked off, they are usually clipped on in any case to avoid this happening. It doesn't quite ring true to me. :beagle:

            Comment


            • #7
              Re: Van had clutch fixed, delivered back to me, wouldnt start! where do i stand?

              thanks for the info, before they took the van it drove perfectly and started every time, the water pump got changed because of a small leak, no adverse affects to the engine and its been running fine since being changed and i have checked everyday water levels so there was plenty f water in it the day it went, and hardly any (if at all ) when it came back..........

              Comment


              • #8
                Re: Van had clutch fixed, delivered back to me, wouldnt start! where do i stand?

                Sounds like you have been conned because of their mistake.. You can only give them the chance to come and pick it up and sort it out. It really looks like they forgot to fill with water, driving it back to you. If they refuse, you really have to think about getting another garage, if not your mate that recommended them. And take legal action to recover your monies after. There's no short cut or magic answer, unless your bigger than them and don't give two monkeys about how you want them to fix it. It happens all the time and your the only one who can decide which course to take. I think you already know that anyway. There's plenty of help here on the legal way of recovering your money if you have to get the van fixed yourself, good luck

                Comment


                • #9
                  Re: Van had clutch fixed, delivered back to me, wouldnt start! where do i stand?

                  Originally posted by labman View Post
                  Monday will be interesting then. Driving the vehicle cauld have caused the head to crack (if it was not already). This will need to be skimmed and professionally pressure tested, ideally by a specialist third party of your choosing, not a clutch centre.

                  TBH, I've changed loads of clutches on cars and not once has it involved any chance of a water hose being knocked off, they are usually clipped on in any case to avoid this happening. It doesn't quite ring true to me. :beagle:
                  Not strictly true. Some of the water hoses at the bottom of the radiator on some cars/vans are directly in the way when it comes to removing a gearbox, and if you're too unruly with removal of the gearbox, its possible to crack the hose off where it connects to the rad (cracking the plastic pipe that the hose connects to).

                  Its also possible they removed a pipe to ensure that it didn't get in the way on removing the gearbox, and either didn't put it on or didn't put it on properly.

                  Either way, sounds like the garage was negligent, no reason has been given for the lengthy duration of delivery, bloke at the garage sounded surprised it wasn't already back with the customer.

                  Sounds to me like the delivery driver(s) were also the guys that did the work on the van, and they were culpable for the damage to the van and sought to try and avoid liability.

                  Comment


                  • #10
                    Re: Van had clutch fixed, delivered back to me, wouldnt start! where do i stand?

                    Originally posted by Galahad View Post
                    Not strictly true. Some of the water hoses at the bottom of the radiator on some cars/vans are directly in the way when it comes to removing a gearbox, and if you're too unruly with removal of the gearbox, its possible to crack the hose off where it connects to the rad (cracking the plastic pipe that the hose connects to).

                    Its also possible they removed a pipe to ensure that it didn't get in the way on removing the gearbox, and either didn't put it on or didn't put it on properly.

                    Either way, sounds like the garage was negligent, no reason has been given for the lengthy duration of delivery, bloke at the garage sounded surprised it wasn't already back with the customer.

                    Sounds to me like the delivery driver(s) were also the guys that did the work on the van, and they were culpable for the damage to the van and sought to try and avoid liability.
                    Perhaps it may be worth a look at Supply of Goods and Services Act 1982? duty to carry out services with reasonable skill?
                    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                    If you need to contact me please email me on Pt@roachpittis.co.uk .

                    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                    You can also follow my blog on consumer credit here.

                    Comment


                    • #11
                      Re: Van had clutch fixed, delivered back to me, wouldnt start! where do i stand?

                      Originally posted by Galahad View Post
                      Not strictly true. Some of the water hoses at the bottom of the radiator on some cars/vans are directly in the way when it comes to removing a gearbox, and if you're too unruly with removal of the gearbox, its possible to crack the hose off where it connects to the rad (cracking the plastic pipe that the hose connects to).

                      Its also possible they removed a pipe to ensure that it didn't get in the way on removing the gearbox, and either didn't put it on or didn't put it on properly.

                      Either way, sounds like the garage was negligent, no reason has been given for the lengthy duration of delivery, bloke at the garage sounded surprised it wasn't already back with the customer.

                      Sounds to me like the delivery driver(s) were also the guys that did the work on the van, and they were culpable for the damage to the van and sought to try and avoid liability.
                      Absolutely strictly true for the ones I've done. I appreciate what you're saying though, and indeed EXC.

                      Gearboxes are always pigs to work with, IMO. As you say, if the water pipes were dislodged, or moved out of the way, the onus is on the garage to put it back and fill it with water again. It isn't rocket science! lol :beagle:

                      Comment


                      • #12
                        Re: Van had clutch fixed, delivered back to me, wouldnt start! where do i stand?

                        spoke to them , waiting for a call back once theyve found the guy(s) who dropped it off/worked on it.

                        sounded sympathetic, but lets see how far that sympathy goes when it comes to paying for the van to be sorted out.

                        cheers, will post!

                        Comment


                        • #13
                          Re: Van had clutch fixed, delivered back to me, wouldnt start! where do i stand?

                          Just to give us a better idea, what make/model of van was it?
                          Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

                          IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

                          Comment


                          • #14
                            Re: Van had clutch fixed, delivered back to me, wouldnt start! where do i stand?

                            vauxhall combo van 07 plate , 55k miles...................

                            sort of come to an agreement (although i have agreed to nothing) that they will pay all labour charges to fix the van. i actually had to go over in the end to the garage, they where a bit shocked. they have stripped it down and sent the head off to the garage but we are awaiting to here back from pressure test.....monday is D day!!


                            on another note, i have recorded them when i went in, i will post it up once the matter is cleared, what a bunch of donkeys, you will have to excuse my swearing though, i swear a lot at them, 4 of them one of me!!!! will see what happens on the results of the pressure test................................


                            p.s. one guy is adamant the van drove all the way over to me, even though the other 3 agree it broke down and was towed to me and i have cctv footage!! i think he thought i was filming him lol....

                            Comment


                            • #15
                              Re: Van had clutch fixed, delivered back to me, wouldnt start! where do i stand?

                              Don't post up any recording unless they were told they were being recorded. You can keep it for personal use, it could be admitted as evidence in a court of law if the judge agreed to that, but it should not otherwise be shared with a third party.

                              When the head comes back as knackered, make sure the work is done properly and you get a decent written guarantee on the work. They are notorious for going again.

                              At least the garage seem to be acting reasonably at the moment which is good. :beagle:

                              Comment

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