Hawkeyeguy

Hi all,

I'm a newbie here so I apologise if this isn't what you would usually expect on this part of the forum but I'm having some serious problems with a main dealer and would greatly appreciate any advice that anyone could offer.

Earlier this year I had a problem with my '07 WRX which following a diagnosis was traced by a main dealer to being a failed pinion gear on the rear diff.
Due to the cost of a new diff being nearly the value of the car, they tried to source a 2nd hand part, which after over a week were unable to find. I offered to try and look around to try and speed things up, so they told me I need a diff of ratio 1/4.44.
Quite quickly I sourced the part which they then fitted and after over 2 weeks I got my car back.
The following week I was driving on the motorway at about 70mph and quite suddenly I felt severe vibration through the steering wheel, heard a thumping noise and the car swerved uncontrollably. Luckily the middle lane was empty at the time so I avoided an accident and managed to get onto the hard shoulder.
After I had the car recovered it was then inspected by an independent specialist who suggested the symptoms sound like gearbox wind-up. Following some research I discovered that the diff I had been instructed to purchase and which had been fitted by the main dealer was in-fact incorrect and should have been 1/4.11.
Due to a complete lack of confidence in them and due to their extremely defensive attitude when I explained what had happened I decided to get the problem rectified elsewhere at my own expense.
They have since tried to pursue me for £560 for the original labour, which is not only nearly double the quotes I have received from other main dealers for the same work but also it appears quite unfair to be charging for labour when the car left their workshop in what I believe to be a fundamentally unsafe condition.

Due to the ongoing dispute I have made it clear through solicitors letters that I am unwilling to pay for the labour charges, however I have just received a court summons for the amount due.

What I am struggling with is a credible source or testimonial that the symptoms which I experienced are highly likely to have been caused by having that rear diff fitted to that car and similarly something that can also testify that this is without doubt a dangerous state for a car to leave a workshop.

Despite being put through what was an extremely scary and dangerous experience, a huge inconvenience, months of threatening correspondences and incurring great expense, I am the one being taken to court. If anyone is able to offer some advice, particularly regarding the above paragraph I would be massively grateful!

Many thanks in advance

XDevil666

i would personally speak to a lawyer - and sue there ***

Steve's Sti

iTrader: (2)

+1

Frenchwood

+1

Turbo Tone

iTrader: (2)

So let me get this straight, the original diff was replaced with a second hand part that they asked you to source. Now it has gone wrong and you are quite obviously not happy with their work they are pursuing you for the cost??

Speak to your solicitor. Explain the fact that you could of killed however many people on the motorway due to their poor knowledge and workmanship?

May be worth speaking to the likes of Scoobyclinic, API etc.. and getting their views on fitting the wrong diff to the car.

tubbytommy

iTrader: (20)

I think the issue is they told him to buy the wrong part, but as with all these things its a matter of proving it.

knowing garages they will simply say we fitted a part supplied by the customer.

XDevil666

Which ever way you look it - the car was released unsafe for the public highway - doesnt matter who got a part - the point is the car was returned to a customer in a way that could have killed them and killed others.

Osimabu

iTrader: (2)

You could also ask for advice here:

http://www.honestjohn.co.uk/askhj/

Hawkeyeguy

Thank you for all the comments, that's really useful. For your information, I have it in writing that they have admitted to instructing me to purchase and to fitting the 1/4.44 diff. They justified this because they claim this is what they removed from the car, however this cannot have been the case as not only is it just simply the wrong one but had this been fitted when I gave it to them then I would have surely had a similar problem in the 2000 miles I had driven the car since owning it? Also I would have thought that even if this is the part they took off the car then surely as a main dealer it is their responsibly to ensure the correct part is fitted by checking the part number or whatever process they should go through?
I will pursue those recommendations so far, any other suggestions still very welcome indeed!

RICHARD J

iTrader: (4)

Harvey Smith sued a company successfully for a similar reason but the company supplied the part & this may be key to your case. Speak to a good Soliciter & only go to court if you have a very strong case as these cases can cost a fortune.