Can I claim for Mecanical Failure?

peterc2609

My car needed a new part through wear and tear a few weeks ago...

I bought the part from a company who also sold through ebay... the part was brand new (it was a crank shaft pulley) cost £70 instead of £130 from dealer.

The part arrived and was fitted by a garage....

Last week my car started leaking oil, so I put it back in the garage where they informed me that the pulley had fallen to bits.... and caused damage to
the engine...

I called the company who told me "We've had a few problems with these parts, so we supply a different one now... we'll send you one"

So this part comes... it make totall of metal instead of rubber/metal....

Anyhow, when the garage comes to fit it, the car now need a new oil seal- approx £50, some kind of bolt £15, and the Timing Chain Casing is scored by the broken part and that is leaking oil also....

They are going to try and aluminium weld it, but if not then I will need a new casing which is a big job.

Do I have any claim with the company whom I bought the part from?

Also, I was looking to get a new car... could I part ex it or auction it in its current condition?

anewman

You don't know unless you try, but I would take them saying there's been a few problems and sending out a new one as acceptance of liability for the part's failure, which no doubt would go in your favour if it went as far as small claims court.

You can sell it in it's current condition but you'd probably make more money fixing it up first as the faults will put off buyers who'll probably wonder what's to fail next.

ArsenalFC

I would tell the company that their part caused damage to your engine and bill them to get a full refund on what cost you to put right. They have admitted that the part were at fault, I certainly would do everything to get the money back.

peterc2609

Is this an ok email to send to the company??

=========================================================

As discussed 2 weeks ago, this part had mechanical failure and you sent me a new part out... comprised of metal and not rubber.

When this part failed it has caused a lot of damage to my engine, most notably scoring the timing chain case causing a major oil leak. I have now been without my car since the 9th October, and have needed to pay for a new oil seal and some kind of bolt. The garage has taken photos of the damaged parts and the damage to the engine... I can forward them on if you like.

They are now looking at the possibility of welding the timing chain case, or replacing it.. which I'm warned is a big job.

When I spoke to you on the phone, you told me that there had been a number of issues with these parts and so you now dealt with totally metal ones... I believe that this conversation and the fact you sent me a new part out are an admittance of liability.

I will be forwarding you details of the total bill once the car is repaired and would like to be reimbursed fully for the damage to my car which was caused by your faulty part.

Thanks

Hintza

No not really.

You need to get all the facts and a proper list of the work that is required, I would also get a quote in writing from the garage that you can include with the letter. Take care wording your letter and ensure it reads well. Hit them once don't come back in a week or so to say you underestimated.

Initially keep it firm but friendly don't issue any threats at this stage.

Good luck

LinasPilibaitisisbatman

peterc2609 wrote: »

Is this an ok email to send to the company??

=========================================================

As discussed 2 weeks ago, this part had mechanical failure and you sent me a new part out... comprised of metal and not rubber.

When this part failed it has caused a lot of damage to my engine, most notably scoring the timing chain case causing a major oil leak. I have now been without my car since the 9th October, and have needed to pay for a new oil seal and some kind of bolt. The garage has taken photos of the damaged parts and the damage to the engine... I can forward them on if you like.

They are now looking at the possibility of welding the timing chain case, or replacing it.. which I'm warned is a big job.

When I spoke to you on the phone, you told me that there had been a number of issues with these parts and so you now dealt with totally metal ones... I believe that this conversation and the fact you sent me a new part out are an admittance of liability.

I will be forwarding you details of the total bill once the car is repaired and would like to be reimbursed fully for the damage to my car which was caused by your faulty part.

Thanks

No its terrible

"some sort of bolt" - you need to document every failure in mechanical terms, I would also suggest you advise re the scoring issue it has been welded as a temporary repair but you expect it fully repaired and get a quote for this.

You should also document the costs through invoices and supply a garage report proving the failure was the reason for the repairs.

I would also suggest you dont say you take their comments as an admission of liability, and instead state due to the comments you are confident that they have been neglient and are thus liable

You should also get a few different quotes for damage

peterc2609

LinasPilibaitisisbatman wrote: »

No its terrible

"some sort of bolt" - you need to document every failure in mechanical terms, I would also suggest you advise re the scoring issue it has been welded as a temporary repair but you expect it fully repaired and get a quote for this.

You should also document the costs through invoices and supply a garage report proving the failure was the reason for the repairs.

I would also suggest you dont say you take their comments as an admission of liability, and instead state due to the comments you are confident that they have been neglient and are thus liable

You should also get a few different quotes for damage

Document the costs through invoices - So you mean wait till all the work has been done and then send them the invoices??

You should also get a few different quotes for damage - This isn't really possible as my car is currently in bits on a ramp...???!?!

peterc2609

OK....

Had to get the work done.... got a report with invoice...

Parts=£322
Labour=£540

Report says

"Trace oil leak on above vehicle. Fault = Crank Shaft Pulley split resulting damage to timing case. To rectify=Remove Cyl Head & Sump, Remove & renew timing case, refit Cyl Head with new gasket. Refit & Reseal sump and timing case. Fit new oil filter & Oil. Run & Check no leak"

So £862 out of pocket because of the mechanical failure of a part.

I still have the part.

How should I word email/letter?

ilikedrawing

Would the fault be with the supplier or with the manufacturer of the part?

Heres a site i found with a good complaint letter..

http://www.howtocomplain.com/info/cl-template.shtml#goo

Maybe write the letter again using the above as a guide and post it up again. I could write one for you but it only happened to you so your anger might shine through in the letter!

peterc2609

I'm no sure whether its the supplier or manufacturer.... but when it failed I called the supplier who mentioned that they had had a lot of them failing and would supply me with a totally steel one instead of rubber and steel which seemed to indicate that they knew there was an issue!

terryya

Your complaint is with the supplier not the manufacturer, as it is the supplier who you had a contract with for the part. I wouldn't be surprised though if the supplier tries to point you in the direction of the manufacturer.