Item doesn't fit - can I claim a compensation?

mmatt

Hello all,

I bought a used steering rack for my car. Before it was posted to me I asked the seller if it will fit - the seller confirmed that it will fit. While my mechanic was trying to fit the rack he was fighting with it until he realised that it doesn't fit. It took him 4h.

I contacted the seller to get some explanations and asked for the possible problem resolution. After a week of e-mails I've decided to return the rack back to the seller because he wasn't keen to cooperate.

My questions are:

Apart from a full refund...
1. Can I request a compensation to cover the mechanic costs which I was charged for: fitting and removing the rack. To add more the car had to stay in the garage for several days becuase it couldn't be moved. My mechanic wants me to pay for the lost space and time.

2. Can I claim a compensation for the lost time and nerves.

What are my rights here. How can I to approach the problem.

hcb42

who did you buy it from? An approved parts dealer or a bloke on ebay?

I would say little chance on 1 although part of it potentially, and certainly nothing for nerves on 2. Why did it take your mechanic four hours to notice?

mmatt

it was a car make specilised breaker so they're official vehicle breakers.

I paid via paypal using my credit card.

The difference between the rack was minor and it only could be spotted when the rack was on the car. If I knew that it might not fit there was a way to check the rack off the car but that would required removing a steering column shaft which adds up to the labour hours.
The problem was a very small length difference of the steering column shaft and the steering rack connector. Both parts could not be connected together properly. There would have to be some grinding to connect them together. I didn't want to risk weakening of the material - especially for steering components.

I was assured that it will fit so my mechanic was not expecting any surprises especially from a specialised breaker.

mattyprice4004

Sounds like a lesson in buying the exact correct part, rather than one that might fit.

Make sure the part numbers are identical, and only if so buy the item.

Refund is all you're going to get for this one.

forgotmyname

One of the pitfalls for supplying your own parts. You should have let the garage source the parts
any problems are down to them not you.

See if on forums where people fit none OEM clutch conversions bought off ebay etc. Problems with
vibration or slipping soon after. Bad news is you need to prove the garage fitted it badly rather than
the parts you supplied are faulty. Either way it could cost you more in the end.

If fitting yourself or a friend for a drink then go ahead, But paying real money its not worth the risk.

System

It sounds as though you only ever asked whether it would fit a '1998 Ford XYZ Mk3' (or similar phrase) where there was probably a slight change depending on production date/chassis number. A vehicle breaker would not have this depth of knowledge but a dealer would have.

I've had similar with a wiper motor of all things. Part no depended on chassis number. Get the wrong one and it would never fit in a month of Sundays and there was probably only a week's difference in production date.

mmatt

So you all are saying that I won't get any compensation?

On "adviceguide.org.uk" there's a "c_goods.pdf" file which states that
I'm entitled to the compensation if:

+ the contract has been broken (breach of contract), for example the goods do not match their description or are not of satisfactory quality ; or
+ you have incurred additional expenses because of the breach of contract, for example, having to make telephone calls or take time off work to wait for repairers who do not turn up

Hintza

Mugwups post covers it. Do you know the VIN numbers that cover suitable parts, to ensure it came off the correct car ? You have stated your position the seller as stated their position your next course of action would be the small caims court but in my view you would probably lose unless you coveredd all bases before purchase.

I spent 6 hours trying to batter a half shaft into a 1978 Fiesta many years ago for exactly te same reason.

mmatt

ok, thanks for all the replies. It looks like I'll let it go.