Kwik Fit :- Where do i stand?

Chiv30

Hi all, First post so be gentle with me

First off let me say i do a fair bit of mileage in a year due to visiting family in the midlands.

I had a driveshaft fitted by Kwik Fit less than a 12 month ago, and as i was driving home from the family visit before Christmas i noticed that i had a rumble coming from the side they had "repaired" , Anyway long story short i phoned them when i got home and arranged to take it in to be looked at on the 2nd of jan.

The day came and less than 3 mile from my home the driveshaft they had fitted literally fell out the gearbox and in doing so put a hole in the gearbox.

Got RAC to take me to Kwik Fit where after inspection and seeing the gearbox damage they told me my warranty was invalid due to having done 30K miles in 12 months.

Now my question is this, Under the supply of goods and services act 1982 is it reasonable to assume that they should repair this damage without charge to myself due to the below?

A) Everyone agreed that the bolts had come undone and fallen out
I have an original driveshaft on the other side of the car fitted by the manufacturer when it rolled off the production line in 1998 that has done 143K miles and is showing no signs of coming loose

If they tell me its out of warranty due to the mileage then it seems as though they are suggesting i should change my driveshafts every year :eek:

Also i dont believe the part has lasted a reasonable length of time in comparison with the other side.

All help and feedback would be appreciated

scheming_gypsy

you could possibly have to prove that the fault was inherent due to the length of time it took to occur. As Kwik Fit have said, it's lasted 30,000 miles and 12 months so it could be deemed that it has nothing to do with the fitting.

(note, I said could and possibly)

Hintza

Chiv30 wrote: »

A) Everyone agreed that the bolts had come undone and fallen out

You will probably have to prove negligence so you will need to get the car inspected to concur with with the above assesment. Try not to pressure the folk assesing the damage to give you the answer you want to hear, you want their honest opinion.

Assuming that they agree, then contact Kwik Fit and ask them to fix it. If they still won't you will probably have to have it repaired yorself and sue them (I imagine you need the car). The question then is will you win?

Check their T&C's re the 30,000 miles limit to check if that is worth pursuing (I imagine they are correct though).

bod1467

It really depends on what their T&Cs say (as Hintza says). Do they offer a X month / YY miles warranty on all parts and repairs? Or is it X months only?

visidigi

kwik-fit.com wrote:

Service Components and any other Mechanical Parts
Any service components are guaranteed for 12 months or 12,000 miles, whichever occurs first.

http://www.kwik-fit.com/assets/pdf/www_kwik-fit_com_terms_and_conditions_c_1_0.pdf

The branch was right...

Hintza

visidigi wrote: »

The branch was right...

So it comes down to a negligence claim and after 30k miles I would be concerned about throwing good money after bad.

Chiv30

Appreciate the feedback but i am claiming under the supply of goods and services act 1982 where it states

"That the supplier will carry out the service with reasonable care and skill"

I dont believe that a driveshaft should have its bolts fall out within 12 months no matter the mileage on the car as i mentioned i have the original driveshaft on the other side of the car which has lasted 143K miles or in other terms 13 years and this is still going strong.

Any mechanics on here with an opinion on that ?

Thanks


I

scheming_gypsy

After 30,000 miles and 12 months.. would the onus not be on you to prove it was negligent and that the bolts hadn't been removed (by somebody, somehow) after the work was carried out?

Chiv30

We are not in disagreement that the bolts have fallen out due to coming loose both the Kwik Fit manager and area manager have said verbally that this is the case , their argument is solely about it being outside warranty due to the mileage not the time frame.
Also the RAC mechanic upon inspection of the vehicle when he came to tow me to the garage said that the bolts had come loose not sheared and this had caused the gearbox damage.

Also Kwik fit have offered to supply and repair the drive shaft as a gesture of goodwill , but this becomes irrelevent due to the gearbox damage and i believe this is why they are saying about the warranty.

Would you as a customer expect to change a driveshaft on a vehicle after 12 months?
I think this is covered by the following part of the above mentioned consumer law
"Part must be of satisfactory quality – last for the time you would expect it to and be free of any defects"

Again thanks for all the feedback , and i do appreciate everyones input

mattyprice4004

Do you not think mentioning the make and model of car would be useful?

Just that some of us are mechanics, and would be able to comment on the type of system the car uses to retain the driveshaft.

Chiv30

mattyprice4004 wrote: »

Do you not think mentioning the make and model of car would be useful?

Just that some of us are mechanics, and would be able to comment on the type of system the car uses to retain the driveshaft.

Apologies
Its a 1998 MK4 VW Golf GTI (1.8T)
i believe the retaining system is 6 bolts? screwed to the flange on the gearbox casing I should add that none of the bolts are sheared and there is no damage to any of the holes on either the driveshaft or the gearbox casing that the bolts go through and into ( i assume there would be elongation of the the holes if there was undue pressure etc applied to the bolts)

again thanks for the help and input