Sticking clutch pedal section 75

sheramber

Are you saying a new clutch has been fitted but the garage now say  a new spring is needed .

You now think that replacing the clutch was not necessary as it the spring that was faulty.

Okell

Okell said:

smithers1981 said:

I’ve a MK 7 fiesta ST clutch pedal been sticking to floor failing to return for over a year.

Took to garage told needed new clutch and flywheel went ahead at cost of £1580... 

... Hour later garage rang me to say technician advised clutch pedal return spring faulty and likely needed replacing.

To my untrained eyes this seems to be original problem I took car in for so I’ve paid £1580 on unnecessary work...

... What did the garage say when you asked them why - if they were diagnosing a faulty return spring - did they advise you that you needed a new clutch and flywheel?

Did you not ask them to confirm the problem before doing any work?...

@smithers1981 -  so what did they say?  Or have you not asked them?

Grey_Critic

What year is the car and how many miles.?

smithers1981

Update told if pedal sticking due to new clutch they will sort under warranty, have told them sticking pedal was reason car went in they have confirmed the spring a common problem so I’ve asked why they changed clutch no response yet going to call tomorrow.

smithers1981

Initial phonecall I have a problem with clutch the pedal keeps sticking to floor.

They looked at it received phonecall saying I need a new clutch and possibly fly wheel worst case scenario cost £1580 agreed as problem really annoying just wanted it sorting.

receive another phonecall fly wheel 90% worn so recommend replacing as don’t want to charge labour twice.

Again I agreed in good faith.

work done I collect car notice pedal down not sure my thinking maybe this is a new clutch thing flicked it up drove home clutch felt lighter.

Hour later received phonecall saying return spring faulty I said that’s why I booked car in told to drive and if pedal sticks get in touch.

At this point I’m thinking rogue traders.

Email complaint receive reply if it’s part they fitted causing problem they will sort under warranty and that spring is a common problem and to ‘google it’

obviously not part they fitted I’ve told them it is the problem I booked car in with originally and if common problem why was clutch changed?

No reply will speak to them tomorrow not holding out much hope.

Car is 2017 fiesta st MK7 with 47000 miles.

If no joy is section 75 worth pursuing? 

eddddy

Going back to the question of "Section 75".

Section 75 makes the credit card company liable for 'breach of contract' or 'misrepresentation'.

So I guess you'd allege 'misrepresentation'. i.e. You agreed to have the clutch and flywheel replaced, because the garage misled you into thinking they needed replacing, when they didn't.

You would need to prove the above 'on the balance of probabilities'.

Credit card companies aren't experts on car mechanics, clutches, etc - so they'll probably want a report from a mechanical expert that supports what you say. But talk to the credit card company before arranging it.


The credit card company might prefer to do a 'chargeback' instead of a section 75 claim. That would mean they take the money back from the garage, and refund you.

But then the garage might chase you to get the money back again, and perhaps take you to court - where you would have to argue your case.

paul_c123

You would need the old parts and an independent report to prove they misled you. And the independent report would probably conclude that its not possible to rule out faulty/worn out flywheel and clutch from the initial symptoms presented.

Without the old parts you'll get nowhere. 

born_again

eddddy said:

Going back to the question of "Section 75".

Section 75 makes the credit card company liable for 'breach of contract' or 'misrepresentation'.

So I guess you'd allege 'misrepresentation'. i.e. You agreed to have the clutch and flywheel replaced, because the garage misled you into thinking they needed replacing, when they didn't.

You would need to prove the above 'on the balance of probabilities'.

Credit card companies aren't experts on car mechanics, clutches, etc - so they'll probably want a report from a mechanical expert that supports what you say. But talk to the credit card company before arranging it.


The credit card company might prefer to do a 'chargeback' instead of a section 75 claim. That would mean they take the money back from the garage, and refund you.

But then the garage might chase you to get the money back again, and perhaps take you to court - where you would have to argue your case.

Would be no chargeback right in this case. As nothing is faulty, spring is just wear & tear. 
TBH, would not see a S75 getting anywhere. 

smithers1981

I’ve filed a charge back as paid for sticking clutch pedal which hasn’t been fixed I’ll keep updated how things go I’ve nothing to lose.

Bank wouldn’t do a section 75 without charge back first.

Not sure why I need old parts car still faulty with new parts.

Grey_Critic

smithers1981 said:

I’ve filed a charge back as paid for sticking clutch pedal which hasn’t been fixed I’ll keep updated how things go I’ve nothing to lose.

Bank wouldn’t do a section 75 without charge back first.

Not sure why I need old parts car still faulty with new parts.

Ignore the fact you are the claimant in this case - Put yourself in their shoes .

Would you accept the claim without actually seeing the displaced parts? 

In an earlier post I pointed out that when a repair is carried out then the parts removed are your property (if you want them) and you could have taken them away if you wished. 

We used to put them in the boot whilst siting an old 45 gallon drum for you to dump them in if you did not want the, of course people complained they got their hands dirty.

You asked for investigation of clutch fault and approved replacement - If the clutch spring did not indicate it was faulty at that time then logically the clutch itself was worn/faulty