Burnt clutch - hire vehicle
Comments
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Don't give them penny. Deny liability. Keep copies of all letters/e-mails.
Once you make it clear you don't accept liability their only option is to take you to the small claims court.
This involves more staff time and money (lawyer) for them which they can't claim back. So they may not take it any further.
If they do find a local engineer who can give a written report on the likelihood you damaged the clutch in a few miles.
There are three possible outcomes.
1. They realise you are not roling over and give up.
2. It goes to court (your local court) ande you win.
3 Goes to court you lose. Worst case scenario you pay for the clutch (plus perhaps a few quid in their fees) so are no worse off.
By the way have you asked another garage for a quote to assess if the price they are giving is a reasonable price. If it is expensive then that's another thing to dispute at court.
If it was me I'd be going to court on principle. I've been driving 40 years and never burnt a clutch out in less than many thousands of miles.
But it's your choice. If you fight them you need to be prepared to go to court.0 -
It does show the thickness of the plate. You can see there's plenty of meat on it when you look at the holes where the rivets sit and the fact there are still quite deep grooves in the friction material. When its worn to the point of slipping then those grooves no longer exist and the face of the rivet is usually flush with the surface of the friction material. .
Pretty much what I said0 -
This was the invoice sent to me from GM for the clutch,
http://www.filehosting.org/file/details/727957/Repair%20-%20clutchm.pdf
Have been advised to ask for a copy of the itemised invoice from the Garage to GM. I'm also planning to request for the rental history of that vehicle, just so it will help understand its wear and tear.0 -
The legal issue is that even if GM have suffered a loss, they are still obliged to minimise their losses. As the charges seem at odds with the actual reasonable cost of their repair, you cannot be held liable for their profligacy (or fraudulent misrepresentation) in getting the car repaired.This was the invoice sent to me from GM for the clutch,
http://www.filehosting.org/file/details/727957/Repair%20-%20clutchm.pdf
Have been advised to ask for a copy of the itemised invoice from the Garage to GM. I'm also planning to request for the rental history of that vehicle, just so it will help understand its wear and tear.0 -
Hello All
Today I received an email from GM, asking about the payment for the Clutch. I responded by requesting for the Windscreen details first, the email trail below, their mail in red and my responses in blue
"Further to our earlier email we are yet to receive a response from you. We now require payment immediately for the clutch replacement.
"Please can I have the details of the windscreen damage before we talk about Clutch issue.
I would like a copy of the following
1. The internal investigation report that I was promised by GM
2. The repair details of the windscreen
3. The Invoice that was sent to GM by the Garage for the windscreen replacement
Once the above is clarified we will discuss the Clutch issue."
"Thank you for your email. I have just spoken to my colleague Sian and she has confirmed that all the below documents have been sent to you by her. To confirm these are 2 separate issues and the matter regarding the clutch is long outstanding.
We require payment for this matter before it is passed for legal proceedings."
"I have not received any of the requested documents listed below from anyone in GM. In fact if you looked at the email trail below, it should be fairly self explanatory.
I really don't have the need to lie, plus if the said documents are already there, what is the difficulty in resending them to me now. Perhaps it was sent to the wrong address by accident. Kindly send it again.
Thanks for your understanding..."
And then after all the above exchange, the concerned person sends me an invoice (will upload once I have the file host link) for the windscreen attached to her email shown below.
"Attached is a copy for a copy of the windscreen invoice. I can confirm that the windscreen damage, has been looked into and we believe that these charges have been processed correctly."
All they could say about investigation is that they have processed the charges correctly !!!
The invoice in my opinion looks so fake and probably was only made today...0 -
Perhaps a "call my bluff" reply to the effect of: "I do not understand why it is so difficult for your company to provide reasonable proof of your costs and that you have taken reasonable steps to minimise your alleged losses. I have no intention of paying anything without proof that the damage was not present before hire and that any charges are reasonable and reflect that you have sought to minimise any loses incurred, and that the amount you are claiming is a true reflection of your costs incurred. You will of course be required to produce this information if you seek to progress a legal claim, so you must already have this on record."Hello All
Today I received an email from GM, asking about the payment for the Clutch. I responded by requesting for the Windscreen details first, the email trail below, their mail in red and my responses in blue
"Further to our earlier email we are yet to receive a response from you. We now require payment immediately for the clutch replacement.
"Please can I have the details of the windscreen damage before we talk about Clutch issue.
I would like a copy of the following
1. The internal investigation report that I was promised by GM
2. The repair details of the windscreen
3. The Invoice that was sent to GM by the Garage for the windscreen replacement
Once the above is clarified we will discuss the Clutch issue."
"Thank you for your email. I have just spoken to my colleague Sian and she has confirmed that all the below documents have been sent to you by her. To confirm these are 2 separate issues and the matter regarding the clutch is long outstanding.
We require payment for this matter before it is passed for legal proceedings."
"I have not received any of the requested documents listed below from anyone in GM. In fact if you looked at the email trail below, it should be fairly self explanatory.
I really don't have the need to lie, plus if the said documents are already there, what is the difficulty in resending them to me now. Perhaps it was sent to the wrong address by accident. Kindly send it again.
Thanks for your understanding..."
And then after all the above exchange, the concerned person sends me an invoice (will upload once I have the file host link) for the windscreen attached to her email shown below.
"Attached is a copy for a copy of the windscreen invoice. I can confirm that the windscreen damage, has been looked into and we believe that these charges have been processed correctly."
All they could say about investigation is that they have processed the charges correctly !!!
The invoice in my opinion looks so fake and probably was only made today...0 -
IanMSpencer wrote: »Perhaps a "call my bluff" reply to the effect of: "I do not understand why it is so difficult for your company to provide reasonable proof of your costs and that you have taken reasonable steps to minimise your alleged losses. I have no intention of paying anything without proof that the damage was not present before hire and that any charges are reasonable and reflect that you have sought to minimise any loses incurred, and that the amount you are claiming is a true reflection of your costs incurred. You will of course be required to produce this information if you seek to progress a legal claim, so you must already have this on record."
Thanks IanMSpencer. that dose make sense.
Here is the link for the invoice..
http://www.filehosting.org/file/details/728777/WR17XKX.jpg0 -
If go even shorter on my response.
Thank you for your email.
I do not believe the damage was caused by my negligence and you have failed to demonstrate otherwise. Your evidence is inconsistent with your statement. As such I am not liable. If you disagree with this decision, please visit moneyclaim.gov.uk0 -
If go even shorter on my response.
Thank you for your email.
I do not believe the damage was caused by my negligence and you have failed to demonstrate otherwise. Your evidence is inconsistent with your statement. As such I am not liable. If you disagree with this decision, please visit moneyclaim.gov.uk
Should I put it in such a way that both the windscreen damage and the clutch are not my fault. Although they have already charged me for the windscreen damage:(0 -
Absolutely. Let them take it to court, it would be very interesting to look at their faces as a judge gives them a right dressing down. Don't forget to counter-claim for your expenses in resolving all of this.0
This discussion has been closed.
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