Main dealer fitted incorrect rear diff - advice much appreciated

[hawkeyeguy]

Hi all,

I'm a newbie here so I apologise if this isn't what you would usually expect on this part of the forum but I'm having some serious problems with a main dealer and would greatly appreciate any advice that anyone could offer.

 

Earlier this year I had a problem with my '07 WRX which following a diagnosis was traced by a main dealer to being a failed pinion gear on the rear diff.
Due to the cost of a new diff being nearly the value of the car, they tried to source a 2nd hand part, which after over a week were unable to find. I offered to try and look around to try and speed things up, so they told me I need a diff of ratio 1/4.44. Quite quickly I sourced the part which they then fitted and after over 2 weeks I got my car back.

The following week I was driving on the motorway at about 70mph and quite suddenly I felt severe vibration through the steering wheel, heard a thumping noise and the car swerved uncontrollably. Luckily the middle lane was empty at the time so I avoided an accident and managed to get onto the hard shoulder.
After I had the car recovered it was then inspected by an independent specialist who suggested the symptoms sound like gearbox wind-up. Following some research I discovered that the diff I had been instructed to purchase and which had been fitted by the main dealer was in-fact incorrect and should have been 1/4.11.

Due to a complete lack of confidence in them and due to their extremely defensive attitude when I explained what had happened I decided to get the problem rectified elsewhere at my own expense. They have since tried to pursue me for £560 for the original labour, which is not only nearly double the quotes I have received from other main dealers for the same work but also it appears quite unfair to be charging for labour when the car left their workshop in what I believe to be a fundamentally unsafe condition.

 

Due to the ongoing dispute I have made it clear through solicitors letters that I am unwilling to pay for the labour charges, however I have just received a court summons for the amount due.

 

What I am struggling with is a credible source or testimonial that the symptoms which I experienced are highly likely to have been caused by having that rear diff fitted to that car and similarly something that can also testify that this is without doubt a dangerous state for a car to leave a workshop.

 

Despite being put through what was an extremely scary and dangerous experience, a huge inconvenience, months of threatening correspondences and incurring great expense, I am the one being taken to court. If anyone is able to offer some advice, particularly regarding the above paragraph I would be massively grateful!

 

Many thanks in advance

[Jay762]

They will unfortuately take a defensive stance to avoid any addmitance of guilt, do you have any evidence that their own specialist advised which part to get -if so that puts you in a very strong position.

 

It sounds like they are taking you to court for non payment of bill for work carried out, which they did complete - what this means is whilst it is perfectly true the work was completed which would put you in the wrong.

 

That doesnt mean you are completely left out because what you can do is start a court case of your own effectively sueing them for the cost based upon the reasons you have cited - I know someone who had to do this with a large firm of builders - who also masqueraded on the set of Rawhide

[Miggs]

i would advise the same as Jay said, let them take you to court, or pay the bill to avoid court, and then take them to court for leaving the car on an unsafe state, i'm not sure all the legal ins and outs of it all but i'm sure your solicitor would have advised this?

 

i know there is a site called pepipoo that i have used for motoring cases that have gone to court but not sure if they deal with anything car related as mine was just for a parking ticket and i know they do speeding tickets, there are specialist solicitors on there for these types of cases so they may know how to help you, worth a shot, and that's a free forum too

[Gambit]

3rd Jays comment if they told you via phone what diff to get and it's not recorded I would say they will win. and you will have to pay up. But if you have it anywhere written down by them that it was that Diff they told you to get, or even on a receipt issued by them for fitting it i believe that would stand as evidence that it was in fact them that told you to get the wrong part. If you don't I think you will have a 20% chance of winning myself, I think they will play the you got the wrong part and it's not the one they told you to get :(

[hawkeyeguy]

Thank you for all the comments, that's really useful. For your information, I have it in writing that they have admitted to instructing me to purchase and to fitting the 1/4.44 diff. They justified this because they claim this is what they removed from the car, however this cannot have been the case as not only is it just simply the wrong one but had this been fitted when I gave it to them then I would have surely had a similar problem (gearbox wind-up) in the 2000 miles I had driven the car since owning it? Also I would have thought that even if this is the part they took off the car then surely as a main dealer it is their responsibly to ensure the correct part is fitted by checking the part number or whatever process they should go through and by whatever means ensure the car leaves in a safe condition?

I suspect that due to the proof in writing that I might have quite a strong case, however it would be stronger if I could get hold of something credible that clarifies my symptoms are highly likely as a result of the part they have fitted and that this is indeed officially considered dangerous.

Ironically I'm in the unfortunate position that I didn't actually crash so am unable to claim damages or injury, so my argument in court has to be strengthened in other ways.

Thanks again for your thoughts I will pursue those recommendations so far, any other suggestions still very welcome indeed!

[Miggs]

You do seem to have a very strong case if it's in writing, contact another dealership (subaru) and tell them you have had this difficult fitted by a back street garage and now it's gone wrong they are saying they replaced like for like, as a dealership can they confirm that this is indeed the wrong part so you can prove it was their fault, it's highly unlikely a garage near you will be taking to a garage at the other end of the country, failing that contact subaru in Japan, if all this is done by email they can tell you to find a local dealers

There is also cotcomp over this way that are a genuine parts dealers for subaru bits as well as working on them and mapping them and stuff so they will likely know the ins and outs of what's what, fire them a mail or call them and see if they would be willing to put something in writing

[Miggs]

Has anybody suggested contacting the ombudsman for all this?

[Gambit]

As Miggs said I think you have a strong case you just need to prove that the part is now the wrong one. I think once you have done that you could even tell the garage that it's all there in black and white you might find they will back out from the claim. As the courts might rule in favour of you then it really is game on and you have the ball.