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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My Skoda, bought knew in Feb 2012, has a problem with the flywheel

Resolved Question:

My Skoda, bought knew in Feb 2012, has a problem with the flywheel which Skoda are replacing under guarantee. They suggest that, at my cost, (350 pounds)it would make sense to replace parts of the clutch system which may have been damaged by the flywheel problems. They suggest that if I don't do this and the clutch has been damaged I will have to pay for this to be corrected (several more hundred pounds). If the flywheel failure caused damage to the clutch, why should its repair be at my expense?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do these additional parts come under the warranty as well please?

Customer:

No. They are considered to be service items, or at least the clutch face is(eg brake linings) which wear according to use and perhaps poor driving. The car has covered 34K and my last car had covered 95K without the need for new clutch plates so I don't drive poorly. Their point is that damage to the clutch may!! have resulted from the damage to the flywheel and if they don't replace the items now in anticipation, they might find that they were damaged and I would have to pay for the car to be stripped down again. I have to pay hugely in either case. I hope this helps.

Alex Watts : But they can't say whether it has for sure damaged the fly wheel?
Customer:

They say the flywheel is damaged and is being replaced under guarantee. There may or may not be damage to the clutch parts as a result of the faulty flywheel but they cannot confirm this. They suggest that I pay to replace the clutch (parts) now in case there is damage. If not replaced now and they find when the car is put back together that there is damage to the clutch I will have to pay for the clutch parts and to strip down the car for them to be replaced.( 500 pounds). If the clutch has been damaged by a faulty flywheel why should I have to pay?

Alex Watts :

Indeed. Can they not examine the clutch? Would that also be under warranty if its faulty?

Customer:

There was no problem with the clutch ,but they suggest it may have been damaged .

Alex Watts :

Please don't try and rate, I havent given you the answer yet

Alex Watts :

Is the clutch ordinarily covered under warranty?

Customer:

Clutch plates no I don't think so as service items .The main body of the clutch I don't know, but it is a major part of the cars transmission,so I expect It is.

Alex Watts :

Ok - so its £350

Alex Watts :

You need to write and set out your losses and request they do the work or pay the £350 within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

They are selling goods that are not fit for purpose or of suitable quality as per the Sale of Goods Act

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No.Thanks for your help

Alex Watts :

Great. Can I help with anything else today at all?

Customer:

No thanks

Alex Watts :

Ok, if I could invite you to rate my answer before you go today, the button should be at the bottom of the screen.

Alex Watts :

If you need more help please click reply

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