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One for the mechanically and legally minded

M

mzmini

Barcelona
Joined
30 Jan 2015
Messages
1,432
Hi all I have a question for those who are good mechanically and legally minded

My daughter's Boxster was fitted with a new clutch and flywheel by a non Porsche garage (by previous owner), its done under 3k miles in 7 months and gone. We had the car recovered to Ken at 9E who when he got the car on the ramp found the 6 drive shaft bolts missing and it's cracked the sub-frame costing 3k

Ken said its impossible for the bolts to undo themselves IF FITTED CORRECTLY, only by them being over /under tightened will allow this to happen.

I spoke with my indie SCS Honiton who say new bolts only should be fitted, Ken said new bolts and Precision Porsche and they agree that correctly fitted bolts will not come undone. We then spoke with the garage who fitted the clutch and they are just walking away even though the clutch and flywheel and fitting are under warranty.

CAB say that if any work done by the garage leads to a subsequent consequential loss or damage then that garage are liable for the cost of the remedial work, shock horror the garage say not what do you think please?

:judge:
 
A good written report from someone independent confirming that would easily see you onto a winner in court I think. Porsche would confirm also what Ken already has. Give them the chance to repair it all and if not away you go once you have your receipt for the work done.
 
Clearly not been done correctly.

The driveshaft bolts are not specified as stretch bolts - are you referring to the one's that hold the flywheel on?
 
Your Insurance policy may well provide legal cover and their solicitor will give you direct advice on the way to proceed to the small claims court.

Don't let the original repairer get away with this shoddy workmanship. Only communicate with them via your solicitor.

This is a black and white case and the original repairer is calling your bluff. Serve the papers and he will know you mean business. I would not afford them the chance to carry out the repairs since they made such a mess of the original job. Contract law does not oblige you to give them a chance to repair for a second time.

Make a note of every minute you spend in getting this sorted. The court will assess this in the damages awarded.

You must know that you have 'right' on your side and there is an obligation on you to recover your loss to protect every other motorist!

Just do it.

Cheers, Keith.
 
Hi Chris in the UK I am referring to the ring of 6 bolts that connects the driveshaft to the gearbox hope this make sense
cheers
MZ
 
mzmini said:
Hi Chris in the UK I am referring to the ring of 6 bolts that connects the driveshaft to the gearbox hope this make sense
cheers
MZ
Click to expand...

It does :thumbs:

Porsche recommend changing them when driveshafts are pulled - I didn't but mine were torqued up properly and I have not had any issues.
 
Get a good independent report then take it to small claims court if they do not play ball, dead easy to do, I did this with VAG UK, they bottled it and paid out as if presedent was set at small claims the floodgates would have opened, and they knew right f m the off I was right 8) 8)
 
jkeith said:
Your Insurance policy may well provide legal cover and their solicitor will give you direct advice on the way to proceed to the small claims court.

Don't let the original repairer get away with this shoddy workmanship. Only communicate with them via your solicitor.

This is a black and white case and the original repairer is calling your bluff. Serve the papers and he will know you mean business. I would not afford them the chance to carry out the repairs since they made such a mess of the original job. Contract law does not oblige you to give them a chance to repair for a second time.

Make a note of every minute you spend in getting this sorted. The court will assess this in the damages awarded.

You must know that you have 'right' on your side and there is an obligation on you to recover your loss to protect every other motorist!

Just do it.

Cheers, Keith.
Click to expand...

+1

I've a different but not totally unrelated problem at the moment. I bought a part (not a site sponsor) which failed immediately. This led to cost to rectify the subsequent fault and the part itself. They're denying responsibility, being aggressive and claim the past must have been damaged. I've launched an action in small clams etc. The money isn't important for me. It's the principle. Suppliers or service providers shouldn't get away from their liabilities.

Your case seems fairly straightforward and I suspect the proper legal guidance will reward you. It's wrong that you have to enforce what are your legal rights but that's the system we have :dont know:

Good luck :thumbs:
 
Thanks all for the usual level of help and support that's the norm for the best Porsche forum around
cheers guys
:worship:
 
Worth a try however as it was previous owner that contracted the work think you will not have a case. You did not have a contract with the supplier so would be difficult to enforce. Best bet would be to approach garage with evidence to see if he would contribute towards repairs otherwise get it repaired correctly and stand cost yourself
Good luck
 
Please dont get me wrong and its not my intention to pi8s on your fire but i strongly advise a 30 minute meet with a pro lawyer , who is an expert in cases such as yours.

Should only cost £120 ish ??

The law can be an ass sometimes and you dont want to go to the small claims court and the judge turns round and says "it should be the previous owner stood here, not you !" :dont know:

and " you/ your daughter paid previous owner for a boxster- the previous owner paid garage for shoddy repairs "

maybe start tracking down the previous owner, just in case you may need them

All i do know is contract law can be complex, so go see a lawyer. Good luck and i hope you do win your case, £3k is a lot of money.
 
grbspeedster said:
Worth a try however as it was previous owner that contracted the work think you will not have a case. You did not have a contract with the supplier so would be difficult to enforce. Best bet would be to approach garage with evidence to see if he would contribute towards repairs otherwise get it repaired correctly and stand cost yourself
Good luck
Click to expand...

You took the words right out of my mouth. The only comeback you would have if if you bought if from a dealer. Sale of goods 79 etc
 
^^^^^^ Might make sense as wont this be a 'contract' between the garage and the owner at the time who instructed the work :?:
 
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