Shop wants me to pay for their mistake
#1
Newbie
Thread Starter
Shop wants me to pay for their mistake
I'm having an Exedy twin clutch installed by a person/shop whom I specifically chose based on his familiarity with Evos. By his request I supplied the clutch (which I purchased new from a forum sponsor). I arrive to pick up my car just as he's finishing topping off the fluids. He lowers the car from the lift, cranks the car and tries to put it in gear with no luck. With the clutch pressed it won't go into gear.. any gear. We try adjusting the clutch pedal and bleeding fluid to no avail. No matter what the clutch won't fully disengage.
He decides to pull the transmission to see what's going on and I get a call later saying that he found the problem. He informs me that the clutch disc closest to the flywheel is warped. What?! Then gives me two options, I can purchase a new replacement disc or a purchase a used disc that he has. My car hasn't even made it off the lift and I need to cover the costs to repair my $1300 clutch?
After numerous emails with Exedy tech support, including photos of the damaged disc, Exedy said without a doubt the damage came from improper alignment of the clutch during installation and the input shaft being forced in by drawing the transmission in by the bellhousing bolts. The mechanic completely denies it and refuses to cover the damage.
Not really sure where to go from here but it's a loosing situation it seems. What's there to do, swallow my pride and fork out another $250 for a disc? Refuse to pay then what happens? Pay then take it to small claims court? Sorry for the long post. Anyone been in a similar situation? Input or suggestions is appreciated.
He decides to pull the transmission to see what's going on and I get a call later saying that he found the problem. He informs me that the clutch disc closest to the flywheel is warped. What?! Then gives me two options, I can purchase a new replacement disc or a purchase a used disc that he has. My car hasn't even made it off the lift and I need to cover the costs to repair my $1300 clutch?
After numerous emails with Exedy tech support, including photos of the damaged disc, Exedy said without a doubt the damage came from improper alignment of the clutch during installation and the input shaft being forced in by drawing the transmission in by the bellhousing bolts. The mechanic completely denies it and refuses to cover the damage.
Not really sure where to go from here but it's a loosing situation it seems. What's there to do, swallow my pride and fork out another $250 for a disc? Refuse to pay then what happens? Pay then take it to small claims court? Sorry for the long post. Anyone been in a similar situation? Input or suggestions is appreciated.
#2
Evolving Member
iTrader: (1)
Print all receipts and conversations with the shop as well as Exedy.
Have you shown the shop your conversations with Exedy?
If it was over the phone, contact the person you spoke with at Exedy and tell them to put in writing/email the issues they have discussed with you, then show the shop.
I wouldn't personally want to deal with small claims over $250, but I would consider refusing to let the shop touch the car again. Find a trailer, and take it to another shop. At this point, just find any reputable tuning shop (one that works on JDM vehicles if possible), tell them what you need and want done and your situation and see if they can help you out.
Have you shown the shop your conversations with Exedy?
If it was over the phone, contact the person you spoke with at Exedy and tell them to put in writing/email the issues they have discussed with you, then show the shop.
I wouldn't personally want to deal with small claims over $250, but I would consider refusing to let the shop touch the car again. Find a trailer, and take it to another shop. At this point, just find any reputable tuning shop (one that works on JDM vehicles if possible), tell them what you need and want done and your situation and see if they can help you out.
Last edited by cts4g63; Apr 11, 2016 at 10:12 AM.
#4
Newbie
Thread Starter
Most of the contact with the shop is through phone calls. However, everything is documented in email with exedy.
Without a doubt my car will never go back there. I was going to dispute if he tries to charge for the new disc. Interesting that both of you suggest to get it now that it's apart, I haven't considered that.
Without a doubt my car will never go back there. I was going to dispute if he tries to charge for the new disc. Interesting that both of you suggest to get it now that it's apart, I haven't considered that.
Last edited by nickelndime; Apr 12, 2016 at 01:55 PM.
#5
Evolving Member
iTrader: (1)
Yes, I would show them the email between Exedy and yourself and see what the shop says. If they still refuse to fix it, then I would show up with a truck and trailer and load it up and get it the hell out of there, tranny in it or not.
Do you have an invoice for the work done (before they pulled the tranny out?) If so, refuse to pay any amount above that. It doesn't matter if it took them 4 hours to pull the tranny, the car hasn't worked since it has been in their hands.
Unfortunately, I do think you will have to pay for the initial clutch install. Depending on how much it costs, small claims may be worth it.
Do you have an invoice for the work done (before they pulled the tranny out?) If so, refuse to pay any amount above that. It doesn't matter if it took them 4 hours to pull the tranny, the car hasn't worked since it has been in their hands.
Unfortunately, I do think you will have to pay for the initial clutch install. Depending on how much it costs, small claims may be worth it.
#7
EvoM Community Team Leader
Yah sounds like the mechanic isn't being truthful. If the disk was warped, he should not have installed it. Especially a disk that is so visually damaged that from mere pictures the OEM could tell exactly what happened. Presented with that, the mechanic should know he will get slaughtered in small claims court. If it where me, I would offer to settle on the cost of a replacement disk, and obviously not pay for any labor etc.. before taking him to court. You will have to eat the towing costs to get it to your next shop, but thats not too bad. If the new shop finds any more damage though you would want him on the hook for that so don't sign away liability or anything until everything is done. Good luck with what ever you choose to do.
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#9
Evolved Member
If your plan was to now agree on them fixing it then not paying for it you may find yourself in court with a claim against you so be careful, IF it was me I would do as they said above, I would make sure all conversations are recorded in a diary, print out all emails and get the whole story together so the facts can be run through easily and without question. When you get the damaged plate out keep it as an exhibit show it to the seller like a photo clearly showing damage, you could even be there when new shop pulls it and video, they might say see there you can see where shaft didn't go in straight and screwed your plate etc record everything as an exhibit. Take notes of all repair costs and down time without car etc any costs you occured because it had to go in a second time etc, also if it was me I'd get a new replacement not second hand, I'd also have a conversation with a lawyer or legal help line and explain my strategy to get advice, I'd probably inform the old shop that you know your rights and if they wanted to pay for a new plate and repairs at your shop they are welcome too, this way I've everything in my power to do the right thing, then when it's back on the road, i would book a small claims visit and run through all costs incurred and all evidence exihibits then I would hit them up for costs in material and effort incurred to me, it has to be like a no brainer to the judge that I am a victim, if I got awarded cost of material only then I would take that as a win
#14
Evolving Member
iTrader: (1)
Your receipt from Exedy will prove it didn't.
The fact that he installed a "broken part" and stands behind his work should be enough for this man to never touch another vehicle in his life.
Did you drive the car to the shop or have it towed in?
#15
Newbie
Thread Starter
Exedy said the same, if it was damaged like that then he should notice it when he installed it. I asked him that Friday when this all came about and here's his response: