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Who's at fault?

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33eye33

Junior Member
i recently took my car in to replace a failing clutch.

I stated on the worksheet:

Clutch was not actuating properly. Something sheared off in bell housing, now shifting fine but is leaking.

I called several times during the two weeks they had it, inquiring about the leak as this seemed like an important issue, but couldn't get any answers.

I called one last time and they said the car was ready. They never called me once. I asked if the leak was found and they said it was a bad fork causing the leak.

After having the car for all of 1 day, I noticed it was leaking terribly and the dry clutch was now slipping and saturated.

I took it back and informed them of the issue after the weekend.

They took the tranny out again and found a 1/2" by 2mm hole where a shard had punctured the bell housing.

They sealed it with jb weld and put it back together.

I am now being charged $500 extra for that labor. In my opinion they should have located the leak the first time around.

I do not want to pay and they're threatening to hold my car
 


Zigner

Senior Member, Non-Attorney
i recently took my car in to replace a failing clutch.

I stated on the worksheet:

Clutch was not actuating properly. Something sheared off in bell housing, now shifting fine but is leaking.

I called several times during the two weeks they had it, inquiring about the leak as this seemed like an important issue, but couldn't get any answers.

I called one last time and they said the car was ready. They never called me once. I asked if the leak was found and they said it was a bad fork causing the leak.

After having the car for all of 1 day, I noticed it was leaking terribly and the dry clutch was now slipping and saturated.

I took it back and informed them of the issue after the weekend.

They took the tranny out again and found a 1/2" by 2mm hole where a shard had punctured the bell housing.

They sealed it with jb weld and put it back together.

I am now being charged $500 extra for that labor. In my opinion they should have located the leak the first time around.

I do not want to pay and they're threatening to hold my car
What US state?
You would have had to pay either then or now...
 

justalayman

Senior Member
What US state?
You would have had to pay either then or now...
Op had to pay for the trans to be pulled a third time (original repair, first “come back”’repair for the leak where presumably a fork was replaced and then the third “come back” repair where the actual leak was repaired) but If they had “repaired” it when they pulled the trans to repair the bent fork, they wouldn’t have had to pull it for the third time.


Personally I question the quaility of the “repair” as well.
 

Zigner

Senior Member, Non-Attorney
Op had to pay for the trans to be pulled a third time (original repair, first “come back”’repair for the leak where presumably a fork was replaced and then the third “come back” repair where the actual leak was repaired) but If they had “repaired” it when they pulled the trans to repair the bent fork, they wouldn’t have had to pull it for the third time.


Personally I question the quaility of the “repair” as well.
We don't know that the OP had to pay additional labor for pulling it.
 

justalayman

Senior Member
Oy vey! You're right - but, to be honest, why would anyone want to ride around with a transmission plugged up with JB weld in the first place???
That’s why I put repair in quotation marks. I sure wouldnt be comfortable with the repair.
 

HRZ

Senior Member
Unless the dry clutch plates remained free from oil....they too are running on borrowed time ?
 

Ohiogal

Queen Bee
Op had to pay for the trans to be pulled a third time (original repair, first “come back”’repair for the leak where presumably a fork was replaced and then the third “come back” repair where the actual leak was repaired) but If they had “repaired” it when they pulled the trans to repair the bent fork, they wouldn’t have had to pull it for the third time.


Personally I question the quaility of the “repair” as well.
I don't see a "third time" ... Maybe a second but not a third. Please explain where you got three.
 

justalayman

Senior Member
I don't see a "third time" ... Maybe a second but not a third. Please explain where you got three.
You are absolutely correct. Thanks

It doesn’t change things though. He actually brought it in for a leak initially. Presumably they replaced the clutch (and hopefully pressure plate as throwout bearing along with the mentioned bent clutch fork and resurfaced the flywheel). They didn’t find the source of the leak but attributed it to the bent clutch fork.

Having worked on clutches myself, I’m at s loss as to how a bent fork would cause a leak. Just not seeing it as possible. I would hope they replaced the front seal on the transmission though as the only thing I can think of that might have been the possible source of the leak described would be a leaking from seal (other than the actual source of the leak the mechanic missed).

So, due to the mechanics error they didn’t actually fix what the car was brought in for. Color that however you want but (and presuming there was a warranty on their work), their “repair” failed. Obviously in truth they failed to repair the leak which caused the new clutch to need to be replaced and a lot of “brake clean” used to remove the transmission oil that should all be covered under warranty.

I don’t see how in good conscience and with a straight face suggest the op owes them anything.

I don’t know what state this is in but many states have specific departments in their state offices to deal with auto repair issues. Op should check into the possibility of filing a complaint with such a department. If op cannot find support through the state quickly they should pay for the repair and probably sue the garage for the $500.
 

Ohiogal

Queen Bee
You are absolutely correct. Thanks

It doesn’t change things though. He actually brought it in for a leak initially. Presumably they replaced the clutch (and hopefully pressure plate as throwout bearing along with the mentioned bent clutch fork and resurfaced the flywheel). They didn’t find the source of the leak but attributed it to the bent clutch fork.

Having worked on clutches myself, I’m at s loss as to how a bent fork would cause a leak. Just not seeing it as possible. I would hope they replaced the front seal on the transmission though as the only thing I can think of that might have been the possible source of the leak described would be a leaking from seal (other than the actual source of the leak the mechanic missed).

So, due to the mechanics error they didn’t actually fix what the car was brought in for. Color that however you want but (and presuming there was a warranty on their work), their “repair” failed. Obviously in truth they failed to repair the leak which caused the new clutch to need to be replaced and a lot of “brake clean” used to remove the transmission oil that should all be covered under warranty.

I don’t see how in good conscience and with a straight face suggest the op owes them anything.

I don’t know what state this is in but many states have specific departments in their state offices to deal with auto repair issues. Op should check into the possibility of filing a complaint with such a department. If op cannot find support through the state quickly they should pay for the repair and probably sue the garage for the $500.
I was confused when you said three. I am arguing NOTHING else.
 

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