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The mkiv Supra Owners Club

Possible Legal Advice Against Clutch Company


a98pmalcolm

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Hi all. Got some bad news today.

 

As some of you know I have had clutch problems the past year.

 

On the 10th May 2011 I had a competition clutch fitted to my 410bhp Supra, It was a stage 4 6 pad clutch rated to 700bhp.

 

at the beginning of April 2012 I started to experience issues were the clutch would slip and once I couldn't get into gear. So under a year old this performance clutch fitted to a car 290bhp under the max limit had gone wrong.

I have never been on a drag strip nor track in my life and use my car as a daily runner.

 

I had a response from the supplier that competition clutch had got back to him and they have rejected the claim as its out of the 90 day warranty period.

 

Its clear the clutch is FAR from fit for purpose an I believe that this may go against the sales of goods act.

 

Ironically (and stupidly) I went for another competition clutch, same one and same type as I needed my car asap and low and behold only 1 1/2 months later it has gone wrong. This 2nd clutch is about to be sent off and is within there 90 day warranty. With this one the material melted and stuck to the flywheel meaning that I couldn't get into gear. My car is 455bhp now so still well under the max rating. I am about to send that one off.

 

But my concern is the 1st one. I feel this situation is out of order. I am now going to go beyond the supplier after the 2nd clutch has been sent off to be claimed to resolve the situation on the 1st clutch.

 

All these clutches going faulty had put me into major debt that I feel is unjust as I paid 1st time around for a clutch that was meant to be more that good enough for my car!!

 

I'm seeing what people views are and any advise will be much appreciated.

 

Thanks for taking the time to read all that

 

Paul

Edited by a98pmalcolm (see edit history)
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I have the same clutch by the sounds of it mate. I have had no problems (bpu) and its been in there now for over 6 months. Still feels as good as the day it went in.

Did you fit it yourself? Or have the same garage do both? I know a few people who use these clutches and none have ever had dramas.

Just wondering if when it went in, something may not have been done right? I dont know much about clutch fitment though. And in no way is it an assault on your mechanical skills if you did it yourself. Just simply that 2 normally very good clutches have died in short time in the same car.

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if you car has killed 2 that fast im guessin there is another problem , i did a full race season on the stage 4 with no issues and i know a fair few other guys running them in ther track cars without problems

 

Beat me to it ;)

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No it was fitted professionally by a very highly rated garage on the owners club...

 

I can't see how it was anthing else. I have had the master and slave cylinder done before the 2nd one went in.

 

I've had a member PM me with the same problem, after a few months his went..

 

I'm now running an RPS triple plate and no problems so far..

Edited by a98pmalcolm (see edit history)
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I feel sorry for you to be honest mate you must have spent an absolute fortune on clutches and if you had it fitted by a trader on here what more can you do, it isnt your fault what so ever its down to the clutch manufacturer or who ever fitted the clutch. I hope you get your money back but its one of those situations where it will be far from easy

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You should be able to get redress under the sale of goods act if it was purchased in the UK.

 

Although a manufacturer may provide a warranty, the sale of goods act refers to a reasonable amount of time.

 

In your case you would expect a clutch to last X thousand miles. If it has failed before this time it may be that it was not of merchantable quality which would in turn be grounds for a claim against the supplier.

 

The fact this has happened twice where others are not having any issues would suggest the two units you have had are in some way defective.

 

Your best bet if purchased in the UK would be to talk to your local Citizens Advice or maybe a trading stds officer.

 

If purchased outside the UK I'm not sure you would have a leg to stand on.

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Thanks guys.

 

It WAS fitted and SUPPLIED in the UK. The trader has been very helpful and its now Competition Clutches responsibly to supply satisfactory service. IF they keep saying no to the supplier I have to go direct. I will give them a call on my day off and ask how many miles are these clutches meant to do? And if they cant be reasonable I will have to say to them that I may have to seek legal Advice.

 

To get you a ball part figure on how much I have spent

 

On CC clutches within 18 months : £1162

Labour: £372

 

That doesn't include the fact that I had to buy another clutch from another company and pay more labour for that to be fitted. I know I have an RPS Triple plates clutch so I wont get an issue again, but now but altogeter clutches have cost me

 

£4384

 

Within 18 months!!

 

You wouldn't believe the amount of stress this has given me! Getting lifts to work, messing up my days off. I'm lucky to have some good mates! And I'm also very lucky LeeP had a triple plate clutch or I would have struggled making it to my mates wedding!!!!

 

SRD wasn't the supplier of the CC clutches by the way..

Edited by a98pmalcolm (see edit history)
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I think you'll find it very difficult to get redress. With car parts, it's difficult to say how many miles they should be able to do. There's too many factors involved. If abused, parts will give up after very few miles. It sounds like something was amiss though in your case, and as stated before your best bet is to talk to the retailer who sold it. I don't know if there are exemptions to the Sale of Goods Act for things like longevity of car parts, but I wouldn't be surprised.

 

Two things might count in your favour:

1) reverse burden of proof that often (always?) applies with the Sale of Goods Act if instigated within 6 months (?) : so, wouldn't help for the first clutch but might for the second.

2) did you keep the broken clutches? If not, I don't think any retailer or supplier will give you the time of day.

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