Gearbox broken Pt. 2 - Perth-WRX.com

WRXTASY · #1 22-07-2007, 07:04 PM

Quote:

Originally Posted by dabomb789

After much consideration and being persuaded by a few fellow p-wrxers, i have decided to come forward and ask for advice from you guys as im really at a loss and emotionally devasted.

On the 20th of july, i brought my car (wrx my01) to a certain tyre shop to do a wheel alignment. The boss told me it would cost 59 dollars to align all 4 wheels. i gave the go ahead. Before even doing anything, the wheel aligner then took my car for a test drive. When he was moving off, i could hear that he was grinding 1st gear. when he drove the car out of the shop he was driving it fast as my friend and i could hear the high revs (it was a 60km/h road). When he came back, the car was still ok. He then proceeded to do the wheel alignment. After it was done, he took it out for a 2nd test drive and again my friend and i could hear the high revvings. About 10 mins later, he came back to the shop without my car, and i was like "wheres my car?". He told me he parked it at the side of the road as he heard a loud clunk followed by loud rattling sounds. He said that when he was coming out of a corner he shifted to 2nd gear and that was when he heard the loud clunk.

The boss then came out and straight away accused me of knowing that the gearbox was faulty and decided to bring it to their shop to let them break it and fix it. When i heard the accusation against me i was shocked and at a loss because before this the gearbox was ok and had no signs of it breaking. The boss then repeatedly ask me "who do you think should be responsible?" about 4-5 times. He then confidently said that i could feel free to sue them and that i will not have a case. They were now turning the tables onto me. and just to let you guys know, i was still charged for the wheel alignment and i paid for it with no arguements.

The car is now at my mechanics workshop(towed there), i really would sincerely appreaciate if anyone could give me some advice on what to do. If anyone here is a lawyer please advice me. I am still a student and as a student i do not have a lot of money for the repairs and for legal action. Life can kick you in the nuts at anytime, very unfair.

P.S: Before i left the shop, the wheel aligner mouthed the words "i'm sorry". HE KNEW HE HAD DONE SOMETHING WRONG!

================================================== =======================

Ok the previous thread was close after the mention of a certain workshop. Please don't do it in this thread.

Point 1. It was good your friend was there with you to witness everything.
Point 2. You took your car to shop for a wheel alignment only.
Point 3. Why did the workshop need to test drive the car before a wheel alignment ? Why after the wheel alignment ? Don't they have faith in their alignment abilities and the equiptment they use. ?
I bet Wheels World does not do this to customers cars. Ring John @ WW if you need a reputable statement as for the correct procedure, he should be able to help.
Point 4. Even after you had witnessed the grinding of 1st gear the driver continued to rev the car hard while doing a so called "test drive"
Point 5. The unreasonable statement by the owner of the shop "that you took the car to them so they could break it then fix it"
Point 6. The admission of guilt by saying 'Sorry"
Point 7. The statement by a previous employee (WRX-STi) "If its ???? ????? bentley, go all out on them. The wheel aligner would have been flogging the fuck out of your car for sure......I know this for a fact..."

Usually breakage of gearboxes, particularily the stripping of 2nd and 3 gears is due to shock loading of the gearsets under high loads/torque. Basically brutally releasing the clutch too quickly while mashing the throttle, or destroying the synchros by slamming through the gears without clutching properly or at all.

Point to cosider:
1. Get a statement from the workshop that removes the gearbox as to the damage done and photo evidence to back up the claim .
2. Do not divulge any more facts about the incident on this public forum. Responding to the process to resolve the issue is fine just say nothing more about the facts of the incident.

***Moderators***

J

dabomb789 · #2 22-07-2007, 07:45 PM

wow jamie, thanks dude... seriously u did not have to waste the minutes and seconds doing this for me but you did. Shows that not everyone is just looking out for their own interests. To add... if i do go ahead with the legal action against this particular company and still lose the case, i believe in karma (what goes around comes around 2-3 fold). Thanks again jamie...

regards allan.

jEstEr? · #3 22-07-2007, 08:21 PM

have done that thing you mentioned J

WRXTASY · #4 22-07-2007, 08:24 PM

Good idea I thought!!!

Allan will thank you.

Yeah · #5 22-07-2007, 08:29 PM

Shit, sry to hear that Allan. Ur gearbox shouldnt be a problem and it wont
break easily as ur car condition as i knew.
I was thinking of going the tyre shop to do some wheel alignment but after
this case, i aint going there!! Fuck those dickheads that not taking responsible
for the cars that they doing!!

Goofy · #6 22-07-2007, 08:34 PM

Contact the Motor Traders Association and lodge a complaint. Hopefully the shop in question was a MTA member, it means that they have agred to a code of conduct.

If your car was under the care of a workshop then there are procedures that must be followed. If your car was damaged while under the care of a workshop then they're responsible for it.

Is there any way that your mechanic can tell if the gearbox had any underlying issues before you took it in to get the wheel alignment done? If so, make sure he writes you out a report.

The crux of it is, you took your car to a registered (I Hope) automotive business and it was damaged while it was in their care. It was working when you took it there, it was not when you got it back.

http://www.mtawa.com.au/content.php?page=131

Even if they weren't a MTA member, it may still be worth your while giving them a call.

Why the hell do you need to test drive a car for a wheel alignment?

dabomb789 · #7 22-07-2007, 08:40 PM

yeah goofy, i was thinking the same thing when the wheel aligner took it for drive (without even asking for my permission...sighz) and he took it out for a drive twice....

anyway will be heading down to consumer protection first thing tomorrow followed by Motors traders association... Hopefully they will say i have a case against them... If not i would have to cough up all the repair costs on my own (seeing as im still studying n not working... im fcuked)

ALL I WANTED WAS A WHEEL ALIGNMENT THAT COST 59 BUCKS... I CAME OUT WITH A BROKEN GEARBOX...

allan

RichX · #8 22-07-2007, 08:46 PM

That sucks dude .. As a supposedly 'professional business' providing a 'professional' service, they should cop it on the chin and pay to get it fixed up, and at least uphold their reputation.

Whether it was on the way out or not, it happened when they were driving with suspicious circumstances, and therefore they should have it fixed.

Reminds me when i sold my old car, the next day they called me back - The daughter of who bought the car fried the motor, putting me in a difficult position.

Mister Two · #9 22-07-2007, 08:53 PM

Get them to pay for a new replacement box from Subaru ( I think its nearly $10K), and then get a second hand 6MT fitted instead. Either that or get a quote from RMS to repair the box with PPG gears.

Goofy · #10 22-07-2007, 08:56 PM

they didn't ask your permission?

Did you sign anything with them? Stating that it was necessary to test drive the car? Did they tell you they had to test drive it?

they didn't ask permission??? WTF???

They are required to get your permission to test drive your vehicle. If it's part of a service then it is listed on their checklist and should be made known to you that it is required. This shouldn't be any different for a wheel and tyre shop.

When you talk to DOCEP and the MTA make it clear that they neither asked nor informed you that they needed to test drive it.