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Clutch pedal guru
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Going to small claims does seem more risky. If he has an engineer's report from a reputable company which says the part is defective in some way then that will probably be good enough for the credit card company. They will just claim their loss back off CG. And it won't cost anything to raise a dispute with the credit card company first, whereas a loss in small claims will cost a small amount of money.
Going to small claims court will cost bog all. Last time I checked it was about £40. There's no significant risk in it and the law is on his side, not the obstinate retailer.
 

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Premium Member
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267 Posts
Discussion Starter #83
What are you hoping to achieve in the end?
I think this is a key question.

Al.
I’m looking to get refunded the £550 I paid for the 666 kit. The SMF should last the lifetime of the vehicle if fit for purpose, two years and 20k miles is not acceptable, especially when they were offering a lifetime guarantee at the time.
 

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Going to small claims court will cost bog all. Last time I checked it was about £40. There's no significant risk in it and the law is on his side, not the obstinate retailer.
I think in this case the cost to submit a small claim online will be £60 due to the amount claimed. So yes, not very much.

However there are some advantages to going via the credit card company for a section 75 claim first (court would be either a last resort or a second bite at the cherry - depending on how you look at it):

* Costs nothing
* Will probably be quicker
* No risk you'll have to stand up in court to make your case to the judge
* Can go to the Financial Ombudsman and/or court if you lose
* The amount claimed is a drop in the ocean for the credit card company, but potentially a large amount of money for CG. So the credit card company is less likely to put up a fight.
* If you win the credit card company will pay up without a fuss, whereas CG could try to frustrate the process if you win in court (I'm sure we've all seen those bailiff shows where companies refuse to play ball)

If the independent report is strongly in the OP's favour then he should be on to a winner regardless of whether he goes to court or to the credit card company. So I think it makes sense to go down the credit card route first. Nothing to lose.
 

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Clutch pedal guru
Joined
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5,026 Posts
I think in this case the cost to submit a small claim online will be £60 due to the amount claimed. So yes, not very much.

However there are some advantages to going via the credit card company for a section 75 claim first (court would be either a last resort or a second bite at the cherry - depending on how you look at it):

* Costs nothing
* Will probably be quicker
* No risk you'll have to stand up in court to make your case to the judge
* Can go to the Financial Ombudsman and/or court if you lose
* The amount claimed is a drop in the ocean for the credit card company, but potentially a large amount of money for CG. So the credit card company is less likely to put up a fight.
* If you win the credit card company will pay up without a fuss, whereas CG could try to frustrate the process if you win in court (I'm sure we've all seen those bailiff shows where companies refuse to play ball)

If the independent report is strongly in the OP's favour then he should be on to a winner regardless of whether he goes to court or to the credit card company. So I think it makes sense to go down the credit card route first. Nothing to lose.

Yes hence why I said approach the CC company first :wink3:
 

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Premium Member
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267 Posts
Discussion Starter #91
That's nuked!
How come it's more one side - is it not centred?

Al.
Not sure, in person you can see the starter is pushing/rolling the ring gear over much better than in the pics. It appears the metal used in the SMF is soft/not hardened and the teeth wear until it gets to a point where they are so thin it rolls over and eventually rips off. That’s my uneducated guess, the specialist company it’s going to (if CG still refuse a refund after I send them the pics) will say for certain why it’s ended up in such a mess.
 

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Clutch pedal guru
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5,026 Posts
Yep, looks like that to me too, you can see where the starter motor pinion gear has been in contact with the ring gear. The ring gear looks WAY too soft.
 

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Clutch pedal guru
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5,026 Posts
What sort of condition is the clutch friction disc in? The springs etc?
 

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Premium Member
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267 Posts
Discussion Starter #94
The rest of the kit looks great, loads of life left in the clutch plate/friction material. Didn’t check the springs over, I left the bits up the garage so will have a look tomorrow.

On a side note, an OEM clutch kit with the damper removed and the HCN pedal mod gives a very light pedal, nearly put the pedal through the floor.
 

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Clutch pedal guru
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5,026 Posts
The rest of the kit looks great, loads of life left in the clutch plate/friction material. Didn’t check the springs over, I left the bits up the garage so will have a look tomorrow.

On a side note, an OEM clutch kit with the damper removed and the HCN pedal mod gives a very light pedal, nearly put the pedal through the floor.
Every cloud has a silver lining :wink3:
 

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Clutch pedal guru
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5,026 Posts
Did you manage to have a look at the clutch disc? Any more progress?
 

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Premium Member
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Discussion Starter #98
The springs look fine in all honesty, one is not retained as well as the others and rattles around a bit but on the whole they look ok.

I’ve spoke to Mick about the SMF and I’ve emailed him pics as requested. He didn’t seem particularly interested despite me saying what the pics will show. The CC company have requested I give CG the chance to refund me without involving them as it’s written on an open forum that the kits came with a lifetime guarantee. The CC did state an engineers report confirming a bad SMF would likely be all I need to present them with for a straight forward refund.
 

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Clutch pedal guru
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5,026 Posts
The springs look fine in all honesty, one is not retained as well as the others and rattles around a bit but on the whole they look ok.

I’ve spoke to Mick about the SMF and I’ve emailed him pics as requested. He didn’t seem particularly interested despite me saying what the pics will show. The CC company have requested I give CG the chance to refund me without involving them as it’s written on an open forum that the kits came with a lifetime guarantee. The CC did state an engineers report confirming a bad SMF would likely be all I need to present them with for a straight forward refund.
Personally after the mess about he's given you, I'd say make your decision in 24hrs or I go direct to the CC company. They are jointly liable mate so don't let them try and fob you off. You've been messed about enough!
 

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Shake n Bake
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810 Posts
Sorry for the bump but i think i have the same issue, cars being a little noisy when starting recently then made the sound of starter spinning without turning engine, car bump starts fine and runs. Its being running the C&G 8 paddle and smf for about 6 years and running fine until now, my dilemma is cost based as its a 2007 but low miles at 65k ish and 1 owner, if it is the smf what are the rough costs to replace with dmf and 325 clutch?
 
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