VRS TSI Clutch Slip / Replacement after 17K Miles / Skoda reluctantly pays-out after proof of defect

[Orville]

Skoda Customer Services called this afternoon with a final assessment of my clutch case. They have a new theory. Their Technical guys say that resin from a worn friction disc had embedded itself around the outside of the pressure-plate, indicating wear & tear as cause of slippage. They provided no answer as to why this “resin wear & tear” only occurred around the outside of both disc and plate, or why the pressure plate is concave. I have asked these questions many times to both Dealer & CS, but the question is skipped.

 

Anyway, whilst Skoda accepts no liability for fault, they offered a settlement sum of 25% of clutch replacement costs (~£210). They say that their Legal Team is confident they can win the case, and that this sum is offered to cover any Legal costs they would suffer for defence.  

 

So far Skoda have provided the following wear & tear “proofs”.

*Initially I was told that the flywheel was worn and required replacement – Dealer rescinded this next day after I asked to keep the parts. They said that front-desk assistant had made a mistake and mixed things up. My flywheel was absolutely fine and did not need replacing.

*Upon collecting my car I was told that the pressure-plate forks are blue, indicating abuse. – Incorrect, pressure-plate forks are blue in colour because they are manufactured blue. It is their factory colour.

*I was also tod that the pressure-plate and friction disc are well worn and show signs of abuse – Both items show no abuse or heat damage, only wear around the outside which tallies with a concave pressure-plate and uneven contact. The insides of both items appear new.

*Customer Services then inform me that their Tech Support said the flywheel shows severe heat spots – What!, Dealer told me that pressure-plate was fine and it was the only item not replaced. It is the only item I cannot check/photograph myself because there was apparently nothing wrong with it.

*Finally, resin from the disc has embedded itself around the edge of the pressure-plate due to wear & tear – DOH! Why did this only occur on the outside and not the inside? Surely caused by uneven contact/fault?

 

Anyways, now I will pursue a Small Claim against Skoda (Volkwagen Group UK Ltd). I am certain that wear & tear has not caused my clutch to fail after only 15,000 to 17,000 miles, and that manufacturing or assembly faults must be the major contributing factor. Skoda have failed to answer the most obvious questions indicating fault, namely why is the pressure plate concave, and why does wear only show around the outside of disc & plate? Clearly there was insufficient contact on a very large portion of the insides, and this is the most apparent reason for premature slippage. Two-thirds of a clutch could not handle 100% of mechanical force once the reduced contact area had worn a little.

 

The only time I consider my clutch being subjected to abuse was when the Dealer Technician tested slippage from standstill within 3^rd gear with the handbrake on. He did this several times with me in the passenger seat.

 

Does anyone know of an Independent Clutch Inspector within Essex?

Edited 31 May, 2016 by Orville

[GoneToBeemer]

The very fact they have offered you anything at all shows they know they are in the wrong, and telling you that "we are confident we will win a legal case" is just scare mongering, and to get you to doubt yourself.

 

I would imagine any qualified mechanic would be able to provide a report on an item like a clutch?

[Orville]

My wife says to accept the crappy offer, do not expel further negative-energy on the car, and consider the whole saga a valuable lesson-leaned. Never again will we buy a Skoda/VAG car, and the one we have will be gotten rid of asap.

 

I am wholly disenchanted with Skoda and will sleep on things before deciding what to do next.

[banksie]

There was a chap who drove his Land Rover Discovery up to the entrance at the NEC during the Motor Show to get publicity for how poorly he'd been treat. It got the required result if a bit excessive. You could wait for a suitable time and do a similar thing on the Skoda stand at the next show in the UK with your damaged clutch in one hand and a load of photocopied reports to hand out in the other, it might turn a few heads!

The other option would be to contact AutoExpress, my Dad subscribes and passes them to me and this would be right up their street on the problems page! Obviously a copy of the letter about to be sent to AutoExpress sent to Skoda beforehand might be an option?

[dsj20v]

Please dont let it lie , you already have made progress so i say you should see it through

[FLAPPERJACK7]

Don't wimp out. Fight your case and don't listen to your wife. I think you have a good chance. Skoda are only giving almost the amount they overcharged you anyway.

Sent from my SM-G900F using Tapatalk

[SuperbTWM]

I would be tempted to fight this, they have dodged your questions about the concave pressure plate because they know that was the culprit and that its clearly a defect that they should be liable for.

 

It is a lot of hassle and in my shoes I may be tempted to accept the offer but I think I would be angry at myself forever if I let them win.

[bhoywonder]

Been reading this with interest as I had similar issue with VW over my Passat all be it mines was not mechanical but front wing corrosion and corrosion on my tailgate at the registration lights. After many many emails and telephone conversations they finally agreed to replace the wings but would not budge on replacing/repairing the tailgate.

 

Still bugs me to this day that I gave up and never took it further and that was 4 to 5 years ago.

 

Please don't give up as I feel you have a great case.

[LHVRS]

I'd get it repaired and fight the case, this way you're driving around in a fixed car which is one thing of your mind but I don't have to live with your wife 

[Orville]

One of the chaps at my Karate club has suggested a local auto specialist. Unfortunately I am working on the wrong side of London all week but will pay him a visit on Saturday. The Small Claims process looks pretty simple. So long as I obtain a favourable Independent Inspection then the chances of winning should be stacked in my favour.

[MoggyTech]

I really cannot understand why Skoda are being so stubborn about this. The pressure plate has obviously been machined out of true from the get go. I've seen this with brake discs and clutches. I've even seen after market brake discs where the centre hole was not even in the centre of the disc, but I digress. The concave portion is too clean and precise to have been caused by resin build up or any other foreign material.

 

Skoda have switched stories on this so often a small claim court case would send them reeling. 

[Alpha2110]

The thing is courts of law requres proof not opinion, so you need a few independent pieces of evedence. Also to say the Skoda legal team cost is 200 quid is complete rubbish, there lying, try adding a 0 and that's how much they cost. They will be company legal representatives who may or may not be practicing lawyers, but if you price there time at full economic cost it's big money.

Is it not an idea to contact the clutch manufacturer? Most big companys have procedures for fault analysis. Who makes the clutch, is it sachs. If you go to court you need to prove beyond reasonable doubt you could have not damaged the clutch, that's what there legal team will be trying to pin on you. The proof has to be impartial and be in report form, I mean it has to be substantiated and stand up cross examination.

Personally I don't think they will want to go to court, it would cost the price of the clutch just sending there staff there and loosing a days worth of work, where are they based milton keyns ?, there of there tree if they think it costs 200 quid to send some one away from the office. I would say it would be at least a grand a day for a b grade legal representation.

Good luck anyway I hope you do them, maybe they think twice before shafting someone else

[Orville]

Is it not an idea to contact the clutch manufacturer? Most big companys have procedures for fault analysis. Who makes the clutch, is it sachs. If you go to court you need to prove beyond reasonable doubt you could have not damaged the clutch, that's what there legal team will be trying to pin on you. The proof has to be impartial and be in report form, I mean it has to be substantiated and stand up cross examination.

I contacted Sachs directly very early on. They informed me that they are not allowed to comment on disputes between the customer and Skoda/VAG due to contractual restrictions, and suggested that I should chase the case independently. VAG gag's OEM's.

Edited 1 June, 2016 by Orville

[Orville]

Today I handed over my clutch components to a fully qualified Independent Automotive Inspector. He will perform analysis and provide a full Inspection Report within one to two weeks. I will live by the findings of the report. If the report points to wear & tear or driver abuse then I will accept it and move on. If it indicates manufacturing defect then I will pursue Skoda via Legal means.

 

Thanks for all of your comments,  help and advice.

Edited 3 June, 2016 by Orville

[GoneToBeemer]

Well done for not letting it lie. Hope you get the right and fair outcome! Please keep us all updated.

[ExSEAT]

Respectable move.Here's hoping sense prevails!!

[neiln]

Good move.  The advice of a qualified expert who has the facts (in this case the components to examine) trumps the advice offered by any internet forum dwellers, and will be considered carefully by any court should it come to it.

[alekz2604]

Good luck man! Sometimes it is hard to prove you are right. That"s why they are so confident about going to trial.

[harrylime]

Good for you for pursuing it. They rely on people giving up, it's a typical corporate response as they care only about profit, and it makes me sick. It is such a short sighted view as many, many people will be put off buying a skoda, including me. I have been thinking about upgrading to the new model Octavia but I have serious doubts now. The 6 month clause is ridiculous and consumer regulations stipulating that goods should last a reasonable amount of time kicks that into touch. The 6 year period quoted is not a blanket ruling but ir depends, I think, on the product and how long a reasonable person would expect it to last. 17000 miles equates to less than 18 months of motoring for most people and is not adequate, in my opinion.

If it goes to court it would be a case of Skoda arguing against your driving style, and you defending it. In my opinion, you would win, partly because with today's traffic, who gets the opportunity to cane a car, even if they want to? If you are not a spotty youth with a baseball cap, that would probably strengthen your case.  I can't believe that Skoda would want to let it go to court, with the kind of publicity that would produce. If they go to court, they are not gambling the cost of the work you had done. They are taking a much bigger gamble because if you win, everyone who has had a clutch replaced within three years of being new or with relatively low mileage will be queueing up to start a case of their own.

[bhoywonder]

Have to agree with all that has been said don't know why Skoda are digging there heels in. I be surprised if they do not know about this thread and all the negative publicity.

 

Skoda are just being stupid. Good Luck.

[wiilydog]

Skoda UK are just being tight and probably due to the emissions scandal are tightened their belts across the group. Good for you for fighting this! its Orville vs Goliath

[bhoywonder]

Skoda UK are just being tight and probably due to the emissions scandal are tightened their belts across the group. Good for you for fighting this! its Orville vs Goliath

Skoda might be being tight because of the emissions scandal but there are fights worth fighting I don't believe they have a leg to stand on with this one and I think they where hoping this was going to go away.

[Orville]

My wife just called me to say that the Inspection Report has arrived at home. I will not post the full contents to safeguard my case arguments, but the conclusion is:-

 

"Failure of the clutch was due solely to a manufacturing defect"

 

I really should not have had to prove this independently. The Dealer Essex Auto Group and Skoda UK have been incompetent asses. Now the legal process begins.

[ExSEAT]

JACKPOT!!!!!!

[GoneToBeemer]

My wife just called me to say that the Inspection Report has arrived at home. I will not post the full contents to safeguard my case arguments, but the conclusion is:-

 

"Failure of the clutch was due solely to a manufacturing defect"

 

I really should not have had to prove this independently. The Dealer Essex Auto Group and Skoda UK have been incompetent asses. Now the legal process begins.

 

Great news!!

 

Might be worth another call to Skoda, given the evidence you now have...save you the time and effort to pursue legally (at least for now). I would imagine they may now have a different response to you, other than the rollocks they've given you so far. If not, so be it - you clearly have a strong legal case against them!