Subaru Impreza WRX - Main dealer fitted incorrect rear differential

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Fri 19 Jul 2013 00:34
Subaru Impreza WRX - Main dealer fitted incorrect rear differential - hawkeyeguy
Hi all,

I'm a newbie here so I apologise if this isn't what you would usually expect on this part of the forum but I'm having some serious problems with a main dealer and would greatly appreciate any advice that anyone could offer.

Earlier this year I had a problem with my '07 WRX which following a diagnosis was traced by a main dealer to being a failed pinion gear on the rear diff.
Due to the cost of a new diff being nearly the value of the car, they tried to source a 2nd hand part, which after over a week were unable to find. I offered to try and look around to try and speed things up, so they told me I need a diff of ratio 1/4.44.
Quite quickly I sourced the part which they then fitted and after over 2 weeks I got my car back.
The following week I was driving on the motorway at about 70mph and quite suddenly I felt severe vibration through the steering wheel, heard a thumping noise and the car swerved uncontrollably. Luckily the middle lane was empty at the time so I avoided an accident and managed to get onto the hard shoulder.
After I had the car recovered it was then inspected by an independent specialist who suggested the symptoms sound like gearbox wind-up. Following some research I discovered that the diff I had been instructed to purchase and which had been fitted by the main dealer was in-fact incorrect and should have been 1/4.11.
Due to a complete lack of confidence in them and due to their extremely defensive attitude when I explained what had happened I decided to get the problem rectified elsewhere at my own expense.
They have since tried to pursue me for £560 for the original labour, which is not only nearly double the quotes I have received from other main dealers for the same work but also it appears quite unfair to be charging for labour when the car left their workshop in what I believe to be a fundamentally unsafe condition.

Due to the ongoing dispute I have made it clear through solicitors letters that I am unwilling to pay for the labour charges, however I have just received a court summons for the amount due.

What I am struggling with is a credible source or testimonial that the symptoms which I experienced are highly likely to have been caused by having that rear diff fitted to that car and similarly something that can also testify that this is without doubt a dangerous state for a car to leave a workshop.

Despite being put through what was an extremely scary and dangerous experience, a huge inconvenience, months of threatening correspondences and incurring great expense, I am the one being taken to court. If anyone is able to offer some advice, particularly regarding the above paragraph I would be massively grateful!

Many thanks in advance
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Fri 19 Jul 2013 01:42
Subaru Impreza WRX - Main dealer fitted incorrect rear differential - FP

If I understand correctly, you are saying you drove the car away from the garage without paying for the work they had done. I must say I find this extremely odd; why would they have allowed that?

However, if that is what happened, I don't see why you are not liable to pay. The fact that they instructed you to obtain the wrong part is a separate issue - you can't legally play one issue off against the other. And the fact that you have discovered their labour charge is nearly double other quotes you have had is irrelevant. In effect, you had a contract with that garage.

Maybe you have a counter-claim, based on the expense you suffered as a result of the garage's bad advice.

You really do need professional legal advice, in my opinion. Others may wish to offer a view and it would be interesting to see what DVD has to say if he responds, but I think you are out of your depth on this one - as I would be.

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Fri 19 Jul 2013 08:22
Subaru Impreza WRX - Main dealer fitted incorrect rear differential - lordwoody

I'd agree, pay the bill, then pursue them, once you have sought technical advice.

Do not go to court, you may well find yourself with even greater sums to pay out.

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Fri 19 Jul 2013 09:13
Subaru Impreza WRX - Main dealer fitted incorrect rear differential - Armitage Shanks {p}

Where is the correct but u/s diff that was removed from the car?. The part number on that may be helpful to your case. I agree that you are liable for the labour that was undertaken;the fact that a wrong part was fitted is another matter.

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Sat 20 Jul 2013 11:49
Subaru Impreza WRX - Main dealer fitted incorrect rear differential - Simon

On the face of it, you supplied the wrong part for them to fit, which means that technically it is your fault that what happened happened.

The only way you are going to be able to get any recompense from them is if you can PROVE that they told you it needed a 1/4.44 when in fact it required a 1/4.11 diff. Can you do that? If not I don't think that you have a leg to stand on legally.

You really should have let them source the part to avoid scenarios like this.

Edited by Simon on 20/07/2013 at 11:52

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Sat 20 Jul 2013 13:35
Subaru Impreza WRX - Main dealer fitted incorrect rear differential - nortones2

I can't quite see that the small difference in final drive ratio has anything to do with the failure. Perhaps there are other differences between the differentials. Or perhaps it was duff from the start?

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Sat 20 Jul 2013 21:11
Subaru Impreza WRX - Main dealer fitted incorrect rear differential - thunderbird

I can't quite see that the small difference in final drive ratio

1:1.44 to 1:4.11 is a significant difference in gearing terms.

Edited by thunderbird on 20/07/2013 at 21:11

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Sat 20 Jul 2013 21:24
Subaru Impreza WRX - Main dealer fitted incorrect rear differential - nortones2

Yes, 1:1.44 to 1:4.11 would be significant. But, that wasn't the case. It was 1:4.44 to 1: 4.11. Not a big change at all.

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Sun 21 Jul 2013 08:55
Subaru Impreza WRX - Main dealer fitted incorrect rear differential - thunderbird

Yes, 1:1.44 to 1:4.11 would be significant. But, that wasn't the case. It was 1:4.44 to 1: 4.11. Not a big change at all.

My typing error. I should have typed 1:4.44 and 1:4.11 and that is a significant change.

To prevent transmission wind up in a 4 x 4 the front a rear diffs should be the correct ratios.On some 4 x 4 cars having new tyres on one axle and worn ones on the other is enough to cause transmission wind up, the advice with these cars is to rotate thres and swap all 4 when worn.

The difference between a new and worn tyre is far less than the difference between the diff ratios of the OP's car.

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Sun 21 Jul 2013 10:39
Subaru Impreza WRX - Main dealer fitted incorrect rear differential - nortones2

Ah, all is clear now. I take it the centre diff would be put under strain due to differing front and rear diff ratios?

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Sun 21 Jul 2013 15:53
Subaru Impreza WRX - Main dealer fitted incorrect rear differential - SlidingPillar

Yes.

If there was no centre diff, the front wheels would be trying to do 76 while the back wheels were doing 70 (roughly, with those ratios). Not a terribly good idea and a 6mph difference at the centre diff is more than would ever occur under normal circumstances even for a short time - let alone continuously.

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Wed 24 Jul 2013 12:42
Subaru Impreza WRX - Main dealer fitted incorrect rear differential - hawkeyeguy
This is interesting thank you. In a technical sense, do you know of any way I could get hold of something that I could use that would prove this and therefore if it goes to court make it very clear that the part they fitted is highly likely to have caused severe control difficulties due to gearbox wind up?
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Fri 26 Jul 2013 16:24
Subaru Impreza WRX - Main dealer fitted incorrect rear differential - skidpan

You supplied a 1:4.44 but the car needed a 1:4.11. Unless you can prove that they asked for a 1:4.44 I doubt you would win a case. Basically it would be your word against theirs unless you have written confirmation.

This is the danger of providing parts for a garage to fit, for the small saving you can get a world of hassle and expense.

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