Chain loose, wheel nut seized tight

[470four]

What part of Swindon you in Mate? (rough description please, not a full address & postcode ) Im sure someone can pop over & sort this? Im on 12hour nights at the mo & having problems making toast at the mo, lol

[Snowy]

Just a side note - the garage/shop doesn't have any liability unless you notice a problem before driving it away.

My dad had a similar problem with his car. One garage did a service on it. He noticed a problem with it after driving it and took it to another garage. They basically said the part in question (can't remember what it was now but principle the same) had been taken off, and over tightened when put back and the entire part had to be removed and replaced costing over £500!!! Dad called a solicitor and they said no point pursuing it as the garage can claim that the damage was done after it left their premises and you have no way of proving otherwise. So he was left having to pay a costly bill for someone else mistake...

I'm no lawyer and accept I might be wrong, but my thinking would be they are breaching their contract under the Sales of Goods Act over the service they have agreed to provide of satisfactory quality and to standard.

Maybe more importantly, they have also breached their legal responsibilities under the Health and Safety at Work Act 1974 - specifically under Section 3.

Agreed, somethings can be difficult to prove, but that doesn't mean the legal liability is not there. Sometimes when you start to use such terminolgy, in a controlled and confident way they cave. I have used this tactic on several occasions always to good effect so far.

[Squashed_Fly]

[quote author=Squashed_Fly link=1304443038/17#17 date=1304517077]Just a side note - the garage/shop doesn't have any liability unless you notice a problem before driving it away.

My dad had a similar problem with his car. One garage did a service on it. He noticed a problem with it after driving it and took it to another garage. They basically said the part in question (can't remember what it was now but principle the same) had been taken off, and over tightened when put back and the entire part had to be removed and replaced costing over £500!!! Dad called a solicitor and they said no point pursuing it as the garage can claim that the damage was done after it left their premises and you have no way of proving otherwise. So he was left having to pay a costly bill for someone else mistake...

I'm no lawyer and accept I might be wrong, but my thinking would be they are breaching their contract under the Sales of Goods Act over the service they have agreed to provide of satisfactory quality and to standard.

Maybe more importantly, they have also breached their legal responsibilities under the Health and Safety at Work Act 1974 - specifically under Section 3.

Agreed, somethings can be difficult to prove, but that doesn't mean the legal liability is not there. Sometimes when you start to use such terminolgy, in a controlled and confident way they cave. I have used this tactic on several occasions always to good effect so far.
[/quote]


You're right, but so long as you realise when you pick the vehicle up, or within minutes of leaving. The moment you get home and do anything that involves spanners etc, you could be deemed to have caused the issue yourself, then it becomes a long drawn out battle of trying to prove they did the bodge job, not you (or another garage) after leaving.

The solicitors my dad spoke to, said he was within his rights to pursue the matter under the laws you mentioned, but it would expensive for him, and would almost certainly be pointless unless he could prove that it was the work the garage did that caused the issue. And of course he had no way of doing so as they had signed the work off as complete and ok, and they are 'trained professionals' (I use the term loosely!)

It was very bitter (and expensive) pill to swallow....

[Snowy]

[quote author=BMWGraeme link=1304443038/21#21 date=1304601119][quote author=Squashed_Fly link=1304443038/17#17 date=1304517077]Just a side note - the garage/shop doesn't have any liability unless you notice a problem before driving it away.

My dad had a similar problem with his car. One garage did a service on it. He noticed a problem with it after driving it and took it to another garage. They basically said the part in question (can't remember what it was now but principle the same) had been taken off, and over tightened when put back and the entire part had to be removed and replaced costing over £500!!! Dad called a solicitor and they said no point pursuing it as the garage can claim that the damage was done after it left their premises and you have no way of proving otherwise. So he was left having to pay a costly bill for someone else mistake...

I'm no lawyer and accept I might be wrong, but my thinking would be they are breaching their contract under the Sales of Goods Act over the service they have agreed to provide of satisfactory quality and to standard.

Maybe more importantly, they have also breached their legal responsibilities under the Health and Safety at Work Act 1974 - specifically under Section 3.

Agreed, somethings can be difficult to prove, but that doesn't mean the legal liability is not there. Sometimes when you start to use such terminolgy, in a controlled and confident way they cave. I have used this tactic on several occasions always to good effect so far.
[/quote]


You're right, but so long as you realise when you pick the vehicle up, or within minutes of leaving. The moment you get home and do anything that involves spanners etc, you could be deemed to have caused the issue yourself, then it becomes a long drawn out battle of trying to prove they did the bodge job, not you (or another garage) after leaving.

The solicitors my dad spoke to, said he was within his rights to pursue the matter under the laws you mentioned, but it would expensive for him, and would almost certainly be pointless unless he could prove that it was the work the garage did that caused the issue. And of course he had no way of doing so as they had signed the work off as complete and ok, and they are 'trained professionals' (I use the term loosely!)

It was very bitter (and expensive) pill to swallow....[/quote]

So the solicitor did say he could pursue it after the event then? Of course it's easier if you know there's a problem whilst on the premises, but you still maintain your rights and they maintain their liability after you leave. I agree it becomes more difficult but the laws don't change once you drive off the forecourt.

As an example, how could you be expected to tell that as part of a service and one which is itemised on an invoice, they have changed an oil filter and put in 4L of Castrol's finest? Thats the point - you can't. And you cannot be expected to know and a judge would take that into consideration as part of any litigation if your engine blew 100 miles later.

Of course, if you have stripped the engine down yourself in the meatime you're screwed....

[b_m1957]

What part of Swindon you in Mate? (rough description please, not a full address & postcode ) Im sure someone can pop over & sort this? Im on 12hour nights at the mo & having problems making toast at the mo, lol

Redhouse, near the big Asda in North Swindon.

I'm not sure this is 'sortable' now without a new rear wheel (or bearings) at the very least

[470four]

Does the wheel itself or the sprocket carrier plate feel loose if you shake the wheel? Notchy, crunchy if you spin the wheel?

[Cemorah]

I live in Cricklade happy to have a quick look and advise quickest way to get bike back on road. Have sockets up to 32mm & a breaker bar if needed. Wheel bearings hold no fear simple and cheap repair. PM me if you need help

[b_m1957]

Does the wheel itself or the sprocket carrier plate feel loose if you shake the wheel? Notchy, crunchy if you spin the wheel?

There's some jumping and a crunching noise from the rear wheel and some shiny swarf deposit, but no movement in sprocket or wheel.

Quickest way back on the road is what I need I think!!!

[470four]

What does the swarf look like? big or small flakes, shavings? Could it be off your sprocket cover or swingarm?

Wish I was closer to have a look at this... :-/

[b_m1957]

What does the swarf look like? big or small flakes, shavings? Could it be off your sprocket cover or swingarm?

Wish I was closer to have a look at this... :-/

Shavings on the wheel hub. I'm assuming coming from the crunching sound inside the wheel