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So you are going to small claims ?
If so you cannot claim any expenses or the original fee , only damages from the defendant.
I have been dealing with angry clients that keep doing this for 10 years in my business and i know the process and whats involved , the court will want proof not point of view and you don't have that . I don't mean to sound harsh but you will require a third party who will testify that the transmission was faulty when you took delivery. You will find regardless of wether the part is new or used you would be expected to have it installed by a qualified mechanic and no one, no DIYer no matter how self certified they are to do the job is considered a "qualified mechanic" .
I can tell you from experience ( and i'm not saying you have done this yourself) that it is possible to shatter gears and damage a transmission very quickly sidestepping the clutch etc. For this reason there will be reasonable doubt that it was fine when you took delivery of it and there has been the possibility of you damaging it yourself.
Angry phone calls only prove that the vendor does not address clients in a respectful and courteous manner - it does not prove they sold you a bad transmission.
I have to unfortunately agree with the vendor that taking a broken transmission to a shop to get checked out will not change anything. It only provides proof that it is broken , it will not provide any indication of how it was broken or who broke it. I have seen a Ford escort XR3i transmission destroy itself in less than 30 miles of use after another shop forgot to fill it with oil, it doesn't take long in a stick shift to end up with an expensive casement of broken gears - bearings and burnt syncho rings.
I don't want you to think I am trying to give you a hard time here even though it looks a little judgemental, i'd love to see the vendor come forward and help you out regardless of whos fault it is ( I have to do this myself because sometimes it's not worth the aggro or public bad mouthing even if you know the client is in the wrong ), I also don't want to give you bad or wrong advice - that also would do you no good. I have your best interests at heart here when I say what I say.
I would still advise you chalk it up to experience , tell the vendor what you think of them if it gives you the satisfaction to do so only after you are sure they won't help you - i prefer to burn no bridges even in the most infuriating of situations. strip the box yourself , rebuild it , get the car on the road and realise that you have learnt something about the human race, and learnt how to rebuild a GTR tranmission.
You can also take pride in the tranny you rebuilt yourself
Going forward in the manner you state will only make you poorer , take your car off the road longer , stress you out needlessly and make the juducial system richer.
If so you cannot claim any expenses or the original fee , only damages from the defendant.
I have been dealing with angry clients that keep doing this for 10 years in my business and i know the process and whats involved , the court will want proof not point of view and you don't have that . I don't mean to sound harsh but you will require a third party who will testify that the transmission was faulty when you took delivery. You will find regardless of wether the part is new or used you would be expected to have it installed by a qualified mechanic and no one, no DIYer no matter how self certified they are to do the job is considered a "qualified mechanic" .
I can tell you from experience ( and i'm not saying you have done this yourself) that it is possible to shatter gears and damage a transmission very quickly sidestepping the clutch etc. For this reason there will be reasonable doubt that it was fine when you took delivery of it and there has been the possibility of you damaging it yourself.
Angry phone calls only prove that the vendor does not address clients in a respectful and courteous manner - it does not prove they sold you a bad transmission.
I have to unfortunately agree with the vendor that taking a broken transmission to a shop to get checked out will not change anything. It only provides proof that it is broken , it will not provide any indication of how it was broken or who broke it. I have seen a Ford escort XR3i transmission destroy itself in less than 30 miles of use after another shop forgot to fill it with oil, it doesn't take long in a stick shift to end up with an expensive casement of broken gears - bearings and burnt syncho rings.
I don't want you to think I am trying to give you a hard time here even though it looks a little judgemental, i'd love to see the vendor come forward and help you out regardless of whos fault it is ( I have to do this myself because sometimes it's not worth the aggro or public bad mouthing even if you know the client is in the wrong ), I also don't want to give you bad or wrong advice - that also would do you no good. I have your best interests at heart here when I say what I say.
I would still advise you chalk it up to experience , tell the vendor what you think of them if it gives you the satisfaction to do so only after you are sure they won't help you - i prefer to burn no bridges even in the most infuriating of situations. strip the box yourself , rebuild it , get the car on the road and realise that you have learnt something about the human race, and learnt how to rebuild a GTR tranmission.
You can also take pride in the tranny you rebuilt yourself
Going forward in the manner you state will only make you poorer , take your car off the road longer , stress you out needlessly and make the juducial system richer.
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