Cam Chain snapped on new van after 20 months / 114k miles

[WhiteVanMan5]

If your Lewes court time is 2pm next Monday the court schedule is stating your money claim is unallocated.

Did you receive confirmation from the court that your claim has been allocated to the small claims track?

I thought it had, but looking over it now, I think it hasn't.

To summarise corresponsdance from the court:
12th June 2025: Notice of Proposed Allocation to the Small Claims Track
6th August 2025: Transfer of Proceedings to County Court at Lewes
29th December 2025 Preliminary hearing to assess if Claimant has sufficiently particularised the claim on 16th March 2026

[WhiteVanMan5]

Interestingly the solicitor writes "allocated " and not "reallocated" in point 1.
Is your claim now over £10k?

No, claim is still capped under £10k. I did tell them that it was my intention to get advice on transfer to full track hearing now that the manufacturer had admitted the manufacturing fault (i.e. issued the recall). That proved to be impractical, so I didn't do it.

[WhiteVanMan5]

Right at the end of the 116 page bundle I received today is a letter from the Part 20 Defendant to the Defendant/Part 20 Claimant dated 10th March. I'm feeling like I'm being ambushed! I've redacted out the names of the firm, but here is a scan of the letter.
I haven't been able to get a specific recall on my vehicle either. My presumption is that it is either excluded because it is SORN'd or Stellantis/Vauxhall have manually removed it because of the ongoing case. The recall absolutely 100% refers to my vehicle though - it is a question of how I can demonstrate that?

[Frank1]

It is my understanding that the court only provides its mediation service after a claim has been allocated to the SMC track You attended this on 5 August.
I am more concerned about the reference in the letter to the van's service record, in particular to a service not being carried out at an approved garage and the possibility that the incorrect oil was used.

[WhiteVanMan5]

The service 11,000 miles before the failure was carried out at an independant local garage, not a Vauxhall main dealer. If I can believe AI, then it is not possible that even if the wrong oil was used (and I have no indication that it was) it would lead to such a failure in this time frame. All services before that service were carried out at Vauxhall main dealers.

Mediation was completed before it was allocated to the Lewes County Court. Only the Lewes County Court could allocate track?

[Frank1]

You should check your email you received from the court about the date for mediation. I suspect it mentions small claims mediation.
Did you keep the invoice from the independent garage and does it state in detail the service work carried out?
I'm not convinced what the RAC recommends regarding inspection, maintenance and replacing the chain is relevant More important is what the van's manual and service handbook state about maintenance work to the chain?

[WhiteVanMan5]

Here is the email received after the mediation, dated 5th August 2025:

Thank you for using the Small Claims Mediation Service today.

Although a settlement could not be reached on this occasion the parties are reminded that Court is considered a last resort and in which case both parties are encouraged to continue to communicate where possible in an attempt to resolve the claim, you may find that today's mediation gives you both a base upon which to build on.

If the parties can satisfactorily resolve the matter without the need of the Court, the Claimant should complete a notice of discontinuance using the appropriate form in the link and file it with the appropriate Court; N279 - w3 Notice of discontinuance (6.99) (publishing.service.gov.uk) or update Online Civil Money Claims through your account.

If not already done so. the claim will now be transferred out of our business centre to a court where standard directions will be given and you will be notified in writing of the next stages to follow. It is important that both parties follow these instructions and adhere to the timetable set down by the Court which will include a further court fee and a final hearing for determination of the matter. Further information can be found at; Make a court claim for money: What a court claim is - GOV.UK (www.gov.uk)

Many thanks for your participation in Mediation.

If you require any further information please contact us at the below details.
Civil National Business Centre | HMCTS | St Katharine's House 21-27 St Katharine's Street | Northampton | NN1 2LH

I have the invoice from the independant garage. it states that 4 litres of 0W-20 Engine Oil was used.

The manual states that Vauxhall Original Oil is B71 2010 / B71 2312. It states that B71 2010 has Engine Oil viscosity grade of SAE 0W-20. B71 2312 is SAE 0W-30.

I cannot see any reference in the manual to the timing chain / cam chain.

[Frank1]

I am struggling to understand the purpose of Monday's hearing and the hearing at the end of March.
It sounds as if the judge ion Monday is going to tell you your claim is insufficiently particularised and you need to rewrite part of it.
The hearing has been booked for 45 minutes so why the defendant's solicitor intends to present a 100 page document at the hearing?
A judge decides on the actual allocation of the claim and is normally done before SMC mediation
Your claim has yet to be allocated. Sometimes the judge requires an allocation hearing to decide but this hasn't been set yet?
The Part 20 defendant has made an application for relief of sactions. Presumably his defence was too late and struck out. The hearing at the end of March is to decide on the application.
You need to find out when the judge is going to allocate your claim to a track and then decide whether you want to argue for the SMC track.
The solicitor has prepared a draft order assuming the judge will allocate the claim to the fast track
Even though your claim is under £10k the judge may decide that due to the amount of paperwork and complexity of the dispute, the case is unsuitable for the SMC track.
.

[Frank1]

A cam chain can just snap without warning. Did you have any passengers in the van before the chain snapped that will vouch that there weren't any untoward engine noises?
I can't see any reason why the judge won't agree to you second expert report being used at the final hearing.
The Part 20 defendant, and therefore the solicitor also, seems to be relying on the contents of the letter you have posted
If that is all they have, you should be prepared to dispute the letter.

[Frank1]

The judge at an allocation hearing may point out that the maximum recoverable cost for expert reports is £750 in the small claims track
You should be prepared for your claim to be reduced by £550 if it is allocated to the SMC track.

[WhiteVanMan5]

A cam chain can just snap without warning. Did you have any passengers in the van before the chain snapped that will vouch that there weren't any untoward engine noises?
I can't see any reason why the judge won't agree to you second expert report being used at the final hearing.
The Part 20 defendant, and therefore the solicitor also, seems to be relying on the contents of the letter you have posted
If that is all they have, you should be prepared to dispute the letter.

No passengers, but I did keep and publish the dashcam footage, with sound of the moments leading up to the snap and the snap (1 minute in total).
https://www.youtube.com/watch?v=OOjxfxUDHm0

I'm no mechanic, but I don't hear any untoward sounds before the snap. As you can see, the vehicle was being driven normally and not aggressively.

[WhiteVanMan5]

I am struggling to understand the purpose of Monday's hearing and the hearing at the end of March.
It sounds as if the judge ion Monday is going to tell you your claim is insufficiently particularised and you need to rewrite part of it.
The hearing has been booked for 45 minutes so why the defendant's solicitor intends to present a 100 page document at the hearing?
A judge decides on the actual allocation of the claim and is normally done before SMC mediation
Your claim has yet to be allocated. Sometimes the judge requires an allocation hearing to decide but this hasn't been set yet?
The Part 20 defendant has made an application for relief of sactions. Presumably his defence was too late and struck out. The hearing at the end of March is to decide on the application.
You need to find out when the judge is going to allocate your claim to a track and then decide whether you want to argue for the SMC track.
The solicitor has prepared a draft order assuming the judge will allocate the claim to the fast track
Even though your claim is under £10k the judge may decide that due to the amount of paperwork and complexity of the dispute, the case is unsuitable for the SMC track.
.

The advice I had on here was to keep the POC brief and to the point. There would be an opportunity to elaborate later in the process. I'm guessing it was too brief and to the point.

[Frank1]

I agree with Des8. I can't see anything wrong with your claim. It is straightforward to follow. Perhaps the judge is going to seek clarification of the money part of the claim.
You were unable to file the lengthy and detailed inspection document as you had not obtained court permission to rely on an expert report.

[Frank1]

Sorry my mistake.
Mediation is now automatically triggered when a claim is under £10k and can be carried out before formal track allocation.
The judge may decide tomorrow on the appropriate track. You should be prepared to state your reasons why you believe your claim should be allocated to the SMC track.

[WhiteVanMan5]

Something like this? (Written with the help of AI)

1. Objection to Allocation to the Fast Track The Claimant strongly objects to the Defendant’s proposal in the Draft Directions dated 12 March 2026 to allocate this claim to the Fast Track. The Small Claims Track remains the only appropriate and proportionate track for this matter.

2. Prior Procedural Agreement The Claimant draws the Court’s attention to the Directions Questionnaire filed by the Defendant's previous solicitors, Eversheds Sutherland, on 30 June 2025.

• In that filing, the Defendant explicitly agreed that the Small Claims Track was the appropriate track for this case.
• There has been no material change in the facts, the legal basis, or the value of the claim since that agreement was made.
• The Defendant has provided no valid reason to depart from their original position.

3. Proportionality and Access to Justice

• Capped Losses: While the Claimant’s actual business losses from the engine failure exceed £30,000, the claim was intentionally capped at £9,825.16. This was a deliberate act to ensure the case remained in the Small Claims Track.
• Litigant in Person: As a sole trader and Litigant in Person, the Claimant cannot manage the prohibitive costs or the procedural complexity of the Fast Track. The Fast Track requirements for standard disclosure by list, witness statement exchange, and a full-day trial are unmanageable for a non-legal professional.
• Simple Consumer Matter: This is a straightforward dispute regarding the durability of a timing chain under the Sale of Goods Act 1979. The evidence is already contained within the independent Expert Report and the manufacturer's 2025 recall for this exact fault.

4. Conclusion The Claimant requests that the Court rejects the Defendant’s Draft Directions regarding allocation. In accordance with the Overriding Objective, the case should remain in the Small Claims Track to ensure it is dealt with justly and at a proportionate cost.