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

[Frank1]

What 6.1.3 is implying is that there was a special warranty in place at the time your van broke down that increased the maximum mileage from 60k to 93k. Is this correct?

This clause ends with the statement that as your car had already broken down in July 2023, the extended special warranty introduced in 2025 did not apply to your van.
So the question is had your vehicle still been on the road in June 2025 and covered less than 150k miles, would the extended special warranty have applied to your van? The correct answer should be yes.

No you can't reply to the defence. You should draft questions ready for the final hearing to ask the defendant after he has put forward his witness statement.

The timetable for the hearing should show the time allocated for witness statements and questions.

[WhiteVanMan5]

I think they are referring to this from July 2025 https://www.media.stellantis.com/uk-...pean-consumers

I read that they are saying I am not eligible for that special coverage because at the time my vehicle broke in 2023, it was 2 years before they introduced the special coverage.
The press release clearly states that it covers vehicles manufactured between 2017 and 2023 - my van was produced in 2021.
It clearly states 150k miles - I think they have read it as 150k KM and converted that to 93k miles.
It also clearly states that maintenance performed by "any automotive professional according to the manufacturers recommendation" - which it was. As I understand it, under retained EU law, they can't insist servicing was carried out by a main dealer?

That is the part 20 defence. I presume I should still receive the defendants defence (by Sunday - so team of Lawyers, I guess it will be tomorrow).

This is my understanding of the court schedule:

Completed
29th March 2026 Served my updated Particulars of Claim

Due
12th April 2026 Both Defendants must submit updated defence
20th May 2026 List of Documents to be submitted
27th May 2026 Must request all documents I wish to view
24 June 2026 Expert should be agreed and instructed
22nd July 2026 Signed statements must be served
22nd July 2026 Expert will report
5 August 2026 Parties may put written questions to the expert
19 August 2026 Expert will reply to the questions
19 August 2026 Claimant to pay trial fee
19 August 2026 Up to date Schedule of Loss to be served
2nd September 2026 Defendents must serve any challenge
From 10th November 2026 Trial to be scheduled
Between 3 and 7 days before trial, defendant to file bundle of documents

I don't know quite why there is a delay of 6 weeks to submit a list of documents.

[Frank1]

Now the part 20 defendant is a party in the proceedings the first defendant should be able to recover their reasonable legal costs from the second defendant under cca 74.
It's the part 20 defendant's defence that you should concentrate on when drafting questions.
When the defendant stated that the recall work may only involve listening for abnormal noises emanating from a failing chain, he appears to have admitted that there is a recognised problem with the chain fitted to this particular engine.
Don't forget on the court schedule your one day to make a court application if you are unable to agree on the SJE

[WhiteVanMan5]

Can the first defendant recover legal costs from the Part 20 defendant in the small claims track?

Something I was wondering today, can the part 20 defendant introduce their own Part 20 defendant (and should they have)? Specifically Stellantis?

I feel like the biggest threat to me is legal procedure. On the merits of the case I'm confident in my case. Given the Part 20 defendant does not have legal representation, are the lawyers (whomever they're representing - in this case the defendant) not the biggest worry?

I received the Defendant defence today. I'll prepare it and post it. Surprisingly to me they did keep a lot of the original defence (from different lawyers) in place. They gave a clear version and a "redline version" (to highlight changes)

Good catch on the SJE.

[WhiteVanMan5]

[Frank1]

Your post 335 the documents won't open.
The part 20 defendant's defence opens without a problem

[WhiteVanMan5]

Your post 335 the documents won't open.
The part 20 defendant's defence opens without a problem

How strange - it works for me above now - but when I try it in an InPrivate browser session, it doesn't show.

Lets try again, this time with external hosting.....

[Frank1]

Thanks.
My initial observations:

11.2 refers to "cam belt" and "belt" not chain A belt should be weaker than a chain and more prone to failure.

The defence has been padded out with sections of the FOS
decision which is now out of date.
11 1.1.A ) "I did some research online and I wasn't able to identify this issue as a well known issue. It certainly isn't something that Vauxhall have done a recall on."

As expected clause 15
The solicitor has stated you do not have court permission to rely on your inspectors report.
You posted that the judge had agreed to two expert reports but the court directions only state a SJE.
You should check the inspectors report to ensure it is fully cpr 35 compliant. You may have to make a court application requesting your inspector be appointed the SJE.

[WhiteVanMan5]

Yes. Absolutely. In the early days there was a lot of conflation of the Belt and the Chain, including by me. It seems to confuse everyone that the vehicle has both a belt and a chain and that the chain does not come with any service requirements.

I wrote to the court on 28th March seeking clarification on my expert. I haven't had any response or acknowledgement yet. I understood that 2 expert reports had been agreed. Specifically the defence spoke about the complexity that was involved with 3 parties (Myself, defence and part 20 defendant) cross examining 2 experts in their argument for fast track instead of small claims. I do question my understanding now however. For a "layman", the whole process is incredibly difficult and confusing at times.

The inspector is used to testifying in court and he specifically made my reports compliant for court.

Should I be doing anything now about the SJE? Should the defence be doing anything? I'm not aware of any steps forward that have been taken to find a SJE. My inspector is highly qualified - I assume it is reasonable for me to object to any "expert" that is less qualified?

[Frank1]

A consKumer may have a claim for negligence against a manufacturer for defective goods even though there is no direct contractual relationship.
The safety recall to inspect the 7mm chain and if necessary replace it is now officially on the government website.
Over twenty thousand vehicles are affected in the UK
Compiling a list this size of affected vehicles is clearly going to take some time and this may explain why your van does not appear on the recall database yet.
It wouldn't surprise me if a solicitor starts a class action against Stellantis in the future and advertises for affected vehicle owners to join the action.
A cam chain snapping without warning when driving in the middle or outer lane of a busy motorway could result in a serious accident.

[Frank1]

No you have to wait for the defendant to approach you about the SJE
You should object to any inspector other than your own not just on the grounds of qualification and expertise but also on timing (far too late now for an inspection and report to be of any real use).

[WhiteVanMan5]

I'm tempted to start posting additionally to here, in the vauxhall owners forum. Any thoughts on that? I feel increasing the profile of my case might be beneficial (and might introduce me to anyone else going through the legal process).

[AGreen8]

[QUOTE=WhiteVanMan5;n1718181]

Hi, the defence claim of "incorrect address for service" is simply a stalling timewaster.
Documents can be served to any address in England or Wales where the defence can be reasonably assumed to be carrying out business, regardless of their registered address.
(Check the law - I know I am right on this)
.
They are trying very hard to shake you off - you obviously have a valid claim on them and they are frightened. I would not be surprised if Stellantis are assisting with this.
The Vauxhall dealer will know exactly which chain is fitted - they have changed thousands of them. The dealer has been told to stall you.

The very best of luck.

[Frank1]

Can you post the first two and last pages of your inspectors report with names redacted?

[WhiteVanMan5]