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

[Frank1]

You could include a photo of the flat cover as well.
Difficult to believe that even a Vauxhall auto engineer is unable to tell the difference between a 7mm and 8mm cam chain.

[WhiteVanMan5]

It's disassembled, so , to the untrained eye of mine, I'm not sure exactly which part to photograph.

Yes, it's surprising that he couldn't identify which part was referred to as 7mm or 8mm, but I guess it's not a regular occurance to measure cam chains. I think he was quite surprised too when he tried to measure it and couldn't identify any part that matched either dimension.

[Frank1]

The cover has been removed, the fixing bolt holes are visible. Is the cover lying somewhere?

[WhiteVanMan5]

Yes - the expert disassembled it and laid it in the back of the van.

[Frank1]

Your combo appears on the government website:
www.check-vehicle-recalls.service.gov.uk
Vauxhall DV5R Engines Camshaft Chain
Recall number R/2025/245
Recall date 03-07-2025
Recall type: Safety Recall

A diagram showing the difference between the 7 and 8mm cam chain covers is provided at GTAutomotive
http://www.gtautomotiveparts.co.uk/e...hat-went-wrong

[Frank1]

It's the DVSA not DVLA that gets involved in safety recalls

[WhiteVanMan5]

Your combo appears on the government website:
www.check-vehicle-recalls.service.gov.uk
Vauxhall DV5R Engines Camshaft Chain
Recall number R/2025/245
Recall date 03-07-2025
Recall type: Safety Recall

A diagram showing the difference between the 7 and 8mm cam chain covers is provided at GTAutomotive
http://www.gtautomotiveparts.co.uk/e...hat-went-wrong

Yes, it shows if you put in the vehicle make, model and year.
However it does not show when you put in the registration or VIN.
The Vauxhall dealer did the check again yesterday and the recall did not come up on their system.

[WhiteVanMan5]

Your combo appears on the government website:
www.check-vehicle-recalls.service.gov.uk
Vauxhall DV5R Engines Camshaft Chain
Recall number R/2025/245
Recall date 03-07-2025
Recall type: Safety Recall

A diagram showing the difference between the 7 and 8mm cam chain covers is provided at GTAutomotive
http://www.gtautomotiveparts.co.uk/e...hat-went-wrong

Yes. That diagram confirms my camshaft chain cover engraving. There' is zero doubt I have the 7mm chain. It's solely a question of finding acceptable proof for the court! They specifically asked for a letter from Vauxhall confirming it.

[Frank1]

It's possible that even Vauxhall can't say for definite.
You have taken the chain to a Vauxhall garage and they were unable to say.
Apparently the recall work doesn't necessarily involve replacing the chain. If the garage is unable to hear a rattling sound they just lower the engine power, change the oil to a thicker one and trust to luck

[WhiteVanMan5]

It's possible that even Vauxhall can't say for definite.
You have taken the chain to a Vauxhall garage and they were unable to say.
Apparently the recall work doesn't necessarily involve replacing the chain. If the garage is unable to hear a rattling sound they just lower the engine power, change the oil to a thicker one and trust to luck

For complete clarity - I didn't take the chain with me to the garage when I went yesterday. I did say I could return with it, but I got the impression from them that that wouldn't be helpful.

It was interesteing speaking to the garage. They had 2 vehicles in there (a relatively small garage) with this engine and broken chains. He also spoke about the recall process. The audiology listening part is simply done through an app on their mobile phones. All other work in the garage has to stop whilst this is happening. They have NEVER had a vehicle fail the audiology test.

Your reading of it, reduce power, change the oil and trust to luck seems pretty much how the mechanic read it

[WhiteVanMan5]

New POC is coming together.
I'm struggling a bit at the moment on the claim amount.
Original claim was for £9,825.16, including £1,300 for expert report.
I now know that Expert report is capped at £750 and I cannot claim £1300.
If I reduce the Expert report by £550, can I increase other items by £550? (given that everything is artificially reduced anyway to stay in the small claims track).
If I do that, presumably the total still has to add up exactly to £9,825.16 in line with the original claim amount?

If the witness is called to testify in the hearing, I presume those charges will not be reclaimable either?

[WhiteVanMan5]

AI arguing I can claim the full £1300. I'm not persuaded. Do you have any insight?

The Expert Report Cost (£1,300 vs £750 limit): The £750 limit in the Small Claims Track applies to the costs awarded for an expert witness instructed during the court proceedings. Because Tesco Bank explicitly requested you to get these reports during the pre-action complaints stage, the £1,300 is actually part of your direct financial loss (special damages) resulting from their handling of the dispute, rather than a standard court cost. You should leave the full £1,300 in your breakdown. If the judge decides it falls under the £750 cap, they will simply reduce the award for that specific line item, but you must ask for your actual losses upfront.

[WhiteVanMan5]

AMENDED PARTICULARS OF CLAIM


Claim No: ********

Between: ******** (Claimant)

• and - ****** Bank (Defendant / Part 20 Claimant)
• and - ****** (Part 20 Defendant)

1. Introduction and Purchase
1.1 The Claimant is a sole trader operating as a Sameday Courier.
1.2 On 19 November 2021, the Claimant purchased a Vauxhall Combo 2300 L2 1.5 100 Sportive van, registration number ******* ("the Vehicle"), from the Part 20 Defendant for business use.
1.3 The purchase was part-funded using a credit facility provided by the Defendant. The Claimant brings this claim under Section 75 of the Consumer Credit Act 1974, which holds the Defendant jointly and severally liable for any breach of contract by the supplier.

2. Breach of Contract (Sale of Goods Act 1979)
2.1 Under Section 14(2) of the Sale of Goods Act 1979, there is an implied term that the Vehicle supplied must be of satisfactory quality, which explicitly includes the requirement of durability.
2.2 The Vehicle was not of satisfactory quality nor durable. It was supplied with a latent manufacturing defect; specifically, it was fitted with a substandard 7mm timing chain mechanism prone to premature catastrophic failure.

3. The Breakdown and Diagnosis
3.1 On 31 July 2023, the Vehicle suffered a catastrophic engine failure while in motion. The Claimant relies on dashcam footage showing the exact moment the timing chain snapped, causing immediate engine failure.
3.2 The Vehicle was recovered to a Vauxhall Dealership (***). The dealership confirmed the timing chain failure and the resulting destruction of the engine. The Claimant relies on an email from ********* of *** declining a request from Vauxhall Head Office to carry out further diagnostics, stating: "the Vehicle does not require further diagnostics, the fault has been confirmed."

4. Evidence of the Inherent Defect
4.1 The Claimant avers that the failure was not due to wear and tear, but an inherent defect present at the time of manufacture.
4.2 During the pre-action complaints process, the Defendant explicitly requested the Claimant to obtain independent expert evidence. Consequently, the Claimant relies on two independent expert reports prepared by *********** (dated 22 December 2023 and 24 May 2024), which conclusively state that the timing chain failure was caused by an inherent manufacturing problem.
4.3 The manufacturer is widely aware of this defect. The Claimant relies on an article published by technical journal L'Argus on 7 November 2022 (updated 15 January 2024) highlighting the widespread failure rate of this specific 1.5 diesel DV5 engine.

5. The Stellantis Safety Recall
5.1 On 3 July 2025, Stellantis issued a safety recall (Reference R/2025/319) specifically addressing the failure of the 7mm timing chain in this engine type.
5.2 The DVSA recall database confirms this recall applies to the make, model, and year of the Claimant's Vehicle.
5.3 The Claimant has physically verified that the Vehicle is fitted with the defective hardware targeted by the recall. The Claimant relies on photographic evidence of the camshaft casing on the Vehicle’s engine, which bears the engraved number 9812647280.
5.4 The Claimant relies on technical documentation confirming that the engraving 9812647280 is the definitive identifier of the defective 7mm timing chain setup subject to the manufacturer recall.

6. Losses and Small Claims Track Allocation
6.1 As a direct result of the breach of the implied term of durability, the Claimant has suffered financial loss.
6.2 The Claimant restricts the claim to the total sum of £9,825.16, broken down as follows:

• Van value loss: £5,421.00
• Independent Expert Reports (requested by Defendant): £1,300.00
• Vehicle Recovery: £132.96
• Lost Income: £2,971.20

6.3 The Claimant avers that this is a straightforward contractual dispute regarding a known, well-documented, and recalled defective component, supported by clear independent expert evidence obtained at the Defendant's request. It remains entirely suitable for the Small Claims Track.

7. Statement of Truth I believe that the facts stated in these Particulars of Claim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: _______________________
Name: ********
Date: _______________________

[Frank1]

You need to show how you have calculated Van value loss and Lost Income.
Separate the paragraph tagged onto lost Income.
I'm not sure about the sentence It remains entirely suitable for the small claims track. That's your opinion. The judge may think you've being over presumptuous.

[Frank1]

You should state the total price for the van and enclose a copy of the invoice. State the supply contract sum falls within the price band set by CCA 74, £100 to £30,000
You may want to add 1.4 to cover this.