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

[Frank1]

No. As the directions do not state you can reply to the defences that should be submitted in the next 2 weeks, you can't reply to those either.
You should have the opportunity to question the defences when the defendants present their witness statements at the final hearing in November

[Frank1]

Your post 313
Both defendants have been given the opportunity to file amended defences but you haven't been given the chance to file replies to defences

[WhiteVanMan5]

Your post 313
Both defendants have been given the opportunity to file amended defences but you haven't been given the chance to file replies to defences

Should the Part 20 defendant be serving me?

[Frank1]

Yes. Did you serve amended poc on part 20 defendant?

[WhiteVanMan5]

Yes. Did you serve amended poc on part 20 defendant?

Yes I did. I'm just a bit concerned that I haven't ever received anything from them in relation to this case.

[WhiteVanMan5]

I haven't had an autoacknowledgement from the court that they received my email. Should I print the email off and send it by post as well?

[Frank1]

Have a read of PD 5B
Check your email meets the requirements

Lewes combined court does not have automated confirmation of receipt of email.

[WhiteVanMan5]

I'm struggling to understand the terminology of PD 5.1B. ("(b) the person who has signed the statement of truth has applied a facsimile of their signature to the statement in the document by electronic means.")

My ammended POC was 3 pages long.
I printed off page 3, signed it physically, scanned it back in, then replaced page 3 in the document with the scanned page.
I then printed off the document as a PDF and sent the PDF to the court (and defendants) by email.

I have kept and filed the document with the original signature.

[Frank1]

That's okay
I have just watched a short video on YouTube where the mechanic (David at Kazab) compared the 8mm and 7mm chains alongside each other There is a noticeable difference in size, looks much more than 1mm

[Frank1]

Does your inspectors report end with the statement of truth, text as provided in PD 5B 5?

[Frank1]

Post 323 para 1
It means the person needs to print their name alongside or under their copied signature

[WhiteVanMan5]

My version is as 5.1(a) - i.e. just his name typed underneath the statement of truth. I would presume he has the original signed version.

[Frank1]

You may have already read the article "Independent technical reports " on the Motor Ombudsman website.
Ideally the inspection and investigation should take place within 48 hours of the breakdown which seems a tad unrealistic. Failing that asap.

[WhiteVanMan5]

Part 20 Defence received today.

They are fundamentally wrong in their claim that the Extended coverage is only applicable up to 93,000 miles. I think they have taken 150,000 KM and converted it to miles. Everything I can see says that it is 150,000 miles or 240,000 km (or 10 years). Presumably I don't have the opportunity to respond to that at this stage?

[WhiteVanMan5]

On a seperate note, my second Stellantis van (Peugeot Partner) which broke down in Belgium (it's still there) in the first week of February.

I heard from RAC this week. Stellantis had paid for the diagnosis of the "worn timing chain" which confirmed the issue - Stellantis have now given the go ahead for the repairs (presumably replacement timing chain) to be completed under extended warranty. The garage hope to complete that this week.

Comparing the Vauxhall Combo in the court case against the Peugeot Partner they are repairing:

Combo chain snapped destroying the engine v Partner chain was "worn" not destroying the engine.
Combo mileage at time was 114k miles v Partner mileage at the time of 130k miles.
Combo age at the time was approximately 1 year and 8 months v Partner at the time age of 2 years 4 months

Combo was serviced every 25k miles (4 times in total) in line with manufacturers recommendations. First 3 service at main dealers, 4th service at independant garage.
Partner was over serviced approximately every 12,500 miles, all at main dealers.

It's tough to see how they decide to take responsability for the Partner, but not the Combo. Only factors I can see are:
- non main dealer final service on Combo
or
- the outcome - destroyed engine v's caught in time