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

[WhiteVanMan5]

That's the second inspector report - Pages 1-2 and final page (excluding appendicies)

[WhiteVanMan5]

[QUOTE=AGreen8;n1718191]

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.

Yes, I feel Stellantis are involved somewhere - though not sure exactly where. I feel like that is why my van has not been recalled.

At the prelimanry hearing the judge asked me why Stellantis haven't recalled my van, and I stated that I believed it was because of the court case. She came back and asked me how they knew about the court case, and that was the one point in the hearing where I felt particularly stupid! I stated that I had initially gone through the Vauxhall complaints procedure and they were aware of the issues through that. However I'm pretty sure they're more heavily involved than that now. But it's pure "conspiracy theory".

I'm still pursuing Vauxhall for a straight answer to the question - what engine is in my van and why has it not been recalled yet. They haven't given an answer yet. I wonder if I can approach DVSA or something to get an answer from them. Indeed, I've just sent DVSA an enquiry.

[Frank1]

Thanks.
So the second investigation report is a follow on from the first report and both should be read together?
You should write to the inspector pointing out the court directions to appoint an agreed SJE , provide the dates in the directions and ask him to confirm he is prepared to become the SJE and that the dares for answering any written questions are okay

His partial dismantling and inspection of the engine was nearly 2 years ago. You could ask for his opinion on another investigation requiring an inspection that would take place in July this year.

[WhiteVanMan5]

Yes - The first report was done without any physical inspection of the van. The defendant said that wasn't good enough, so I recomissioned him to actually inspect the van. The second report followed on from the first.

I already have confirmation from him that he is prepared to be the SJE and that he is prepared to attend court (obviously he charges a fee a for that). I will double check the dates with him now I have them.

I will also seek his view on an inspection at this stage.

[WhiteVanMan5]

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.

I'm reading this here: https://www.themotorombudsman.org/co...hicle-reports/

I cannot find any reference to 48 hours - am I on the same page as you?

[Frank1]

I can't find the reference to 48 hours either. Just asap.

When you get round to drafting your documents list, read cpr part 31 beforehand and use form N265

[Frank1]

Have a read of the article "Faulty goods and frustrated customers, how the Consumer Rights Act 2015 works" by Paul Robinson Solicitors.
The SOGA is similar to CRA regarding buyers legal protection when purchasing goods.
Note the reference to "would a reasonable person consider the goods to be of satisfactory quality "

Considerations point 5 durability

Reasonableness considers:
1. any description o the goods
2. the price or other consideration for the goods
3. any public statement about the specific characteristics of the goods made by the seller or a representative.
.
It is important to remember for your witness statement how the van was described in any brochure or advert and what the salesman said to you about the vehicle at the time of purchase.

[Frank1]

So considering the last post, is it reasonable to expect a brand new van that has been maintained correctly and driven normally to last longer than 22 months regardless of mileage, before suffering catastrophic failure rendering the vehicle beyond economic repair?
The reasonable person would probably answer yes

[WhiteVanMan5]

Have a read of the article "Faulty goods and frustrated customers, how the Consumer Rights Act 2015 works" by Paul Robinson Solicitors.
The SOGA is similar to CRA regarding buyers legal protection when purchasing goods.
Note the reference to "would a reasonable person consider the goods to be of satisfactory quality "

Considerations point 5 durability

Reasonableness considers:
1. any description o the goods
2. the price or other consideration for the goods
3. any public statement about the specific characteristics of the goods made by the seller or a representative.
.
It is important to remember for your witness statement how the van was described in any brochure or advert and what the salesman said to you about the vehicle at the time of purchase.

I purchased online. There weren't really any specific representations made.

With respect to "driven normally", I get the impression that a major part of their defence is the high mileage I do.

[Frank1]

Vauxhall are presently advertising the combo as "your reliable partner for each task" and
"Whether you're driving to a customer around the corner, have to cover long distances, or need maximum performance with heavy loads, your Combo will do its job to the full satisfaction "
AI states a cam chain should last 150 to 300k miles and even the life of the vehicle

[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

Ok, just received a bit of a gut punch and not sure what to do.

My second van which broke down in Belgium at the beginning of February with a "worn timing chain".
Stellantis agreed to fund the diagnosis under extended warrantry to identify if it was the timing chain. This identified that it was.
Stellantis then agreed to carry out repairs under extended warranty to fix it.
The garage has now decided that the engine is damaged and the only fix is to fit a replacement engine.
Stellantis have now changed their minds and decided that they are no longer prepared to fund the repairs under extended warranty.

I don't know where I go from here. The van is still in Belgium.

[Frank1]

You could refer your dispute to the motor Ombudsman. Enclose the correspondence from Stellantis and the garage confirming they would repair the engine after an inspection and report that found a defective chain was at fault. Also enclose service invoices.

[Frank1]

Have you received replies from the court or the automotive engineer?

[WhiteVanMan5]

The Motor Ombudsman won't get involved where the vehicle is used primarily for business use. (though a quick check on AI suggests they might get involved in business cases where the dispute is in relation to warranties or extended warranties.)

No response from the court yet in relation to the query about relying on my expert.
I haven't heard anything from the defendants yet about appointing a joint expert. Indeed I haven't heard from them about anything anything other than the filed defences.
My inspector has confirmed he will try to be available for any court hearing if required, or to deal with the court as required if he is appointed as the expert.

[Frank1]

Good news that the inspector should be able to comply with court dates Did he give his opinion on the usefulness of an inspection and report on the engine being carried out so long after the breakdown?
You could phone the court to find out about progress regarding your email.