Over 2 months and still not repaired

[cdti_88]

Hey guys, its a long one so please bare with me!

 

2005 Saab 9-3 bought off from a garage with 54K on 01/07/11. 3K later, car presents with EML around beginning of December and take it back to garage. They simply turn off the light with a diagnostic tool and advise to wait and see if it comes back on. Light is back on a week or so later and they advise us to go through warranty company.

12 months warranty was purchased at the time of the sale from garage but with no explanation of claim limit and whats covered etc.

Warranty coompany say take it to Halfords, car was driven to halfords on 14/12/11 and is still currently there. Long story short, cambelt jumped teeth leading to bent valves was the original diagnosis.

Warranty company tried to wiggle out but Halfords argued our corner and they sent oit an engineer in new year and repair work authorised (cost £1031) and completed by 13/01/12.

Expecting to pick the car up we were told that further issues were present namely loud knocking noise and not revving past 3000rpm. As we had been without a car for a month, Halfords gave us a courtesy car.

Car was stripped with no fault found so sent on a recovery truck to diesel specialist. Diesel specialist unable to find a fault so car sent back to Halfords. Halfords then discovered the fault to be throttle body (revving issue) and small end bearing (knocking).

On 17/02/12, Halfords tell us car can't be repaired under warranty as max claim limit of £1000 has been used. They want the courtesy car back and suggest we take it up with garage we bought it off. Garage are suggesting Halfords are incompetent and they have no responsibility to fix the car. Consumer Direct suggest I send a formal letter to garage which I will do.

 

Now it's been two months and the car is currently at Halfords with the engine still stripped. Forgot to say, Halfords recommend a replacement second hand engine rather than repair as labour will be less and poses less risk as further engine parts may be damaged. Halfords say we can keep the car there for free (they can charge storage apparently) although its not kept indoors. Desperately need a car so having to SORN Saab which Halfords are aware of and buy a runaround till it gets resolved.

 

Now on the 31/12/11, I presented the garage with a letter before action outlining SOGA and my consumer rights, while also making them aware of my outcomes and a time period of 7 days for reply. I know it's been nearly 2 months since the letter before action but can I proceed with action now or should I send another letter before action?

 

Thanks for any help guys!

[oddjobbob]

its a difficult one... the dealer has to prove that the fault ws not there at the time of purchase.. and it obviuosly wasn't as the eML light was not on and it presumably drove satisfactorily.

 

A cambelt doesn't normally 'jump' teeth, I suspect here that Halfords have put the cambelt back on onr totth 'out' and this is what has bent the valve(s).

 

And its not the dealer's fault if halfords are incompetent.

 

The thing is that the eML and the jumped cambelt are definitely 2 separate problems, the EML probably caused by a lambda sensor or similar, the cambelt by halford's incompetence.

 

The dealer in my opinion isn't really liablr here, as it is obviuos that the fault did not exist at the time of purchase.

 

Sorry that it might not be what you want to hear, but I think this could get long and involved.....

[my-spirit-soars-free]

I am not convinced...

 

If you drive down the road, and the wheel falls off, then it was obviously ok when purchased, you drove down the road. If the engine falls out the next day, that was fine too, it was in there when you left.

 

Most people would argue that there was already a problem that only showed itself after you went down the road. The EML could well be caused by a long standing fault that had just got slightly worse - from what I have heard it is often possible to fix the EML light by doing a reset, and sometimes the fault does not come back for weeks, then every time the reset is used it clears the fault for less time, the fault getting progressively worse.

[oddjobbob]

I'm not saying it's not the dealers fault.. but the OP may well have a hard job showing that it was.

 

But it is obviously 2 different probelms with NO report from the op of small end knock or vlave problems prior to its going to halfords for repair.

 

I still think hlfords have put the cambelt back on a tooth or two out.

[cdti_88]

Sorry just to clear something up, the fault the car went in with was EML light and knocking, not sure whether before it went in it would go above 3000 revs to be honest.

[oddjobbob]

OP I thuoght it was just the EML light, as per yourfirst post.

 

According to you the knocking was diagnosed later?

 

I still think halfords have coked this u by putting the cambelt back on a tooth out... very bad news on a diesel!...

[cdti_88]

A noticable knocking noise was present at the time of the car going into Halfords. Although I haven't heard it myself the knocking noise is still present. How have you come to the diagnosis that Halfords did not put the cambelt on properly?

 

edit: Having re-read your first post oddjobbob, I think you may have misread read my OP. The car was faulty before going into Halfords, the diagnosis for the fault was defined as 'Cambelt jumped teeth, leading to 6 bent valves'.

 

Consumer Direct advise a pursue a claim against the garage. Now having already sent the garage a letter before action on new years eve, should I send another one now that the situation is slightly different?

Edited February 26, 2012 by cdti_88

[oddjobbob]

yes i thought the knocking and cambelt occured after it went into halfords