General the legal route

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General the legal route

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Apr 24, 2013
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Gosport Hants
back in march I bought a fiat multipla which those that have read my previous posts would know that I have had a few issues with.
Well the latest incident has seen my cambelt being shredded, a new one was fitted when I purchased the vehicle, just 4484 miles and 5 months ago.
It was recovered to the local garage but they would only remove the cover to determine why it wouldn't go. They refused to get any further involved as they said it may compromise my claim against the dealer.
I am now locked with the dealer and his solicitor, they claim that the new belt was fitted along with the tension rollers and if it hadn't been fitted correctly then it would have failed after a few miles. They didn't change the water pump as fiat do not add that as a recommendation.
they are slowly hanging themselves but I need more input regarding fitting of cambelts on the multipla anyone have knowledge of this :mad:
 
What do you want to know?
Did the cambelt just break or was there something else that took it out?
Was the tensioner replaced? Also the idler pulley??
Was the aux belt in tact? As on other cars its been known that the aux belt failing taking out the cambelt!
 
at the moment all we know is the cambelt has shredded, the garage it was towed to said that they wouldnt investigate further as it could compromise my claim against the dealer.
The dealer has now consulted his solicitor Lawdata and they are trying everything they can to say that the car was ok when I purchased it.
The cambelt was changed by a mobile mechanic called jeremy fix it in southampton, he claims that he fitted the new cambelt and roller kit, but didnt change the water pump as it doesnt recommend it in the manual.
Of all the mechanics and garages I have spoken too they say that they would recommend changing the water pump, some have even said they would ask the customer to sign a disclaimer,
what I am trying to determine now is the procedure for fitting the cambelt and tensioners, can these be fitted incorrectly, I have to eliminate all possibilities
 
A cambelt shredding is caused by being too tight, fouling something, or one of its driven pulleys not wanting to rotate.

Too tight? Is the tensioner manual or automatic?
Fouling? Should be evidence on whatever it has contacted. (This can happen if not tight enough, although it would normally jump teeth before shredding if too loose)
Seized/seizing pulleys. As well as camshaft, tensioner and water pump, does it drive anything else? Some have an idler pulley as well, is this free to rotate?

Sadly, water pump is a likely candidate.

Did you have any warranty from the dealer, separate from the repairs?

Are you a member of a motoring organisation? They will often help, sometimes with a fee.
 
I did have a 3 month warranty from the dealer, but a warranty is a useless bit of paper, the sale of goods act 1979 section 14 states that the vehicle must be of a satisfactory condition when sold or last a reasonable amount of time.
When I purchased the car at 68,000 miles the dealer said he would replace the cambelt, bearing in mind that a garage sits on his forecourt it makes me wonder why he called in a mobile mechanic to do the job, but thats on him.
The cambelt shredded 4484 miles later less than 6 months down the line. that doesnt constitute a reasonable amount of time. it could be the quality of the belt fitted, it could be any number of the things that you have stated above, unfortunately it needs to be stripped down to determine the cause.
I maintain that I haven't been sold a vehicle in a satisfactory condition and therefore require the dealer to recover the vehicle to his garage or indeed have Mr Fix it come out and determine the cause.
if the cambelt has failed due to being of poor quality then it is down to the dealer to make a claim against the manufacturer of that part.
Everything is down to the dealer, he is being uncooperatve and that is what makes me think he is at fault, a genuine dealer would have recovered it as a matter of customer satisfaction.
 
the aux belt,am assuming that is the one on the outside of the cover is intact although it seems to be a little loose, it looks as though it has come into contact with the cambelt cover
 
The auxiliary belt is the outer one that drives the alternator, aircon pump and power steering pump is hydraulic. These are usually quite tight, especially if you have aircon. It being loose suggests that this repairer may not be very good at tensioning belts. This could be significant. Ideally you need help from an independent engineer, such as AA or RAC.
 
...but at least it's intact. As boilerman said, it's been know for the aux belt to snap and take out the cambelt cover and cambelt in the process. That would have given a get-out to the dealer if they didn't replace the aux belt. As it stands, it looks as though the cambelt failed of its' own right. Which is good for you, sj.
 
its all about standing your ground, the dealer used his solicitor to try and intimidate me into dropping the claims saying it wouldn't hold up in court.
I gave him till wednesday of next week at 5 pm to recover the car or else I would commission an independent inspection from the RAC and would continue court action without further communications.
They are coming to pick up the car on Monday
 
Is that to carry out a repair, or will it be gone for good? If they're going to repair it, I'd take lots of photos before it goes and try to get a 'neutral' person to take a close look at it as a witness. You never know what the dealer might do to recover their costs...
 
it is being recovered to my local garage for an independent inspection, where it will be stripped down to determine the cause. Even though since day one I have been telling him it is probably the water pump they still sent me the following letter.
Dear Mr McConnell,

Our Client : Emerald Motor Company
Re : Fiat Multipla

We refer to your email of the 11th September 2013 the content has been noted.

There appears to be some confusion as to who refused to examine the vehicle but it would have been sensible for an inspection to have taken place.

In fact our client would again refer you to the terms of the 3 month warranty that you agreed which says you must return the vehicle to our client at your cost.

In any event on the information we have available so far is that our client is 99% sure that the condition is due to failed water pump which can be attributed to fair wear and tear and clearly not present at the time of purchase.

In the circumstances instead of wasting further costs on a further report we suggest you spend the money to recover the vehicle to your local garage or request AA/RAC breakdown to recover the vehicle and as a gesture of goodwill our client will pay 3 hours labour for the inspection to take place at Cawte and Elms.

We trust this clarifies the position.




Yours faithfully,




LAWDATA LIMITED
 
it is obvious that he used a mobile mechanic to try and get the cambelt done on the cheap and it has backfired on him, fortunately the internet is a wonderful thing.
All of you have been a great help and with the information taken from companies house showing his current liabilities at well over £150,000 i would say that the threat of a CCJ hanging over him has probably knocked the wind out of his sails a bit.
I can assume he is feeling a little deflated, why would he offer to pay for a garage inspection when I offered to pay for a RAC one
 
so thats the car been recovered to the garage for a strip down to determine the cause, still at no cost to me... waiting with baited breath for the results, I have told them to check the tensioner alignment as the aux belt was slack.... they may just think I know what I am talking about thanks to you guys ;)
 
it has been confirmed that the water pump has seized and shredded the belt, the garage have stated that in their opinion the best way forward is a new engine as a strip down and replacement of parts is not cost effective, a new waterpump from camberley auto factors is £19, cut corners just does not pay
 
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