Garage won't replace under warranty - What next??

[mcchriswood]

Hi guys.
Had major problems over the last few days with my Car.
On the 15th of septemeber this year i had the timing belt kit and water pump kit and all seals replaced on my Seat Ibiza 2ltr 16v GTI (1997) by a private garage.
Friday just gone (11th of december) on my way home from work the cambelt give way and went bang whilst i was coming down a link road doing about 60mph.
I thought not too worry its under 12 month guarantee so saturday morning i went back down to the garage and told them what had happened.
They was very shocked and said they would come get the car immediately but said they were not saying yet it was definately their fault.
Anyway after not much contact i went back down there today and they had the head off and all the bits in my car.
They are claiming a stone has come up (or something similar) smashed through the cambelt cover (which they remember apparently being loose) and hit the cam,belt thus snapping it.
Not i have seen the cambelt and it does have bits cut out of it as does the cover but surely when a belth snaps the tension of it snapping would snap the cover and the pulleys would take chunks out of the belt.
Either way its under warranty and they are not budging on this.
They have said the parts are getting picked up tomorrow for inspection by another company and said they will get back to me by the end of the week.
Now i have missed out on 2 days worth of work (im self employed) and have no car through no fault of my own.
I truely cant belive that the car has done 115k miles and this has never happened yet i get it changed and 150 miles (thats all ive done since) later and they are saying this.
What do you guys think??
And whats my next steps??
Thanks for reading
Chris

[Jordysport]

a warranty is a legally binding contract,

what are the terms of the warranty? if any?

are the garage accredited with someone like the "good garage scheme" if so threaten reporting them to them and taking legal action,

[mcchriswood]

there are no terms.
Just a 3000 or 12 month warranty with all arts supplied and fitted.
There is big notices and stickers up in the reception saying the meet certain standards etc.
Im thinking small claims court but a few people have said wait until they let me know what this indivdual report says.
But then its another weeks wait before i get the ball rolling by taking legal action.
They are basically saying its not there fault it snapped so the warranty is invalid.
I don't see how they can prove what done it though?
I need to obviosuly claim for costs on getting to work etc and all the hassle plus i want my car back

[Phsyco_Paff]

Ok stone flew up managed to get throught the cam cover then wedge inbetween the pully and cambelt witch smashed it to bits tbh there having you on.

If this is the case you one unlucky fucker lol'z

[J222JRA]

Sounds imo like you have used a very poor garage. This is why garages have to pay insurance premiums to cover themselves.

I would think about contacting Trading standards.

[mcchriswood]

they are actually a very well known renound garage.
Pricy too.
Vw advised i used them as i wouldnt pay VW because of the high price.
They were still extremely expensive compared to alot of the garages run by cowboys

[reevesy_vtr]

I had a problem with my bmw when i got it and they tryed the its not our problem trick and i just said About the sale of goods act and trading standereds ect and they sorted it. There are loads it these no win no claim solicitors that would jump on a case like yours. DO NOT BACK DOWN OVER ANY THING. Dont call them anymore write to them and make a copy of any letters and ask for they responce in writing. they dont have a leg to stand on TRUST ME (my dads a solicitor). Call trading standereds in the morning and start the ball rolling and if you need a car hire one and then claim that back through the garage.

[Liam]

I had a problem with my bmw when i got it and they tryed the its not our problem trick and i just said About the sale of goods act and trading standereds ect and they sorted it. There are loads it these no win no claim solicitors that would jump on a case like yours. DO NOT BACK DOWN OVER ANY THING. Dont call them anymore write to them and make a copy of any letters and ask for they responce in writing. they dont have a leg to stand on TRUST ME (my dads a solicitor). Call trading standereds in the morning and start the ball rolling and if you need a car hire one and then claim that back through the garage.

My mates dad is a solicitor and according to him everything that falls under a contractual agreement need's to be sorted through Consumer Direct. He may be wrong on this, but when I had a problem with Phones4u screwing on a contract, Consumer Direct sorted me out.

[mcchriswood]

right so in the morning regardless of whether they say these parts are being picked up for inpection i need too ring trading standards.
After i have notified them where do i go from there?
If i write a letter to them whats too say i will get a response.
In my first letter should i explain exactly what has happened soo far and askj them what happens from here on out??
Thank for your help guys
Chris

[Liam]

right so in the morning regardless of whether they say these parts are being picked up for inpection i need too ring trading standards.
After i have notified them where do i go from there?
If i write a letter to them whats too say i will get a response.
In my first letter should i explain exactly what has happened soo far and askj them what happens from here on out??
Thank for your help guys
Chris

Or Consumer Direct ;)

[mcchriswood]

right just looked on there site and think i will give them a go also.
So i just ring consumer direct and explain what has happened.
It costs 70 odd quid to take it too small claims court so i think id rather see what other ways first and use that as a last resort.
Im so out of pocket after paying the initial 450 pound for the work to be done let alone for them too now be expecting me too pay for an engine rebuild

[Liam]

right just looked on there site and think i will give them a go also.
So i just ring consumer direct and explain what has happened.
It costs 70 odd quid to take it too small claims court so i think id rather see what other ways first and use that as a last resort.
Im so out of pocket after paying the initial 450 pound for the work to be done let alone for them too now be expecting me too pay for an engine rebuild

They sort it all for you, and generally when Consumer Direct feel you have a case you're gonna be alright. They will give you a base letter to write to the garage and if the garage continue to be asses Consumer Direct will take them to court for you. I didn't have to go that far luckily. Company's generally shit themselves if you go to Consumer Direct. Give it whirl.

[mcchriswood]

does it cost??

[Liam]

No, it's run by the Government mate.

[mcchriswood]

On the 21/09/2009 i booked my car (Seat Ibiza GTI 2.0 16v) into MY Motoring Centres garage for my timing belt to be changed along with waterpump etc.
They fitted the full timing belt kit, water pump and water pump seal. The total cost to me was £412.18 The cars mileage when this was done was 114491. I have a full receipt and invoice here and all parts fitted and supplied come with a 12month warranty from the garage.
On 11/12/2009 the timing belt snapped whilst i was coming home from work. The mileage was little over 115000 when it snapped.
I had the belt initially replaced as i knew how big a job it was if it did go thus needing an engine rebuild costing excessive amounts of money.
On the 12/12/2009 first thing in the morning i went down to the garage and told them what had happened and they said they had never had this happen before and looked a little worried.
They picked the car up from me at 10.30 am on the 12th (2 hours after me going down there)
They promised too look at it and get back to me however they didn't and i rung them an hour before they closed.
They said they hadn't had a chance and it would be priority on the monday morning (14/12/2009)
They hadnt rung again on the monday so i rang them and they said they had been looking at it all day and they couldnt see where the fault was and they had been assured they had the belt put on correctly.
I was expecting them too start the rebuild as it was clearly down too them that this problem has occured and something wasn't fitted correctly. This was not the case.
I then spoke to them on the 15th (tuesday) and they say they believe something has come up off the road, broke through the strong plastic cover and hit the belt thus causing it too snap. Something like a stone they said.
On hearing this i rung the VW garage (same as Seat)
They assured me this was not the case and is near impossible.
They mentioned the car had done 115000 miles prior to this without problems and a few hundred miles after they have fitted a new kit it happens.
Co-incidence i think not.
They then said a technician is looking at the parts this week to try and determine what happened.
This is where i stand now.
I have no car and have to get to work

[mcchriswood]

the above is how i drafted my complaint to consumer direct
Thanks

[reevesy_vtr]

that looks about right(the letter). Sorry i thought that you brought the car and a warranty with it, defo cunsumer direct and can you find out the make of the belt that the garage fitted as you could ask them about the stone coming through the plastic housing and see what they say. The garage should be able to send the belt back to the maker as they would know what it takes to snap 1. I would guess they had the belt to tight and after time that made it brittle.

[mcchriswood]

surely if a stone makes it snap then there is a problem with the belt then??
If worst comes too worst and a stone has got in there then who is liable??
Them for not putting the cover on properly??
I dont see how anyone can prove anything??
i cant prove they put it on worng and they cant prove its down too a stone??