Potential legal help? - Car problem

Xire · 15 Jan 2018 at 11:07

I figured this is a general related topic as opposed to car specific so I hope this thread is ok here.

So recently my car broke down, the chain tensioner retainer failed and completely messed up my engine. I took it to the garage and the repair costs have been estimated to be around £1500 - £2000, I have shoped around for quotes and this seems to be about right for the work being carried out.

During my research on the problem I came across this

http://ukcar.reviews/volkswagen-scirocco-1s-2008-problems-recalls/

"2008-12 Volkswagen 1S Scirocco 2.0 TSI: chain tensioner retainer failure"

For 1.8 TFSI/TSI and 2.0 TFSI/TSI EA888 engines that were manufactured from 2008 to 1 May 2012, the chain tensioner retainer was susceptible to failure. If this occurred, the pistons and valves could collide and cause serious engine damage. The chain tensioners could fail as early as 30,000 kilometres and it is recommended that owners have the most recent chain tensioner retainer fitted as a preventative measure. For UK deliveries, affected vehicles included:

The Volkswagen 1S Scirocco 2.0 TSI 200 PS (engine code: CAWB); and,

The Volkswagen 1S Scirocco 2.0 TSI 210 PS (engine code: CCZB).

This is exactly what has happened to my car and this is my engine. Where do I stand here? They say they issued a recall of the vehicle to have the timing chain replaced but I never recieved anything, no phone call, email, anything. Surely legally they should be compensating me here? im now going to be down £2000 due to a production error.

ci_newman · 15 Jan 2018 at 11:58

You need a bit more background really.

How old is your car and what mileage has it done? How long have you owned it? Have you have it serviced by VW at every service?

You may get a good-will payment towards the repair, but on a car of this age I suspect you won't have much luck.

Hades · 15 Jan 2018 at 12:05

Hmm, I'm a bit worried now as I have th esame engine in my mk6 Golf GTI. I'll call the dealer to check whether mine was done.

But onto your problem... how long have you had the car? Did you buy it new or approved used? Do VW have your current address (e.g. have you moved since you bought it from them)?

Chris Wilson · 15 Jan 2018 at 12:08

Do VW state whether this is a free update or if you are expected to pay for it? I suspect you will struggle to get anything from them myself.

NewGamer11 · 15 Jan 2018 at 12:10

You might get a goodwill payment. Only alternative is a class action lawsuit, where you get other people with the same problem together to sue VW.

VW aren’t as reliable as their reputation suggests, there were serious problems with the 1.4 ‘twincharger’ engine from the old Polo GTI for example.

Xire · 15 Jan 2018 at 12:33

I have had the car 5 years now, its a 2009 plate and done 70,000 miles. It had full VW service history untill 2 years ago where I took it to normal garage. Its had full MOT and service though each year.

VW state that the fix would have been free of charge.

Kenai · 15 Jan 2018 at 12:35

I wasn't aware they ever actually issued a recall for the (pretty well known) tensioner issue, I can't see you getting far with this.

Interestingly I thought my 2.0TFSI was prone to this but your link suggests 2008 onwards and mine is a 2006 car, so maybe I don't need to be quite so twitchy on that particular issue.

Xire · 15 Jan 2018 at 12:40

Guess im down 2 grand, what a great start to the week.

Kenai · 15 Jan 2018 at 12:46

It's always worth a try, if you don't ask you don't get but I'd want to be a bit more certain of the 'recall' situation myself so you know how hard to chase it.

josh_sheffield · 15 Jan 2018 at 12:59

Xire said:
I have had the car 5 years now, its a 2009 plate and done 70,000 miles. It had full VW service history untill 2 years ago where I took it to normal garage. Its had full MOT and service though each year.

VW state that the fix would have been free of charge.

Surely VW have some liability if the car was being serviced by themselves and they didn't bring it to your attention when the car was being serviced? I would have thought one of the first things they would do when a car went in for a service was check if there were any recalls applicable to the vehicle and if they had been sorted out. Might take a bit of arguing but I imagine you will be able to at least get some discount from them for the repair.

ci_newman · 15 Jan 2018 at 13:54

Xire said:
I have had the car 5 years now, its a 2009 plate and done 70,000 miles. It had full VW service history untill 2 years ago where I took it to normal garage. Its had full MOT and service though each year.

VW state that the fix would have been free of charge.

9 years old and 70,000 miles - you haven't got a hopes chance in hell of getting VW to cover that - sorry

Xire · 15 Jan 2018 at 15:45

ci_newman said:
9 years old and 70,000 miles - you haven't got a hopes chance in hell of getting VW to cover that - sorry

The recall was only 6 months ago though...People were apparently informed. I was not.

tom_nieto · 15 Jan 2018 at 15:50

Xire said:
The recall was only 6 months ago though...People were apparently informed. I was not.

If you haven’t owned the car from new and you’ve taken it out of the dealer network for servicing I can’t see them finding you to issue a recall.

Jono8 · 15 Jan 2018 at 16:57

Tricky one this. By all means contact VW and try, but i'm not sure you really have much comeback considering the age and mileage, and also considering you haven't taken it to VW for the last few years. If you were still having it serviced there and they hadnt told you about the recall then i think you might have more of a case.

Another major thing - did you buy it from a VW garage?

touch · 15 Jan 2018 at 17:05

Have you also changed address since you bought the car?

ci_newman · 15 Jan 2018 at 17:10

Xire said:
The recall was only 6 months ago though...People were apparently informed. I was not.

IIRC, Dealerships only have a responsibility of care if the recall is related to a safety issue.

The chain tensioners could fail as early as 30,000 kilometres and it is recommended that owners have the most recent chain tensioner retainer fitted as a preventative measure

Click to expand...

This phrase doesn't actually say that the repair work would have been free, just that they recommend owners have the tensioner replaced. If the car was out of warranty (which in this case it is), the recall wouldn't have been free anyway.

Jono8 · 15 Jan 2018 at 17:15

ci_newman said:
IIRC, Dealerships only have a responsibility of care if the recall is related to a safety issue.

Indeed. I got a RM special delivery letter from Renault that contained a replacement page for the manual of my car as they had written the wrong instructions in regard to the operation of the electric windows.

trigg_27 · 15 Jan 2018 at 17:36

From the age of the car, would it even be worth spending the money on a repair? For £2000 I'd be looking at getting something a little younger than that

NewGamer11 · 15 Jan 2018 at 17:40

Have you looked at VW dedicated forums to see if there is anyone else in the same boat?

Xire · 15 Jan 2018 at 19:39

touch said:
Have you also changed address since you bought the car?

Nope.

trigg_27 said:
From the age of the car, would it even be worth spending the money on a repair? For £2000 I'd be looking at getting something a little younger than that

The car is going for around 6.5k on auto trader, so yeah, still makes sense to repair it then sell it on

NewGamer11 said:
Have you looked at VW dedicated forums to see if there is anyone else in the same boat?

I have had a look yeah, there is a potential lawsuit going on in the US

https://defectiveconsumerproducts.wordpress.com/2016/01/30/vw-audi-timing-chain-tensioner/#comments