Following an abortive installation of a radiator to my 1997 Peugeot 306 D-Turbo [one owner from new] resulting in the bottom hose becoming detached from the radiator, with subsequent loss of coolant [no overheating at this point, stopped immediatly low coolant warning light appeared ] I summoned my recovery/breakdown service, whose operative securely refixed the bottom hose, but failed to bleed the system, resulting in an an 'emergency' stop a few miles down the road, with engine warning 'stop' light illuminated, and engine fan operating. Symtoms of a blown main head gasket are indicated.
Who in your opinion should I take to court, the garage or the recovery service ie., the garage who indirectly caused the blown gasket [by the abortive installation of the radiator] , or the recovery service who directly caused the blown gasket [by failing to bleed the cooling system] notwithstanding, that they would not have been involved whatsoever, had the garage not undertaken an abortive repair?
Also, anyone with any experience of County Court [small claims] in respect of abortive repairs undertaken by garages?
Would welcome your opinion [s] on this one. - thanking you in anticipation.
Robroy.
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& the reason the original radiator was replaced?
If it was leaking the system may of been failing to pressureize! poss causing water to boil but not overheat causing hot spots in the head weakening the headgasket!.
2 If the system couldn't pressurize due to however small a leak you wouldn't know whether head gasket was failing untill new rad fitted & then pressure may of increased.
3 the hose design on these is poor & I have come across a lot where they have burst off!
4 Did the garage recommend replacing the hoses as the couplings do deteriorate & did you refuse to pay additional costs to replace the expensive hoses?
5 Are the garage involved a member of any assosiation?
6 Have you tried discussing an arrangment with the garage to come to some compromise? nearly alway's best.
7 can you prove the recovery failed to bleed properly or is it just another persons opinion?
IJ
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small claims court only works if the other party (should you win of course) agrees to abide by it. If the other party refuses to cough up, in theory that would mean a court bailiff getting involved to recover the monies....and therein lies the problem...it never seems to happen
so like everything else in life...the decent pay up....the oik does not
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When I got a judgement against someone, for a piffling sum of money, the bailiffs went in and put stickers on the stuff they were going to come back and take away 48 hours later. As it was World Cup coming up, the potential loss of his TV, 3 Piece suite and fridge, concentrated his mind wonderfully. I think your difficulty wil start with getting a judgement against someone, to enforce. We have to hope that DVD pitches up and gives you his wisdom on this one!
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If you feel at least one of them is at fault you could take them both to court! I did this once when our solicitor acted poorly during a house purchase ( the vendor was initially the problem) resulting in extra expense. I beat them both!!!
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Keep it simple! - wonderful book - was the author Edward G De Bono? I am still awaiting comments from the Breakdown/Recovery service following a 'shot accross the bows' style of letter....Hmmmmmm sounds good, but surely [in my case anyway] my costs in association with two MHG's wouldn't be quite right......
Edited by Dynamic Dave on 08/03/2008 at 21:01
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Like your answer, and sorry to be a 'thicko,' but who is DVD? - sounds like a good person to know!
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who is DVD? -
Dwight Van Driver. A forum search will bring up past postings. He also currently has a sticky post (Parking Law wef 31st March 2008) at the top of this page.
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Thanks for your reply - I must admit, I am of the opinion that if the CC judge rules in your favour, if the loser is 'a person of substance' the bailiffs don't mess about, in the event of the loser not complying with the court order. Comments noted and appreciated.
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Thanks for your reply - will try my best to respond, notwithstanding limited technical knowledge.
1.Radiator was leaking, tried radweld but in the end instructed garage to fit new rad. Up till installation of rad, the temp gauge always registered 90 degrees, release of the rad cap always gave a 'hissing' noise indicating a release of pressure, and the rubber washer to the cap remained in pristine condition. I take on board your comments.
2.The new rad failed about 4 months and over 3,000 after the intallation of the rad. I am informed that had there been an existing problem, the hose would have not lasted that long.
3. Your comments are as those of my expert witness ie., the bottom hose is a swine to fit and is required to be fixed in a certain way [excuse the non technical]
4. I am informed that it is good practice to fit new hoses together with associated clips, and no, I was not afforded the opportunity to have new hoses fitted [garage did not reccommend]
5.Nothing indicated on 'headed' notepaper, but I think he subscribes to a trade association legal advice bureau.
6.Yes, but when a new MHG together with skimming of head was mentioned, WW111 almost broke out!
7. Well, the first recovery operative, who spotted the new rad said straight away, the bottom hose ain't been fitted correctly, proceeded fill up with not nearly enough water, cosidering the inital loss of coolant and sent me on my way, [air lock I am since informed] broke down 3 miles down the road, with engine 'STOP' warning light illuminated, and engine fan on,- recovered on transporter.
The above is my answers to your points raised, and the following are a few further points. The radiator has not been installed as Peugeot intended ie., the plastic retaining clips do not engage the forward positioned air- con condensor [one merely abutts it and the other has been severed by a hacksaw!] The top hose was 15mm short of the 'raised rib - My present symtoms are [since the parting of the hose] are a temp gauge reading approx 75 degrees, coolant spitting out of the rad cap expansion pipe but now appears to have stopped without yet triggering the low level warning light, and notwithstanding the purchase of a brand new rad cap, the rubber washer has taken on a perished /wrinkled appearance. The garage is going to replace the thermostat [I think it is fully open - excessive heat apparantly causes wax to melt!] purchase a new cap in addition. He has also indicated that he may go some way to a MHG etc, but not if it was something existing....I totally accept that reasoning, but don't want to get involved with forensic engineering! I have run the car for 500 or so miles since the parting of the hose, with no problems other than symtoms described. Sorry the reply may be slightly confused....please come back on any specifics. Thanks.
Edited by Dynamic Dave on 08/03/2008 at 15:50
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