Discussion
Something else has now happened to me and my car lol
It broke down outside my house (just as i got there from work) so i rang the AA as i was due to take it back for an MoT re-test in 10 minutes.
When we opened the bonnet, it turns out that the oil filter was no longer where it should have been, so all the oil had drained out and the engine has ceased!!
BUT, i had a full oil and oil filter change at a local Nissan main dealers 1 month ago, so obviously they either fitted the wrong sized one, didn't din't it up correctly or etc. Either way, i paid them to fit the oil filter and now it was not there, and as a direct result i need a new/re-conditioned engine!
I managed to get hold of the manager to see what he was now going to do about my car, and he just kept saying "you had an oil and filter change for £14.99, on the 28th May, and now it's the 2nd of July"!! Even when i stated that that was irrelevant (you WOULD also expect the oil filter to still be there for at least 12 months, wouldn't you!) and that why it came of sooner or later depended on various things, such as the amount of use the car has had, condition of he roads (how bumpy they were) and that they were now legally responsible for the damaged engine, and any related reasonably incurred expense (such as having the car towed, a courtesy/rented car for me to get to work in, etc) anyway.
But he said that how long i have driven it didn't matter, and kept repeating the same thing as above.
He said that if i got the car trailered to his garage (quite far, as they relocated now) he would get his engineers to have a look at it. But i would have to pay for it! lol
He also said that "it wouldn't stand up in any court in the UK" when i said that i was looking at it from a legal point of view, and that it wasn't my responsibility now to pay for having it repaired/towed etc.
Anyway, it seems that he is unwilling to accept responsibility for what has happened, so i am now writing him a letter stating the legal aspects of negligence and Supply of Goods and Services Act and giving him 7 days to either - accept full responsibilty, pick up my car, provide me with a courtesy car, and repair/replace the engine (it's a HUGE company too, it'd be nothing for them!) OR i am going to sue them.
It broke down outside my house (just as i got there from work) so i rang the AA as i was due to take it back for an MoT re-test in 10 minutes.
When we opened the bonnet, it turns out that the oil filter was no longer where it should have been, so all the oil had drained out and the engine has ceased!!
BUT, i had a full oil and oil filter change at a local Nissan main dealers 1 month ago, so obviously they either fitted the wrong sized one, didn't din't it up correctly or etc. Either way, i paid them to fit the oil filter and now it was not there, and as a direct result i need a new/re-conditioned engine!
I managed to get hold of the manager to see what he was now going to do about my car, and he just kept saying "you had an oil and filter change for £14.99, on the 28th May, and now it's the 2nd of July"!! Even when i stated that that was irrelevant (you WOULD also expect the oil filter to still be there for at least 12 months, wouldn't you!) and that why it came of sooner or later depended on various things, such as the amount of use the car has had, condition of he roads (how bumpy they were) and that they were now legally responsible for the damaged engine, and any related reasonably incurred expense (such as having the car towed, a courtesy/rented car for me to get to work in, etc) anyway.
But he said that how long i have driven it didn't matter, and kept repeating the same thing as above.
He said that if i got the car trailered to his garage (quite far, as they relocated now) he would get his engineers to have a look at it. But i would have to pay for it! lol
He also said that "it wouldn't stand up in any court in the UK" when i said that i was looking at it from a legal point of view, and that it wasn't my responsibility now to pay for having it repaired/towed etc.
Anyway, it seems that he is unwilling to accept responsibility for what has happened, so i am now writing him a letter stating the legal aspects of negligence and Supply of Goods and Services Act and giving him 7 days to either - accept full responsibilty, pick up my car, provide me with a courtesy car, and repair/replace the engine (it's a HUGE company too, it'd be nothing for them!) OR i am going to sue them.
Good luck
I had an oil and filter change at "Kwik fit" a couple of years ago, and the filter had rusted right through on the underside after EIGHT months....
Lucky I spotted the oil drips on my garage floor before the engine was F
d.......
To this day I cannot understand how a filter can rust when it has OIL inside it???...
KF sent me a voucher for a free oil change......
I had an oil and filter change at "Kwik fit" a couple of years ago, and the filter had rusted right through on the underside after EIGHT months....
Lucky I spotted the oil drips on my garage floor before the engine was F
d....... To this day I cannot understand how a filter can rust when it has OIL inside it???...
KF sent me a voucher for a free oil change......
It's just loads of hassle for me now too.
Have to get an independant engineer to come and write me a report (i already have one from the AA, who also advised me to sue), have the car towed to a garage/storage (as the road tax just ran out this month and i can't have it re-tested for MoT now, so couldn't get any tax), get it priced up for repairs (will need to take time off work for this too) and i need to sort out some transport too. Mainly so i can get to work, as there is public transport, but now i have to get up 1 hour earlier to get there on time, and also it doesn't go to where i work and i have to walk for 20 minutes from the nearest bus stop. Not nice when it's pouring down with rain.
And having no car at all, is just causing me a LOT of inconvenience anyway.
I think all my hair will fall out soon!! lol
How much does it cost to rent a car? Although i don't know how long i will need it for either, as i don't know how long it will be before the matter is resolved. Most places have to have a fixed period don't they?
Unfolrtunately i am a bit low on cash too. Tho WILL have enough to sue them, shuld it have to go that far.
Have to get an independant engineer to come and write me a report (i already have one from the AA, who also advised me to sue), have the car towed to a garage/storage (as the road tax just ran out this month and i can't have it re-tested for MoT now, so couldn't get any tax), get it priced up for repairs (will need to take time off work for this too) and i need to sort out some transport too. Mainly so i can get to work, as there is public transport, but now i have to get up 1 hour earlier to get there on time, and also it doesn't go to where i work and i have to walk for 20 minutes from the nearest bus stop. Not nice when it's pouring down with rain.
And having no car at all, is just causing me a LOT of inconvenience anyway.
I think all my hair will fall out soon!! lol
How much does it cost to rent a car? Although i don't know how long i will need it for either, as i don't know how long it will be before the matter is resolved. Most places have to have a fixed period don't they?
Unfolrtunately i am a bit low on cash too. Tho WILL have enough to sue them, shuld it have to go that far.
I'm no legal expert either cool marty, but I think I'm correct in saying that the "Small Claims Court" has a max claim of £5000 and would cost you £100 to take them there. Sounds though, like you may need more. Good Luck with it anyway! That's just sloppy workmanship to me, changed mine myself for years and it's never happened.
Oh! and DON'T forget!!! If it's a big company, they won't want the bad publicity. They may settle just before the hearing. Take advice, half an hour with a solicitor is free, but I'd say "go for it".
>> Edited by 8Pack on Sunday 4th July 13:02
Oh! and DON'T forget!!! If it's a big company, they won't want the bad publicity. They may settle just before the hearing. Take advice, half an hour with a solicitor is free, but I'd say "go for it".
>> Edited by 8Pack on Sunday 4th July 13:02
Question: How has the filter removed itself?
Have you got the filter in your possession?
If not, find it and fast! It must be somewhere along the route you last took.
The reason i ask is just that, if the filter wasnt tight, the oil would have been pumped out all over the road, long before the filter dropped off, in which case the oil light would have been on well before the engine died.
If you continued to drive it in that condition, then id suggest its your fault for not stopping.
Thats certainly the argument theyll use.
HTH.
Have you got the filter in your possession?
If not, find it and fast! It must be somewhere along the route you last took.
The reason i ask is just that, if the filter wasnt tight, the oil would have been pumped out all over the road, long before the filter dropped off, in which case the oil light would have been on well before the engine died.
If you continued to drive it in that condition, then id suggest its your fault for not stopping.
Thats certainly the argument theyll use.
HTH.
Had similar happen to one of my motors
9 month old turbo diesel van, it was using a lot of oil so took it back to the dealers a couple of times
and they changed oil, filter etc and tagged dipstick - we were no to put any oil in it and to take it back to them to check against mileage Picked motor up from garage and one of my staff took it on a job and made it less than 40 miles before the oil filter worked itself loose on the motorway spraying all and sundry with oil and grinding to a halt
I got a Brand new Engine (the service manager came very close to a right hander when he tried to ague that it wasnt their fault - stand your ground, if its a big dealer get into the service departmenty and create merry hell - the best time to do it is first thing in the morning or almost at the end of the day - the busiest time - when punters are dropping/collecting cars The oil pressure light would stay on until all the oil was gone.
The fact that there is no filter wouldn't make the light come on until it was too late- eg oil pumping ok - then no oil at all - oil light on - 2 secs later poorly engine.
The oil light is mainly designed to show low oil pressure, not NO oil pressure if you get my meaning.
Furthermore, If you take your car to have an oil filter 'professionally' fitted, then you have every right and expectation for it to stay on until the next oil change.
Who's fault would it have been if the wheel fell off and you hurt someone? Not yours I suspect, so I can't see any difference with an oil filter.
The fact that there is no filter wouldn't make the light come on until it was too late- eg oil pumping ok - then no oil at all - oil light on - 2 secs later poorly engine.
The oil light is mainly designed to show low oil pressure, not NO oil pressure if you get my meaning.
Furthermore, If you take your car to have an oil filter 'professionally' fitted, then you have every right and expectation for it to stay on until the next oil change.
Who's fault would it have been if the wheel fell off and you hurt someone? Not yours I suspect, so I can't see any difference with an oil filter.
You're obviously in the AA - do they provide legal assistance? Or maybe your car (or even house) insurance might have a legal protection cover.
I think it's reasonable to expect the oil filter to stay in place until the next scheduled service - on many cars now that's 2yrs or 20K miles. So a few wks is nothing.
Of course the garages first response is to tell you to go away - you may just need to make it clear that you're not going to do that.
Re the possibility of the filter being faulty - not too sure about that but IIRC your recourse is to the supplier of the service, so it probably doesn't matter.
I think it's reasonable to expect the oil filter to stay in place until the next scheduled service - on many cars now that's 2yrs or 20K miles. So a few wks is nothing.
Of course the garages first response is to tell you to go away - you may just need to make it clear that you're not going to do that.
Re the possibility of the filter being faulty - not too sure about that but IIRC your recourse is to the supplier of the service, so it probably doesn't matter.
cool.marty said:Sorry to hear about your problem and hope you get it sorted out at minimum cost to you. However, I couldn't help chuckling at your (what I presume was unintentional) typo
When we opened the bonnet, it turns out that the oil filter was no longer where it should have been, so all the oil had drained out and the engine has ceased!
- Streaky I STILL say the same cool marty, normal amount of engine vibration should NOT result in the filter, "FALLING OFF"!!!!!! in the time you specify if it was installed anything like correctly. Take advice! but I would say sue!
These things are deigned to be REASONABLY "stay put" for much longer than this!
>> Edited by 8Pack on Monday 12th July 03:25
These things are deigned to be REASONABLY "stay put" for much longer than this!
>> Edited by 8Pack on Monday 12th July 03:25
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