Broken Timing Chain

[emily.h]

The timing chain in my A16 has broken and I know the cost of sorting this is enormous (beyond my current finances)!!
The car is not new 01/X reg, but has been looked after and with 58,600 miles on the clock surely this should'nt have happened. It also needed a new starter motor last year.
Is this heard of or am I very unlucky?
Emily

 

[jibcl500]

Time to buy a yaris.

jib

 

[TomTanderson]

Did you buy the car from a dealer or privately?

There are some interesting cases involving UK consumer law and whether something is "fit for purpose". In short, somebody successfully sued a dealer for a timing belt failure because it failed before the mileage that was specified as the time to replace it at service. This was despite the car was well outside its warranty.

They won because they argued that if the service requirement was to replace at 70,000 miles then a belt should be expected to last at least that long. Because the belt failed before 70,000 it wasn't fit for purpose. The person won the case and the dealer had to pay for the repair.

 

[emily.h]

Thanks for your reply. Very interesting. I hoped I would hear of this. I bought it practically new from the main Merc dealer in Canterbury. Up until 2004 I had them service it, then went to a private garage for the last service as the 3 year warrenty had expired. Other than sounding surprised this has happened Mercedes are not interested in even giving over the phone advice! Due to this I felt I didn't have a leg to stand on. I work for the NHS so I know all about being 'fit for purpose' or not as the case may be. If advice like yours tells me I have a good case then I will be pursuing this to the bitter end. I can see a glimmer of light at the end of my tunnel now!

 

[TomTanderson]

I am not a lawyer or a car expert so please take anything I say in that context. That said I have always been interested in consumer rights and have successfully concluded several small claims court cases.

In this case your claim would be against the dealer (not MB - this isn't a "warranty" issue). Whoever you wish to repair the car, you should first give the dealership the opportunity to make the repair explaining that you believe the goods were not fit for purpose. You should make sure you confirm everything in writing and send it recordered delivery.

I have found a link that mentions the case I was talking about: Beat the out-of-guarantee blues

"Which? recently successfully represented a driver suing a motor parts firm over an engine timing belt and tensioner that failed after five years - outside its three-year warranty - on the grounds that it had only done 60,000 miles and should have run for at least 80,000."

Unfortunately I think you may be s****ed :-( The article mentions (and this sounds familiar) that you have rights for six years.

'The Sale of Goods Act 1979 gives you rights for, potentially, six years and those rights are only limited under the Limitation Act, which says you cannot pursue a [claim] after six years.'

Reading your posts it looks as though you are beyond this. A citizens advice bureau should be able to confirm this.

Sorry if I got your hopes up without justification.

 

[st13phil]

If you're a member of the AA or RAC (or perhaps CSMA?) then give them a call and ask if they have any info on timing chain failure on your model of car. This can sometimes turn up interesting info that can be used as a lever to get a goodwill claim settled. Make sure you exhaust the goodwill claim route with the dealer and DaimlerChrysler UK by being firm but not aggressive before you mention legal rights. Once you involve "the law" they will do nothing without involving their legal dept which tends to slow things down at best and grind them to a halt at worst. Good luck!

 

[Aussie Nick]

You should have the belt examined by an expert to obtain a report as to what was the most likely cause of the failure. Was it poor workmanship (Quality of belt not suitable.) Was this a Mercedes belt? If it was, then the manufacturer may be liable.
Did the service centre inspect the belt at the last service ? The inspection is sometimes done by listening for belt wear.
Consider whether you could have in any way contributed to the breakdown. Did you miss a service?

 

[Parrot of Doom]

'The Sale of Goods Act 1979 gives you rights for, potentially, six years and those rights are only limited under the Limitation Act, which says you cannot pursue a [claim] after six years.'

Some aspects of the limitation act have recently been successfully challenged in court:

http://www.channel4.com/news/articles/society/law_order/rape+victims+given+more+time+to+sue/1442147

I do not know if these changes relate to the 6 year deadline full stop, or only in sexual abuse cases, but I thought it was worth mentioning.

I'd be interested to know why the chain failed. Did the chain break, or did something break it?

 

[jibcl500]

Sorry for this but!!! Im not taking sides here and I know its a bomb shell when somthing like this happens due to the expense involved.

I think you have just been unlucky, things like this happen its a fact of life.

Mercedes dont know how the car has been treated either, I assume your a sensible driver etc but MB dont know this, you could be a redline everytime sort of driver, Im not saying you are but aggressive driving puts stress wear and tear on a car as you know.

If the car was still in warranty or had been serviced throughout with Mercedes then you may have a better leg to stand on, Mercedes dont know the garage that you use and they dont know what work has been done to the car, is the garage MB or just a garage, did they work on the chain tensioner for any reason, if so did he refit it incorrectly, did the car make any unusual noises after the service??? things like that.

Sorry

jib

 

[jberks]

Unforseen mechanical failures can and do happen. They are unfortunate but nobody is to blame.
Timing chains on mercs are double (duplex) chain affairs and are generally considered extremely reliable. I assume the A class engine is the same. Failure is very rare with 200,000 miles+ common, and premature failure is normally caused as a by product of some other failure (broken cam shaft etc) rather than their own weakness. Wear type failures are normally preceded with an increase in mechanical noise for a period prior to the failure. Was it getting 'rattly'?
Have a look at http://forums.mercedesclub.org.uk/showthread.php?t=35231

I think the best you'll get from MB, after a fight, would be an offer to contribute to the dealer doing the work and even with this contribution, at dealership labour rates, it may well be cheaper for you to source another engine from a breaker and have your regular guy fit it.
It is certainly worth having a go, you never know and nothing ventured and all that, but I'd say your chances, especially without a full dealer history, proving such things as the oil being changed at the right time with the right grade etc , are slim at best.

Good luck.

 

[st13phil]

I think the best you'll get from MB, after a fight, would be an offer to contribute to the dealer doing the work

<<snip >>

It is certainly worth having a go, you never know and nothing ventured and all that, but I'd say your chances, especially without a full dealer history, proving such things as the oil being changed at the right time with the right grade etc , are slim at best.

Pretty much echoes my view, which is why I suggested having a punt on the goodwill route. However, there are circumstances where manufacturers know that there was a problem affecting a series of vehicles and they will make a substantial contribution towards repair costs. But you have to know that that's the case and ask the right questions as they'll rarely volunteer the info, which is why I suggested contacing the AA and/or RAC.

Having said all that, chances are the OP will end up looking to source a second-hand motor as the most cost effective solution

 

[David Nock]

Emily.H
If you search under 'A class timing chain', there are a few cases of snapped chains, particularly on A Class models.
I've never had a snapped chain, ever in 45 years, some cars going well over 100,000 miles. So perhaps you're unlucky, but I would still suggest collating all the info you can to see if the A Class has an unusual history of timing chain problems.

 

[merclearner]

My timing chain on an A140 broke yesterday at 51,000 miles

 

[star]

On the smaller engines merc have reverted back to a single chain????? Why. I Had one jump several teeth last week and a duplex chain snap a few month back??

 

[keithbt]

timing chain blues

I had the chain break on a top range Vectra 2.3 (2001) last year at 58K. Found out from the forum this was a design fault. The (saab) GM sweden engine had been modified in 2002 but no recall was made for earlier cars. In short I presented all the info to the Vauxhall agent with the service code and they paid for the lot. Had to be less than 72 months old and 100k miles was the stipulation. Shame it got written off threemonths later.

Is it possible the oiler for the chain became blocked hence early failure as vectra. Did the non franchise garage use the correct oil - grade/ synthetic/ mineral oil ? needs further investigation.

Keith