Should I take this up with the old garage?

[Theo Cupier]

Looking for some friendly advice here... (sorry for the long post, wanted to be as complete in my description as possible)

I bought a 02 plate C Class Coupe 220CDI about 3 months ago. The previous owner agreed to get it serviced (at his friendly independent garage) as part of the sale, because it was about 500 miles from the next service.

I spoke to his garage about the car before I bought it and they were very positive about it (immaculate condition in the 2 years or so they'd been looking at it). I mentioned that the glowlamp light on the dashboard seemed to stay on for a long time and they said they thought it was just an Engine Management system setting (ie it could be changed to short/medium/long in the EMS). They said that they only checked the glowlamps themselves if the owner reports problems with it starting - which he hadn't.

Not knowing any better, I left it at that.

So, a couple of months down the line, I get problems with it starting. Turn the key and no engine noise at all. The electrics sound a bit pathetic, but the dashboard lights up & lights come on but nothing happens under the bonnet. The nice man from Greenflag suspects a battery problem, charges the battery and it starts first time. I get by for the next few weeks by charging the battery every time I get a repeat of the problem.

Eventually, I decide to get it fixed with a new battery - or so I think - but I get the battery tested first and it is apparently fine. Decent voltage, OK on a current drop test, no unexpected resting current drain.

What my garage discovers, however, is that there are serious problem with 3 of the 4 glowplugs and they need replacing.

You can guess what happens next. They try to get the existing glowplugs out but discover that they are so old and rotten they have basically disintegrated in situ. I was basically running the car on 1 glowplug. I'm now faced with a pretty substantial bill from my garage for taking the head apart to extract the rotten glowplugs, refitting new ones and reassembling.

My garage has suggested that I speak further to the old garage about what they did to it in their time looking after the car, with a view to seeing if they will accept liability for some of the repair bill.

I'd appreciate your honest opinions on whether there is any merit behind this suggestion, or whether - on the basis of these facts (which are as accurate as I can make them) - I shouldn't bother and accept the old rule of caveat emptor and take responsibility for the whole repair bill myself.

Should the old garage have known better about the glowplug dashboard lamp? Should they have been routinely checking the glowplugs as part of servicing (they did at least 2 or 3 services)? Is there any way in which a reasonable person could construe liability on them for this?

Before buying the car, I did get a Basic AA Vehicle Inspection Report done which found the battery, starting system and electrics all to be in good order at the time.

I'm not trying to shift blame and get all "litigation happy" here, before any suggests this. I'm just wondering whether the suggestion made by my garage over this repair bill is worth my time and effort in pursuing or not.

 

[jonargraig]

TBH, unless you can find a bill stating they changed them, or some thing in writing that says the glow plugs where recently in good condition I doubt you have a leg to stand on over it.

I would how ever suggest you try a 3rd garage with a view for a look at removing them.

 

[Theo Cupier]

Thanks jonargraig. I have to say that this was my basic assumption, but I'm usually minded to accept responsibility (grudgingly) and soldier on. However, with my economic outlook being what it is, since my garage said the old garage might be in the firing line here, I was interested to see what the options were.

You posted before I added the fact that the glowlamp dash light had been on since before I bought it. Do you think there is any chance I could suggest that the old garage were somehow at fault for not interpreting this as a glowlamp fault that needed inspection?

Would it be reasonable to suggest that a competent garage would have looked at a lamp and suspected a problem in need of investigation?

Probably clutching at straws...

 

[jonargraig]

The problem would be proving the light was on, also if they have not done any work on the glow plugs them selfs it would be hard make a case of it - Been a private sale it's going to be even harder as the legal come backs you would have with a dealer aren't as strong.

TBH, I think your best bet would be chasing the AA over there "check" but after 3 months... mmm

You can only have a MOT test out queried within 30 days (3 months for corrosion) so once again I think you'll be stuck on this one.

 

[television]

I have to agree with the above post, very hard to prove anything,, would the last owner help out a bit on this, is it worth asking

 

[jberks]

I mentioned that the glowlamp light on the dashboard seemed to stay on for a long time and they said they thought it was just an Engine Management system setting

they only checked the glowlamps themselves if the owner reports problems with it starting - which he hadn't.
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Before buying the car, I did get a Basic AA Vehicle Inspection Report done which found the battery, starting system and electrics all to be in good order at the time.

Ok - 1st things first, the old garage has no responsibility towards you. They may be lying or incompetent but either way, their point about not touching the glow plugs unless there is a starting problem is crappy but valid and it did start ok at the time. In any case, they had a contract and therefore liability to the old owner. As you didn't pay them any money they have no responsibility towards you.

But, you got an AA inspection done, albeit a basic one. You'd need to check the list of things officially looked at but I would have expected them to spot the glow plug warning lamp staying on too long (after all, you did). Given that this fault was present at the time of inspection surely it should have been mentioned in their report and as it wasn't you may have a claim against the AA.

 

[Theo Cupier]

Thanks for your help and guidance, folks. I've fired off an Email to the AA Vehicle Inspections team with phrases like "negligent misrepresentation" in it. We'll see what happens.

Merry Christmas and a New Year free of Mechanics to all of you!

 

[jonargraig]

A happy Holidays to you too