Blown engine - need help to find an experienced lawyer
Discussion
I own a 2001 Tuscan S with 21,000 miles on the clock. It has just suffered the usual fate of a blown engine and I'm staring at a £4k to £6k bill. Clearly the engine is out of warranty, but we all know that no engine should blow at this stage, and that later engines have been improved.
I have tried the polite route with TVR but to no avail so far, so feel I should now progress down the legal path.
Seems that two of the pistons have been eaten away either by the plugs, or the valves - this has lead to holes in the pistons, and thence a whole load more damage to other parts.
Would anyone who may have had a similar experience please let me have names of lawyers who are already familiar with this type of story, and even better were able to persaude TVR that it would be in their interests to cover the costs? - Please send to me direct via my email link - Many thanks all!
I have tried the polite route with TVR but to no avail so far, so feel I should now progress down the legal path.
Seems that two of the pistons have been eaten away either by the plugs, or the valves - this has lead to holes in the pistons, and thence a whole load more damage to other parts.
Would anyone who may have had a similar experience please let me have names of lawyers who are already familiar with this type of story, and even better were able to persaude TVR that it would be in their interests to cover the costs? - Please send to me direct via my email link - Many thanks all!
stpentland said:
Seems that two of the pistons have been eaten away either by the plugs, or the valves - this has lead to holes in the pistons, and thence a whole load more damage to other parts.
That doesn't sound at all like the normal failure modes we hear about here. Was it pinking/detonating?
Sorry, but it does not seem that you have much of a case.
You need to prove that under the Sale of Goods Act, the car was not of satisfactory quality or not reasonably fit for its purpose. One of the factors to look at when judging these matters is durability.
However your car is 5 years old. It may have only done 21000 miles, but it does not seem likely that a Court would decide that TVR are in breach of the Act when the engine has not failed until 5 years later.
You also would need to prove that the fault lay with the design or build of the engine and not because of something that you have done or failed to do or that any garage has done or has failed to do.
You would therefore need an expert witness engineer to do that.
You also need to bear in mind that if the cost of the repair work to your engine is £5,0000 or less, then the case will be in the Small Claims Court and even if you win, you will not get your costs from TVR. You will only get a small amount if you win in respect of your expert's fees when in reality, the expert's fees will run into £thousands.
If the matter is worth more than £5,000.00 then if you win you should get some, but not all of your costs from TVR. But if you lose, you would have to pay their costs as well as your own.
Then if you do win, you have to enforce your judgment if TVR do not pay. Given that they are apparently closing down in the UK, will they have any assets left for you to enforce against?
You need to prove that under the Sale of Goods Act, the car was not of satisfactory quality or not reasonably fit for its purpose. One of the factors to look at when judging these matters is durability.
However your car is 5 years old. It may have only done 21000 miles, but it does not seem likely that a Court would decide that TVR are in breach of the Act when the engine has not failed until 5 years later.
You also would need to prove that the fault lay with the design or build of the engine and not because of something that you have done or failed to do or that any garage has done or has failed to do.
You would therefore need an expert witness engineer to do that.
You also need to bear in mind that if the cost of the repair work to your engine is £5,0000 or less, then the case will be in the Small Claims Court and even if you win, you will not get your costs from TVR. You will only get a small amount if you win in respect of your expert's fees when in reality, the expert's fees will run into £thousands.
If the matter is worth more than £5,000.00 then if you win you should get some, but not all of your costs from TVR. But if you lose, you would have to pay their costs as well as your own.
Then if you do win, you have to enforce your judgment if TVR do not pay. Given that they are apparently closing down in the UK, will they have any assets left for you to enforce against?
We are of course all assuming that you bought it from the factory directly. If not, then your claim is against the dealer that sold it to you and not TVR themselves.
If you bought it from a private buyer, then you are unlikely to have any claim at all as the fitness for purpose/satisfactory quality terms do not apply to a private sale.
If you bought it from a private buyer, then you are unlikely to have any claim at all as the fitness for purpose/satisfactory quality terms do not apply to a private sale.
Best thing you can do is Accept whats happened and bite the bullet.
You pays your money you take the chance.
Speed 6 engines are well documented so you knew what you was letting yourself in for..
If you hire a Solicitor expect to shell out double your estimated costs.
You pays your money you take the chance.
Speed 6 engines are well documented so you knew what you was letting yourself in for..
If you hire a Solicitor expect to shell out double your estimated costs.
Edited by YI8TVR on Saturday 25th November 14:57
I had a Cerbera Speed six which suffered a top end failure at 31000 miles. After investigating the car's history prior to my ownership, it was established the top end had been re-built at the factory 9 months/4000 miles earlier. The outcome ? TVR did not want to know. The cost of my rebuild was circa £4000. Resultantly, I no longer own a TVR.
Good luck but you dont stand a chance. Your car is 5 yrs old. Who is the contract with? Not TVR !
I have had two (AJP V8) rebuilds and paid for both of them (despite warranty on first cerb). It is just the luck of the draw (Even though it is a regular draw for S6s!). Fix it and sell it? Or fix it and enjoy it.
I have had two (AJP V8) rebuilds and paid for both of them (despite warranty on first cerb). It is just the luck of the draw (Even though it is a regular draw for S6s!). Fix it and sell it? Or fix it and enjoy it.
meridian said:
the top end had been re-built at the factory 9 months/4000 miles earlier. The outcome ? TVR did not want to know.
Damon - as an FYI, I was under the impression that after any rebuild, you are covered with a one-year warranty from the factory from date of rebuild. This was certainly the case on mine back in Aug 05, and validated by Racing Green as such.
Mustang Baz,
Well, genuinely, I must have been fed false information by Mole Valley in Salfords (now Gatwick TVR). I paid a total of £5200 for work on my Cerbera Speed Six (not all of it for engine work) and was told categorically that the warranty period for the work carried out was 6 months. The factory were also reticent about informing me about exactly what had failed on the engine. I am not grumbling, just stating the facts as they genuinely occurred and certainly not looking to stir up a hornets nest. I keep an eye on the Pistonheads TVR forums as I also have an interest in Ferrari and Porsche, not here for any other reason but out of general interest.
Regards, Damon aka Meridian
Well, genuinely, I must have been fed false information by Mole Valley in Salfords (now Gatwick TVR). I paid a total of £5200 for work on my Cerbera Speed Six (not all of it for engine work) and was told categorically that the warranty period for the work carried out was 6 months. The factory were also reticent about informing me about exactly what had failed on the engine. I am not grumbling, just stating the facts as they genuinely occurred and certainly not looking to stir up a hornets nest. I keep an eye on the Pistonheads TVR forums as I also have an interest in Ferrari and Porsche, not here for any other reason but out of general interest.
Regards, Damon aka Meridian
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