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Oil leak transfer gearbox casing joint

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Transfer-gearbox casing joint oil leak. Discovered leak with 1year  of manufacture warranty to run  

took to main dealer where I bought yeti .

result — it’s not oil it’s preservative “they spray it every where. it runs down when hot We’ve cleaned it all off  “
checked again 6 months later Still oil around casing joint took back to same main dealer .

result— mechanic Showed me oil he had drained from oil level plug hole.  gear box had been over filled from new . They informed me due to over filling it had been over pressurised as it runs Warm and was blowing oil from breather at the top of box. 
To my surprise 6 months later now out of warranty the leak was still there I took back to dealer 

result ——there’s no Oil breather at the top of transfer box The casing joint Has blown due to the high pressure created due to the overfill . Application to Skoda factory succeeded in them giving 100%parts 20% labour the rest of the labour being between skoda uk furrows of Oswestry and me which I agreed to . 
Then 5weeks before lock down the garage claimed they had to apply for major unit authorisation. And that’s we’re it all came to an end.

Skoda customer services  Are polite and respectful but are limited in there ability to help.

Out of lock down back to garage for more pics and yet another diagnostic told I would hear in 2 weeks about MUA  

it’s now been 8 weeks now told they have trouble with computers and are trying to ask for goodwill from Skoda factory again as it’s run out !!  as the cars getting older ,They need to reapply !!!!  
Then I imagine when and if they actually achieve this they will have to apply for a MAJOR UNIT AUTHORISATION 

I am not someone who complains at the drop of a hat but this is getting ridiculous 

not forgetting a transfer box with leak which I was told holds only a small amount of oil . I await your comments. 

 

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Can I suggest perhaps it is time to issue an deadline for this to be resolved after which you will start legal action - if you are prepared to go down that route as there is no point making the threat if you can't/won't follow through? Presumably everything is well documented so you can show they were made aware of the fault within warranty and no-one has told you that it is a series of different faults which have been rectified but all unfortunately around the gearbox. Martin Lewis's Money Saving Expert site is very good with its layman's guide to the law but my understanding is that if a defect is brought to the attention of the dealer (as that is who you have your contract with) within the warranty period they can't later dismiss your claim because time has run on and the car is now out of warranty. It's important to remember that although Skoda UK can be helpful in getting things resolved to protect the Skoda reputation you don't have a direct claim against them. There's also some interesting stuff about only being entitled to make one repair. 

 

Might be worth sitting down with your paperwork and making a list of the key dates, what was agreed/diagnosed, by whom, what action was taken and the outcome. This could go with a letter (I'd send it recorded delivery) to the dealer setting out what you want done, by when and in the absence of resolution what you will do next. A summary of the issues may also may be helpful if you do have to involve a solicitor and help keep any costs down. 

 

One final thought, whilst a letter from a solicitor might focus the dealer's attention if you feel capable the Small Claims Court could offer you a way forward. I've used it a couple of times now for disputes and the paperwork is easy to complete (you can download it to have a look), you don't need to be represented by a solicitor either in court or to prepare the application  - and in fact the guidance suggests this should be avoided if possible - and it's cheap; making an application to the court costs around £80 from memory. The hearings I've attended were in small conference rooms with just the judge, myself and a couple of defendants. Even if you lose provided the case was "reasonable" (as this would seem to be, it's not premature, frivolous or vindictive) it's extremely unlikely either side  would be awarded costs against the other so all you'd be risking would be your time and court fees. If you got a judgement in your favour then you will have a CCJ against the dealer and then if necessary this can then be enforced by High Court Sheriffs - there is a small fee to have the case transferred to the High Court and Sheriff fees but you should get that back. Sheriffs (I think they are now called High Court Enforcement Officers) have additional powers over bailiffs including being able to enter commercial premises to seize goods.  I suspect you wouldn't need to go that far - a solicitor's letter and possibly filing an application to the court should get their attention; no reputable business wants to find itself in court with an unhappy customer with the attendant bad publicity. If you do decide to file an application I would get two or three estimates to have the work done elsewhere and ask for a judgement for either the work to be completed by a specific date or the cost of having the work done elsewhere including any incidentals, such as rental car - if you don't ask it won't be in the Court Order.

 

Good luck.

 

(I should make clear I'm not a legal professional just a stroppy b*****d whose had to learn the hard way).

  • Author

Thank you Paul for your time and trouble to put that together Much appreciated. 
I will pull all dates and emails into a timeline as you suggested . 
when I mentioned getting solicitors involve I was told by the service manager “if you do then everything stops “

As I now believe that it never really  got started  I don’t
have anything to loose, will check out Martian Lewis’s sight and decided which way to go .

thank you again for your reply.  
will post updates . 

  • 3 weeks later...

Politely inform the dealer that unless they give you a firm date for resolution before the 30th of this month, you will commence a case with the County Court - and do it! Head the notice 'Without Prejudice' and send it to them by recorded delivery - and file the case online. Take a look on Google. 

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