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  • FIRST POST
    • Jaywood89
    • By Jaywood89 13th Jan 18, 6:54 PM
    • 38Posts
    • 2Thanks
    Jaywood89
    Engine damage on a car bought 4 months ago.
    • #1
    • 13th Jan 18, 6:54 PM
    Engine damage on a car bought 4 months ago. 13th Jan 18 at 6:54 PM
    Hi looking for some advice.

    I bought a hyundai i800 in August

    On New Yearís Day we are driving in the car when it suddenly started making a rattling noise from the engine then bam! The whole thing just died on us.

    We managed to get it going again and got it home but it rattled all the way,

    We called Hyundai as the car is within warranty and they sent out the AA who inspected the car and found an oil leak under the car. He asked if we had seen the oil on the road and pointed out the oil slick. As it was raining it wasnít hard to see in the gutter but was by no means obvious.
    Hyundai collected the car and took it to a local garage

    2 days later I got a call to say it wasnít good news. There was a major oil leak in the engine and the car needed a whole new engine. But the damage was coming from a cracked oil filter so was no covered under warranty, the garage said it was likely broken at its last service (the one done the day we bought it) he assured me we couldnít of done this ourselves as it was deep inside the engine....I got straight on the phone to the dealer who agreed to collect the car once they had received the report from the dealership which took only a few hours....



    After ten minutes the conversation was going nowhere and all I learnt was that the agent didnít even know where my car was anymore! It was at a garage but he wasnít sure which one.

    So my question to you all is. Are they required to repair this damage? Iím worried Iím going to be left with a car that needs £10000 worth of work doing to it which just isnít going to happen! Iíve read that a car bought within 6 months is the dealerships responsibility to Prove they didnít damage not mine but how do u prove a fault like this?
    I donít want my money back for the car I just want it back on road again.

    Any advice would be appreciated also excuse any spelling or grammar errors I have a toddler in hand
    Last edited by Jaywood89; 15-01-2018 at 10:03 PM.
Page 1
    • arcon5
    • By arcon5 13th Jan 18, 8:35 PM
    • 13,297 Posts
    • 8,426 Thanks
    arcon5
    • #2
    • 13th Jan 18, 8:35 PM
    • #2
    • 13th Jan 18, 8:35 PM
    Problem you have is it looks like they are heading to tell you that it was preventable but you allowed it to run low on oil causing failure. And they have a point, if there was a leak regular checks on oil level would flag an issue up. Also the report about the leak could be interpreted as supporting this.

    As for oil warning lamp, these are pretty much a complete joke. They ignore the light when pressure is nearly non existent. So you can be driving with very little pressure but still just enough to turn l pressure light off.
    • marlot
    • By marlot 13th Jan 18, 8:43 PM
    • 3,209 Posts
    • 2,337 Thanks
    marlot
    • #3
    • 13th Jan 18, 8:43 PM
    • #3
    • 13th Jan 18, 8:43 PM
    The other issue is that they could say you were being negligent when you drove it home despite a poorly engine.

    On the positive side, it seems that motorpoint fitted a duff filter (or damaged it in the fitting), so you can reasonably point to that as the primary cause.
    • Jaywood89
    • By Jaywood89 13th Jan 18, 9:28 PM
    • 38 Posts
    • 2 Thanks
    Jaywood89
    • #4
    • 13th Jan 18, 9:28 PM
    • #4
    • 13th Jan 18, 9:28 PM
    Thanks for the reply.

    My argument to them if that were the case would be that we had no idea about the oil leak until the tow man came to take it away. yes everything is preventable but surely the fault lies with the initial damage not the customer just using their new car as you would expect?

    Thirdly we had to drive it home as when I called them on New Year’s Day to say it had broken down they advised it was under warranty so isn’t their issue. Hyundai was closed and the car started back up as if nothing had happened. Had it not started we would of called for a tow but with 4 small children and two dogs and being miles from
    Home we couldn’t just abandon it and walk

    But thanks for the feedback
    Last edited by Jaywood89; 15-01-2018 at 10:01 PM.
    • EdGasketTheSecond
    • By EdGasketTheSecond 13th Jan 18, 9:40 PM
    • 381 Posts
    • 215 Thanks
    EdGasketTheSecond
    • #5
    • 13th Jan 18, 9:40 PM
    • #5
    • 13th Jan 18, 9:40 PM
    You hadn't checked the oil for a few months I check it daily on any new car purchased until I'm comfortable with how much its using and then at least once a month regardless.
    • Jaywood89
    • By Jaywood89 13th Jan 18, 9:44 PM
    • 38 Posts
    • 2 Thanks
    Jaywood89
    • #6
    • 13th Jan 18, 9:44 PM
    • #6
    • 13th Jan 18, 9:44 PM
    Well your the first person I know who does.
    • Jaywood89
    • By Jaywood89 13th Jan 18, 9:45 PM
    • 38 Posts
    • 2 Thanks
    Jaywood89
    • #7
    • 13th Jan 18, 9:45 PM
    • #7
    • 13th Jan 18, 9:45 PM
    But regardless a new car shouldn’t have an oil leak. And there is proof this leak was caused by a badly fitted filter.
    • ohreally
    • By ohreally 13th Jan 18, 9:52 PM
    • 6,445 Posts
    • 4,943 Thanks
    ohreally
    • #8
    • 13th Jan 18, 9:52 PM
    • #8
    • 13th Jan 18, 9:52 PM
    Well your the first person I know who does.
    Originally posted by Jaywood89
    The i800 handbook states...

    Owner maintenance schedule
    G030101AUN-UK
    When you stop for fuel:
    ē Check the engine oil level.
    • Jaywood89
    • By Jaywood89 13th Jan 18, 10:02 PM
    • 38 Posts
    • 2 Thanks
    Jaywood89
    • #9
    • 13th Jan 18, 10:02 PM
    • #9
    • 13th Jan 18, 10:02 PM
    So your saying the damage to the engine was caused by me not maintaining the car and has nothing to do with the cracked like filter leaking oil into the engine

    Iím not trying to be argumentative or rude Iím just trying to play it from all sides so I know how to respond to the dealership. appreciate all opinions and feedback
    • Aylesbury Duck
    • By Aylesbury Duck 13th Jan 18, 10:22 PM
    • 1,358 Posts
    • 1,774 Thanks
    Aylesbury Duck
    Well your the first person I know who does.
    Originally posted by Jaywood89
    Collective behaviour isn’t a defence in your case. I try and check the basics on my two cars every Sunday morning. It takes no more than 10 minutes for both of them; oil level, tyre pressures, quick visual check around the engine bay, washer fluid level, etc. I don’t always get round to it I admit, but I don’t think I’ve left it more than two weeks, and I only do about 300 miles a week in both cars combined.

    The problem you’ll have is that although it looks unlikely that you’ve done anything to cause the leak that caused the damage, their argument will be that your failure to check the oil level at least in accordance with the handbook led to what was a catastrophically low oil level. Had you done the regular checks, it’s reasonable to assume that you would have detected falling oil level, taken it into the garage to check and the cracked oil filter would have been discovered and replaced.
    • Jaywood89
    • By Jaywood89 13th Jan 18, 10:28 PM
    • 38 Posts
    • 2 Thanks
    Jaywood89
    Thanks for the reply.

    I’m trying to put myself in the place where I check and fill my oil every week and I can honestly say I wouldn’t know there was an oil leak even if I was forever topping it up. So I’m not sure if I would of ever got it rectified before this situation occurred. I know that may not help my case but it is the honest truth.

    But I just keep coming back to the whole non of this would of ever happened if the oil filter was not cracked and leaking. All following events are because of this fact.

    But again thanks for honest reply. It’s good to hear people’s views so I’m
    Not blind sided when they call on Monday.
    • Aylesbury Duck
    • By Aylesbury Duck 13th Jan 18, 10:35 PM
    • 1,358 Posts
    • 1,774 Thanks
    Aylesbury Duck
    You’re welcome.

    Have you contacted the garage that carried out the service and possibly cracked the filter? It sounds as though they are the root cause but you’ll have a hard, probably impossible job to pin this on them after four months.

    I can’t see how you’re going to succeed with Motorpoint because they will presumably argue the point I made: that the oil leak was detectable before it caused the major damage.

    Good luck with it but I’m afraid I can’t see a positive outcome to this.
    • Jaywood89
    • By Jaywood89 13th Jan 18, 10:40 PM
    • 38 Posts
    • 2 Thanks
    Jaywood89
    It states on citizens advice that if a dealer sells a car and a problem arises within the first 6 months it’s their job to prove it wasn’t them not my job to prove it wasn’t me? Am I reading this wrong?
    I have a mechanics report from
    Hyundai with pictures showing the damage and stating it is the root cause of the issue. Not sure if that will help or not

    It’s not worth thinking about being left with finance on a 17000 car and also a 10000 to fix the engine.

    Would it be reasonable to expect them to take at least 50% liability? (Frankly believe it is 100%) but worth exploring
    Last edited by Jaywood89; 15-01-2018 at 10:02 PM.
    • Lorian
    • By Lorian 13th Jan 18, 10:41 PM
    • 4,207 Posts
    • 2,332 Thanks
    Lorian
    Are you able to share the picture of the filter?
    • Jaywood89
    • By Jaywood89 13th Jan 18, 10:50 PM
    • 38 Posts
    • 2 Thanks
    Jaywood89
    Sorry no I can’t figure it out I’m afraid.

    I have a report from Hyundai stating “major oil leak found in filter”
    But states “knocking noise in engine coming from running with little to no oil”

    Then I also have an AA recovery report that states “oil leak suspected, contaminated road surface”

    Least I know fake I can’t argue there was no leak really.
    The Hyundai dealer did say on phone that even when he filled it it just ran straight through the filter and into the engine. This is what makes me think I would never of Picked up the issue without damaging the engine anyway.
    It would of taken me weeks to work out what was wrong all while it was running on no oil. This is only if I was someone who checked my oil daily.
    • Aylesbury Duck
    • By Aylesbury Duck 13th Jan 18, 11:11 PM
    • 1,358 Posts
    • 1,774 Thanks
    Aylesbury Duck
    I would think that the only way an oil filter can crack is either through over tightening or mishandling when it was replaced, or (and it’s a very long shot) that it’s been cracked through a stone flicking up into the engine bay. If it was the former, then the leak would have been present from the day you bought the car and they will argue that you should have detected a drop in oil level over four months. If the latter then it’s clearly not the garage’s fault.

    As others have pointed out, even if you were to win the argument on root cause and fault, the other argument they will employ is that despite you hearing rattling, a bang and the car cutting out, you restarted the car and drove it home, rattling. Ultimately, it was that which trashed the engine.
    • Jaywood89
    • By Jaywood89 13th Jan 18, 11:17 PM
    • 38 Posts
    • 2 Thanks
    Jaywood89
    Thanks for the reply.
    Like I said before tho, when it came to driving it home we had no idea what was wrong with the car, it had worked perfectly then a sudden rattle them off it went. We aren’t car savvy so when it started back up we just thought thank god we aren’t stranded in New Year’s Day and took it home to be dealt with when everything was back open the next day.
    • Aylesbury Duck
    • By Aylesbury Duck 13th Jan 18, 11:29 PM
    • 1,358 Posts
    • 1,774 Thanks
    Aylesbury Duck
    Thanks for the reply.
    Like I said before tho, when it came to driving it home we had no idea what was wrong with the car, it had worked perfectly then a sudden rattle them off it went. We arenít car savvy so when it started back up we just thought thank god we arenít stranded in New Yearís Day and took it home to be dealt with when everything was back open the next day.
    Originally posted by Jaywood89
    Youíre welcome.
    It may have started again but you said that it rattled all the way home. With hindsight that was a mistake. To turn your argument about being stranded with four children around, one might argue that you took a risk driving a car full of family with an obvious but unknown rattle all the way home. How did you know it wasnít something safety-critical? Yet you drove home anyway. The right thing to do was to call the AA at the point the car first broke down. That might have caught it before the engine got trashed.

    Motorpoint arenít going to be swayed by circumstances, they will deal with facts. They wonít be interested in the fact it was New Year or that you had children in the car. Be very careful with how you explain your actions to them because if you explain it as you have here, I think they have a straightforward route to rejecting your claim.
    • Iceweasel
    • By Iceweasel 13th Jan 18, 11:39 PM
    • 4,296 Posts
    • 3,140 Thanks
    Iceweasel
    Well your the first person I know who does.
    Originally posted by Jaywood89
    I check ALL fluid levels once a week.

    You didn't check the oil for months.

    The engine stopped for lack of oil which would have been easily detected if you had checked the level at that point. Clue - engine 'rattling'.

    Instead of calling for recovery you got the engine running and continued home with the engine still 'rattling'.

    No matter what the reason for low oil - YOU totally wrecked the engine through negligence.

    Ignorance, or in your words 'not being car savvy' is not going to get you much sympathy, or assistance with the repair bill.

    You have learned a hard lesson or I hope you have.

    Check all fluid levels regularly and don't drive a car that suddenly makes a rattling noise.

    I know that's not the answer you want to hear - but it's the reality of the situation.
    • Jaywood89
    • By Jaywood89 13th Jan 18, 11:41 PM
    • 38 Posts
    • 2 Thanks
    Jaywood89
    Thanks for the advice.

    Hindsight is a brilliant thing. I keep putting myself back to that day and because the raffle came on so sudden then the engine cut out, then started again with a weird (stone in a can) style sound we really just didn’t know what was happening. We barley use the thing until the weekend. If it does more than 20 miles a week I’d be shocked. we just didn’t expect the damage to be so severe, we thought there might be something come loose. I couldn’t tell u a single thing under a bonnet so I wouldn’t have a clue.

    I really don’t know what we will do if they won’t repair it. It will financially ruin us!.

    Thanks for the help tho guys
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