Turbo Problem - Garage Liability?

[Golip]

I have had an issue with the turbo on my 2007 Avensis 2.2 d-4d T180 and wondered if anyone would be able to give me some advice on how to proceed please?

I took the car to "Garage A" a few weeks ago for an MOT and also for the EGR valve cleaning. The car was returned, new MOT, clean EGR valve and new air filter, and all seemed well. Then, exactly one week later, I was driving home from work and needed to overtake a lorry. As I put my foot down (in 3rd gear I think) the car seemed to splutter and ***** as I slowly passed the lorry. I then had very little power all the way home (wouldn't rev above 3000 and took ages to build speed back up to 30mph).

When I got home my dad popped the bonnet open and could see that the turbo inlet pipe (apologies I do not know the correct name - it links the air filter at one end with the turbo at the other) had come off at the turbo end. He said this would explain the lack of power and we proceeded to try "clamp" it back on, but couldn't get it tight so had to buy a jubilee clip instead. Anyway, once back on it made no difference to the car's power.

The RAC were called out, plugged it into the computer but couldn't find any errors on the management system, so said it needed to go to a garage.

I took it to "Garage B" the following day who told me that the rubber gasket that clamps onto the turbo inlet pipe had somehow been sucked into the turbo, hence explaining the loss of power. this would also explain why my dad couldn't clamp the pipe on tightly and why we needed a jubilee clip. "Garage B" suggested contacting "Garage A" as they were the last people to look at the car and they had in fact changed the air filter.

"Garage A" now has my car, they cannot understand how this has happened but swear blind they did not touch the fitting from the inlet pipe onto the turbo so do not believe they have caused this. They have sent the turbo for reconditioning (c.£400) and have offered to refit it and waive any labour costs as a "goodwill gesture". But I still need to pay £400 for the turbo, which I am not too happy about. My questions are thus:

1. Would you say "Garage A" is liable for the full costs as they were the last people to have the car and were working on the part of the engine which now has the problem (they say the took the pipe off at the air filter end only and did not touch the turbo inlet end)?

2. If they refuse to pay the full costs would I have a case to go to the small claims court (I am no expert and the "evidence" seems purely circumstantial - or is this strong evidence given there was only ONE week between receiving the car back and it breaking down)?

3. Would you say this is all complete coincidence and that I should pay for the cost of the turbo (and be thankful they are not charging labour!)?

I hope that makes sense and is clear, appreciate any advice and suggestions!

Thank you

[FROSTYBALLS]

Think the issue here is proving that Garage A did something that affected the turbo, and basically it boils down to your word against theirs. Also any possible evidence that the turbo inlet pipe had been disturbed, probably no longer exists as the turbo has been taken off and sent for reconditioning.

Before you go any further with small claims court action, I would consult with CAB to see what their views are.

Otherwise, think I would take their offer.

[Druid Boy]

Unfortunately, if my memory serves correctly, this exact same fault has occured on another car on this forum. It seems to me that garage A is in the clear. There is also no reason for them to have disturbed the turbo end of the inlet system - they don't get paid to do extra/unecessary work so they wouldn't have done it. I regret that, in my opinion, you are the victim of a set of unrelated circumstances and whatever the outcome you are always going to have a nagging doubt about exactly what caused this.

Get it fixed - free labour is a good offer - and try to chalk it up as one of those things.

[alan333]

I'd swallow the loss too and pay for the new turbo with the free fitting.

[Golip]

Many thanks guys for your feedback and advice, much appreciated!