Car faulty after just 1 month - Help!

[heliosuk]

The oil was going to be my next question. Essentially the oil put in would have a neglible effect given the mileage you did however if it was burning serious amounts this could be a major contributory factor so it's possible there is an underlying issue with the engine. Cats DPF's etc can be destroyed quite quickly by an engine that burns oil. Personally I put the figure at around 1 litre per 1000miles on a modern engine that has been run in as being unacceptable and you wouldn't necessarily see this as smoke out of the exhaust.

The viscosity the garage used would not cause any issues however the fact it's not fully synthetic wouldn't have caused the DPF problem but more likely to cause a seizure so perhaps was semi synthetic.

 

Overall, if the oil change was a problem then there would have been far worse problems to contend with.

 

It's also possible to remove the DPF totally but I wouldn't know how to re programme the ECU to cope with it on a Vauxhall.

[birdyboy]

Had a response back today after an email I sent to them Tuesday saying I will proceed with the county court if the matters aren't rectified.

They are making further enquires with their workshop & legal advisors and should get back to me next week hopefully with a way forward.

 

A good sign I assume?

[sailor sam]

Maybe. Lets hope they get back to you before your deadline expires!

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[birdyboy]

Well, no reponse form the garage as yet. If no post when I get home tonight, I will proceed with the small claims court. My Mum is due back from holiday tomorrow so I'll get her to help me out.

 

Again, will keep you posted!

[sailor sam]

Don't forget to add interest to the court application. If in doubt, come back and i'll advise further.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[birdyboy]

Thanks Sailor.

 

Another quick question, when I put on the amount I want to claim, this would obviously be the repair bill + any other costs occured to me.

Do I use the quote from Vauxhall or should I shop around and get a range of prices? (which would be much cheaper)

My car hasn't been repaired as I cannot afford to fix it!

 

Thanks

[birdyboy]

Another question regarding interest. At what date do I claim from?

 

Im just trying to find out at mo whether its best to get the car repaired now and claim the cost, or just claim the cost then get repaired.

 

Any advice? Thanks

Edited September 30, 2010 by birdyboy

[sailor sam]

Thanks Sailor.

 

Another quick question, when I put on the amount I want to claim, this would obviously be the repair bill + any other costs occured to me.

Do I use the quote from Vauxhall or should I shop around and get a range of prices? (which would be much cheaper)

My car hasn't been repaired as I cannot afford to fix it!

 

Thanks

 

Well I just re-read your letter to the dealer and I suggest that armed with the oil issue, you write a rejection letter demanding your money back as your first letter has gone un-answered. Indicate that the seller may now collect the car as you are formally rejecting it under the SOGA and therefore you require a full refund within 7 days or you will make a cliam via the courts without further notice. This action will also result in you claiming interest from the date the car broke down until payment or judgement which ever si sooner plus all court fees.

 

If however you are happy having it repaired then get a quote off a Vauxhall dealer (in writing) and commence proceedings for that amount. (Your letter has allready for-warned the seller so you could commence proceedings straight away) Interest would be calculated from the day the fault developed. add 8% onto the repair cost, divide by 365 which will give you the daily rate of incurring interest.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[birdyboy]

Ignore this one

Edited September 30, 2010 by birdyboy

[birdyboy]

Well I just re-read your letter to the dealer and I suggest that armed with the oil issue, you write a rejection letter demanding your money back as your first letter has gone un-answered. Indicate that the seller may now collect the car as you are formally rejecting it under the SOGA and therefore you require a full refund within 7 days or you will make a cliam via the courts without further notice. This action will also result in you claiming interest from the date the car broke down until payment or judgement which ever si sooner plus all court fees.

 

If however you are happy having it repaired then get a quote off a Vauxhall dealer (in writing) and commence proceedings for that amount. (Your letter has allready for-warned the seller so you could commence proceedings straight away) Interest would be calculated from the day the fault developed. add 8% onto the repair cost, divide by 365 which will give you the daily rate of incurring interest.

 

 

I would prefer to return the car and get a refund, however, the oil was put in when serviced back in April. Will that matter? Won't they say I should have noticed that before?

 

I threatened them with court in my last email/letter to them if no contact by 7 days. They haven't come back to me.

Can I still ask to return the car even though I have threatened with small claims?

 

I have 3 weeks til it becomes 6 months since purchasing the car, so hoping to get things moving ASAP!

 

Thanks again!

[heliosuk]

I'd steer very, very clear of the supposed wrong oil issue birdy, too easily challenged. The fact is the DPF is faulty and you don't know the cause or do they for that. So the claim should only be for the faulty DPF. Claim as sailor says however don't expect the full amount back as they could potentially argue a replacement DPF from VX amounts to betterment. If the DPF is estimated to last 100k miles then expect only a 40% contribution. This 40% should enable you to get one from an aftermarket source. Just be carefull they don't come back with an offer to fix as they could put on a used one and provided it works there is nowhere to go. Just don't expect the costs for a new one but if you do get it well done!

[birdyboy]

Right.

I filled out the form and have sent off.

I used the quote given to me by Vauxhall as a figure. Added on extra costs incurred and 8% interest.

I have asked for a repair at no cost to me or a full refund including any monies paid to date.

Total is just under £3.5k

 

Now its a waiting game...at least its now in the system and I can relax a little...

[birdyboy]

Update

 

Dealership had emailed me asking to take the car in so they can investigate.

I emailed back saying no as they had the opportunity to sort it and I said they can settle the costs fopr repair or let the court decide what happens.

 

Today, have received an Aknowledgment of Service and they are intending to defend the whole claim.

 

I guess I now wait for them to file their defense and see what they say?

[sailor sam]

Update

 

Dealership had emailed me asking to take the car in so they can investigate.

I emailed back saying no as they had the opportunity to sort it and I said they can settle the costs fopr repair or let the court decide what happens.

 

Today, have received an Aknowledgment of Service and they are intending to defend the whole claim.

 

I guess I now wait for them to file their defense and see what they say?

 

They're obviously not so confident that they are not liable! Keep us posted.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[DesignTime]

It's tuffie good luck.

[birdyboy]

Still not heard anything back.

Acknowledgment of service was on 14/10/2010, so 28 days from then would be? 11th November (inc. weekends) or 23rd November? (exc. weekends)

[birdyboy]

Rung up the court today to confirm when I can make judgement.

Unfortunately the phoneline wasn't too good, however, they stated that I could request judgement from midnight tonight, but bext to leave it til tomorrow to do.

I'll give them another call tomorrow to double check again.

[sailor sam]

Don't be suprised if at the last minute they ask for judgement to be set aside to allow them to enter a defence.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[birdyboy]

Don't be suprised if at the last minute they ask for judgement to be set aside to allow them to enter a defence.

 

Can they do that even though they've had the 28 days to file their defence?

 

Thanks

Also, do my timings work out correctly?

[sailor sam]

Can they do that even though they've had the 28 days to file their defence?

 

Thanks

Also, do my timings work out correctly?

 

They will likely try and the judge may allow it. As for your timings, you seem to have had the answer from the court. Apply for judgement tomorrow and when it has been granted you will be able to issue a warrant for the bailiffs to go in.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[birdyboy]

Another update

 

Just checked on MCOL and its now showing as 'Your claim was transferred to MILTON KEYNES on 08/11/2010'

 

Just called up the court to confirm, what this means and it looks as tho they have filed a defence and I should receive this in the next few days!

 

Any advice hat anyone can give me?

Edited November 9, 2010 by birdyboy

[sailor sam]

Another update

 

Just checked on MCOL and its now showing as 'Your claim was transferred to MILTON KEYNES on 08/11/2010'

 

Just called up the court to confirm, what this means and it looks as tho they have filed a defence and I should receive this in the next few days!

 

Any advice hat anyone can give me?

 

It means that the case has been transered to Milton Keynes County Court which I believe is your nearest. Any hearings will be heard and all future docs will be submitted there.

 

You can still ask for judgement to be entered because they are filling their defence out of time. They will then have to ask for it to be set aside and it is up to the judge whether he accepts their late defence. It is likely he will allow it i'm afraid even though technically he can diss-miss it for being late.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful

[birdyboy]

Received papers yesterday on their defence.

 

Basically, they have explained how the DPF works (Which I already know!) and have also pointed out it could be my manner of driving that has blocked it! Really? Driving 20+ miles each day on fast country roads & motorway? In the space of 2 months and covering 1800 miles? I find this unlikely.

They have also said that as the car was serviced and MOT'd it would have been picked up then.

I recall on the engineer report from finance company that this part was a serviceable item? I'll have to double check that as this would be in my favour?

 

I now have til the 25th Nov to fill out the allocation questionnaire. Got to pay £35 too...

 

Is it worth me doing the free court thing? Where I wouldn't have to attend as can be done over the phone. (Can't remember what its called!)

[sailor sam]

Received papers yesterday on their defence.

 

Basically, they have explained how the DPF works (Which I already know!) and have also pointed out it could be my manner of driving that has blocked it! Really? Driving 20+ miles each day on fast country roads & motorway? In the space of 2 months and covering 1800 miles? I find this unlikely.

They have also said that as the car was serviced and MOT'd it would have been picked up then.

I recall on the engineer report from finance company that this part was a serviceable item? I'll have to double check that as this would be in my favour?

 

I now have til the 25th Nov to fill out the allocation questionnaire. Got to pay £35 too...

 

Is it worth me doing the free court thing? Where I wouldn't have to attend as can be done over the phone. (Can't remember what its called!)

 

You mean mediation? It means someone independant will conduct an 'interview' over the phone with yourself in which you explain what you will and will not accept. They will then do the same with the respondent. You can always choose this route and see what they come up with.... you still have the option of refusing what ever is offered and take it the full distance.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[birdyboy]

Checked engineers report and no mention to say that the DPF was a serviceable item, however, on the letter from the finance company on their final word, it says it is a serviceable item.

Im also currently liasing with Vauxhall to see if I can get a technical report on the DPF to use in the court to prove that doing so little mileage would cause a complete blockage.

I will follow the mediation and see how far we get!

I've also got together all my paperwork and put into a folder in chronological order