Car faulty after just 1 month - Help!

[heliosuk]

Hi birdy,

From reading the history you need to be clear as to how "servicable" items work. The DPF is a serviceable item but not one expected on a routine service. To hammer the issue, you need to get hold of Vauxhaull service sheets where it tells the dealer that the DPF needs changing. A bit like the cam belt. If you can get hold of genuine service schedules, I'll bet it doesn't state that the DPF needs changing. If the schedules show nothing be careful and re-read as if it says check and replace as necessary then it becomes a service item.

 

In your case though, I still feel there is no way they can argue it was not faulty.

 

JLR standards dictate that after 60k miles they need to look for the DPF being blocked and I doubt there is much difference between manufactuers.

[birdyboy]

I've had a reponse from Vauxhall

 

I have dug into this issue and have little to help in reality, however this is what I have gleaned, the filter is a source of online conversation but there is nothing in writing that I have on file that separates or highlights the issue you describe.

Our service leader tells me we have nothing on file from Vauxhall.

However these filters fail from time to time and it appears in your particular case this may be the issue, outwardly there is little to warn you or the supplier that the filter may be at fault, however as gesture of goodwill one might expect a reasonable supplier to at least accept that the vehicle was not fit for purpose whether he could see the issue or not, this might be a reasonable case that only trading standards perhaps could advise on.

The style of driving is often cited as reason for failure however the driving you describe is within the accepted good practice of use for the vehicle.

Whether a previous owner used the vehicle in a similar way may be the sellers defence.

Have you tried trading standards? They are usually helpful and can mediate if asked? After one month a failure is unreasonable would be the view of the casual observer for a significant spend.

Sorry to be less than helpful

I will negotiate a break even fix with my service team if that helps you at all going forward.

Wishing you all the best in your endeavour

Regards

 

If I'm to speak with TS, what do I say to them exactly??

 

I need to get this questionnaire in by Thursday, so looking to send off by Tuesday the latest!

[birdyboy]

Have spoken with Trading Standards/Consumer Direct today and they have confirmed that I can claim under the Sales of Goods Act as Not of satisfactory quality.

They will be sending me a confirmation of what I discussed with them originally so I can use this in court to help with my case.

I'll be filling out allocation Questionnaire and sending off tomorrow via Special Delivery so its gets there on time!

 

Will keep you all updated!

[Surfer01]

Unfortunately we are going to see a lot of this in the near future as cars with the old style DPF come onto the market. It should be a mandatorys ervcicce item on any car that goes up for resale. Second hand diesel rep's cars with high mileage would possibly be better buys. There is another similar thread on CAG.

[birdyboy]

Allocation form now posted off along with my payment and all paperwork I have accumilated to help with my case. (I have copies of everything!)

I've also accepted the mediation process, so I guess that'll be the next step...

 

Watch this space!

[birdyboy]

Received Notice of Allocation to the Small Claims Track (Hearing)

 

I guess I now contact the mediation service to arrange this.

Also on the form, it says about paying a fee of £300 for the hearing (to be paid by 20th Dec) do I still have to pay this even if I go through the mediation route? Isn't it best to wait to see what happens with the mediation?

Thats a lot of money to spend just before xmas!

 

Hearing of the claim is scheduled for 18th Jan 2011.

 

It also says about original documents must be brought to the hearing. I sent all these to the court. Will they give them back to me?

[birdyboy]

Sent off my mediation form via email last night, requesting a read & delivery receipt.

 

Today, got an email to say that my email has been deleted without being read!

This concerns me greatly! Has anyone else experienced this?

 

Also, any responses to my questions in post #56?

 

I'm trying to call them now to clarify that thay in fact do have it!

 

EDIT: They have received the form. Its just an automated response thing which has caused it to give me that reply. Panic over!!

Edited December 10, 2010 by birdyboy
Update

[Surfer01]

Always followed up an email with a letter sent recorded mail.

[birdyboy]

Always followed up an email with a letter sent recorded mail.

The mediation form says it can be scanned then emailed, which is what I did.

Should I send of in post too? Today is the deadline.

(Didn't receive it til Wednesday)

[Surfer01]

Hopefully you got copies to prove that it was "not read" which is proof that you sent it and they received it. Sometimes people will read the email but click on the "not read" option for some reason. I got wise to email a long time ago and now back everything up in writing and sent recorded mail even to the DVLA.

[birdyboy]

Another update - Yay!

 

Mediation has been set for Tuesday next week...lets hope we can get this resolved!

 

Any tips from anyone that has gone through mediation?

[birdyboy]

Well, today is judgement day so will provide another update later on...

Wish me luck!

[birdyboy]

Thats the mediation finished.

A lot of too-ing & throw-ing but no settlement agreed unfortunately...

 

Court it is then!

[aradam]

Good luck Birdyboy, I hope you crush them, I'll try to do the same next month.

[sailor sam]

Thats the mediation finished.

A lot of too-ing & throw-ing but no settlement agreed unfortunately...

 

Court it is then!

 

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

[birdyboy]

I will deffo keep you all posted!

 

What am I to expect when I get to court? Is it like a boardroom with everyone sat round the table?

How do I address the judge?

 

Any tips appreciated! Less than a week to go!

[birdyboy]

Well, today is judgement day!

Will post later with the outcome.

 

Wish me luck!

[birdyboy]

Update for you all!

 

Garage have agreed to replace the DPF & do an oil change. They will be looking at the manifold to see if it needs repair.

They will be picking it up early next week & it will be ready for me at the end of that week (hopefully roadworthy!).

They are also providing me with a courtesy car and all this is at no cost to me. Unfortunately, I had to pay court fees to get this far!

 

Either way its a win for me as its what I wanted in the 1st place, to get the car back on the road! I could have asked for more (I.e car tax, spare wheel etc) but the judge did mention that I can't ask for too much as the other party may just say give up everything and it would end up being the judges decision.

Based on this case, it could have been 50/50.

 

Why the other party didn't agree to all this in the mediation, could have saved me £300!!

 

Thanks for all your advice on here. It has been a great help!

[sailor sam]

What!? You had to pay the court fees!!!!??? Not a good result then! Personally I would appeal. Its too good a result for the garage. As you say they could of saved you the £300 court fee so THEY should pay it!!!

 

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]

The agreement was made between us, not the court, so don't know if I could get a refund?

Basically the judge asked if we could settle it between us., rather than the court deciding as he said he didn't know what way it would go...

Can I ask that dealership refund my fees?

Yes, the dealership could have saved me paying if they agreed to all this in the mediation!

[sailor sam]

How did you come to this 'arrangement'? Was it before going into court? What did you tell the court (clerk) about the 'arrangement' and have you told the court that the case is 'satisfied'?

 

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]

The arrangement was in the court in front of the judge.

 

I assume as he has dealt with many of these cases, he asked if we wanted to make an arrangement, of which we did in front of the judge.

He has given the dealership 1 month to sort it.

If the court don't hear from either of us in that month, he will dismiss the case assuming all is satisfied.

[sailor sam]

Mediation was the opportunity to 'come to an arrangement' which obviously didn't work. So far, this has gone dramatically in favour of the dealer as I see it. I strongly suggest that you contact the court and ask them the position of your costs because as things stand, you are the looser in respect of those.

 

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]

Thanks Sam.

I don't suppose you have any kind of format I can send to the court do you?

I want to make sure I send the right information!

[sailor sam]

Contact the court office by phone tomorrow and ask their advice. Make it clear you want to know about your costs. I am guessing that some kind of judgement will have to be made against the dealer as he should pay the court costs. Ideally the question should of been posed to the judge when you came to 'your agreement'. Your argument is quite simply that the dealer failed to respond before you commenced proceedings and the application progressed to the point that you had to pay for the hearing which, had the dealer demonstrated his willingness to 'come to an agreement', could of been avoided thus you feel it appropiate to request that the court make an order for your costs to be allowed.

 

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.