head office have said they won't pay - i have the legal dept details. - Will start a moneyclaim shortly

Thanks for your help so far, Winterkorn's people have replied to say they have no say but will forward to"the Brand Manager of Volkswagen UK, Mr Robert Hazelwood, for his information"p> Also the twitter team have said they will "forward your concerns along with the details of your previous case to our Executive Office who work on behalf of the Directors of Volkswagen UK and they’ll be in touch as soon as possible"The strip and rebuild fee of over £400 has been waived by the repairer at least....

I'm not sure this is grounds for that, the car as sold was fit for purpose pretty much?

It was paid on credit card (0% offer) second hand from a VW dealer - not the one currently repairing (or not)I will amend formatting on my above post, was sent from phone!

Thanks for your replies, to keep you updated:The independant specilaist confirmed it was not likely to be driver error - but in fact "clucth drag" he told VW this yesterday. VW UK Tech support called me today to inform me that clutch drag wouldnt cause this - they are wrong, also clutches can't be adjusted - they are wrong here also.The fact the replacement from December may have installed wrong is irrelevant they say, and they have taken that installers word as such. The have closed the case, final verdict being my fault - there is no further discusion they have said.I have decided to take the gearbox to the specialist to repair at a fraction of VWs quote of over £2500 and take small claims route against VW to recoup my financial loss.This has been tweeted on VWUKhelp and i emailed [email protected] as well - yet to get any reply however.

I have an issue with my vw up! Bought used in September 2013 – the car was first registered in June 2012.The gearbox “started to fail” in December 2013 (at 21000miles)and was replaced under warranty by the repairer (a VW retailer - we'll call VWM), followed by a call from them reminding me the car “doesn’t have synchromesh”. Last week and approx 7000miles later, the same problem seemed to have recurred – the initial response from VWM was that it wouldn’t be covered again, they had a look - decided it was the same fault and wouldn’t be repaired under warranty. I was told to pay £360 for them to strip and sent photos to VW for a second opinion. I spoke to VW UK at this point who informed me that VWM had already advised them it was driver error and had given guidance to VW UK to that effect.Goodwill it seems has to come from the repairer *and* VW UK combined, if the repairer won’t help – I’m not going to get help from VW UK , so I’ve been told by VW UK I have spoken to another VW dealer (the one I bought it from), who were very surprised a gearbox would fail after such a short time irrespective of driving style, and an independent VW specialist who also agreed that VWs can be driven by all sorts of drivers, some good some bad, and the boxes not fail – they too were surprised it has failed. They were both even more surprised that the repairer are so sure it was driver error and not a manufacturing or installation fault.VWM said they have decided and there is no second opinion needed.The onus it seems, is on me to prove it wasn’t my fault – in the meantime an approximate additional cost of £2600 has been quoted to repair the car. The fact that it could have been a manufacturer error, install error design flaw or just bad luck seems to have evaded this problem, the easiest solution seems to be make the end user pay. Proving this was not driver error (I’m 40years old driving a 1 litre car, having never broken a gearbox in over 20 years)may prove difficult, I have also tweeted @VWUKHelp and they say get a second opinion – which I am doing – today at a specialised gearbox garage, if they can confirm it isn’t 100% due to driver error – can anyone advise if this is enough to say to VW it is *not* categorically my fault, the element of doubt being enough to throw doubt onto VWM maintaining it’s my fault in isolation. Of note, is that a quick Google search throws up several examples of up! Gearbox problems – so why VW are so keen to hide behind the advice of a repairer who frankly seem to have gone out of their way to ensure I don’t get it repaired under warranty is beyond me. The problem is it seems the reverse gear cog and cog that drives it has sheared slightly

Thanks, it's hard to say how out of pocket i am/was really.The phone was worth over £350 but i paid £80 for it second hand on eBay. I would post more but this browser at work hasn't got HTML so formatting makes it one long paragraph!

I've recently had a rather unpleasant email from a repair firm and would like people's opinions on where to go. I'm happy to be advised to just leave it or similarly i'm not afraid to escalate. In brief,I sent my phone to a firm to have the screen replaced.After 2 weeks they rang to say they coudln't repair it and did i want to pay for them to return or they would dispose of it for me.I asked them to return it. After a couple of weeks i had a look at the phone and 1 of the screws holding it together has been rounded - no tool will be able to remove it, 2 were threaded - a tool can turn the screw but it isn't actually undoing it.I asked the firm to explain the damage, the said they had rounded a screw but were unable to rectify.I asked what they intended to do about this and the email was then replied by the boss who and i quote "advised (sic) I take it further" My reply was to ask for the details then to whom i could send any legal/expenses claim.The details were given by a thus so far polite reply - I asked that they confirm they had by their own admission (earlier email) rounded the screws and were "unable to rectify" and i questioned why this damage was not pointed out prior to me asking. I gave them 14days to consider a suitable way of making the situation better - as i thought to go straight into any small claims action would not have giventhem any time to reconsider their options. The reply is quoted below, i have removed names. "without prejudice AA, Your not talking with BB anymore so id change your tone when your speaking to me. I suggest infuture if you are unhappy with something you speak to the person in charge and matters might be resolved. Instead you have called us liars and threatened us. I suggest you do not talk to me like im stupid and enough with the smart ass comments! i dont take to threats and i am not scared by you taking us to a small claims court. For your information we have been trading for 10 years and no one has ever threatened or has taken us to any court because we resolve any problems quickly. Next time before you start getting on your high horse and making such threats i suggest you make a phone call, You might find it makes your life a little easier. I will give you 14 days to think over what i have said and maybe you might want to start again minus the threats. If i do not hear anything i will await for the paper work / date. I will make it perfectly clear again, i am happy for you to take us to a small claims court. WIll you win? that is not important to me. Hopefully you will learn something from this. You seem like a guy who uses this method anytime you don not get your own way. it does not wash with me. 14 days AA" A somewhat angry response I feel, and it has rather manacing undertones also. Bear in mind this person is the one who advised I take it further and i'm not sure "getting my own way" is asking how they damaged my phone! My only reply was for clarification about the 14days part. Replied thus:"After the 14 days we will not be open to resolving this and your only option will be court" Anyone have any thoughts please? thanks in advance! Forgot to add, I have fixed it myself using brute force i was able to prise the phone apart - I never intended they replace it with a new one anyway even a refund of my initial post would been enough of a gesture!

to close this off- i told them i had the dpa and it was riddled with errors, got a call 2 days later and they offered £1877. clase closed!

It seems the SAR stuff has arrived today, will have a read later.

Latest is, Regional tech manager - Mr S Fisher has called and sent a letter too, still offering "goodwill" of £1000. He said the offer of £1877 was never that, it was (if mentioned , he says) a figure the two reps took away to ask their managers about. I have asked for a SAR from head office, they did call and i asked why they'd withdrawn the offer of £1877, they were to call back - last week still no reply. The DPA/SAR they have acknowledged - 40days to provide details. Mr Fisher confirmed that even though the engineer who broke the bolier should have asked the manufacturer to visit, the fact he didn't doesn't change the outcome because i did and the boiler still didn't get fixed. He also said that i have a new boiler and my current one could have failed irrespective of BG. I could do with £1000 to fix the Mrs car, so am tempted to just say yes! on the other hand, i could start MCOL without the SAR could I not?

brilliant MrHandyman, very helpful, i'll keep you posted on here! thanks

thanks for your answer, The operations manager's words were the "satisfactory resolution" ones, and they arranged the two managers to visit. I faxed the recipts to the Tech (i think it was technical) manager and he reiterated this was for £1877 settlement, which i wrote in the fax header also. The Tech (?) manager then rung the next day to say it was now £1000 final. I asked to speak again to the operations manager who now inisists it's £1000 or nothing - she won't discuss any further. The exact process is what i'm not 100% clear of, during the meeting they said the only process was that the engineer should have called BG for guidance, and didn't. But this alone isn't proof they are wrong. I like the SAR advice, i'll do that without delay.

oops can a mod please correct the title of the post - slight typo!

First off, I haven't posted on here for years since I took my bank to court (and won - and donated to this site!). I have had since November 2006 a British Gas Homecare 400 agreement, in March this year they declared my boiler dangerous and not fit for use. During a routine repair the engineer tested for CO and found higher than normal levels so proceeded (without my permission) to attempt to remove a seal with a view to putting a new seal on. Unfortunately the engineer broke one of the 8 bolts holding the seal on then went on to break another. At this point he decided he had caused too much damage and declared the boiler unusable (which it now was). The engineer quickly arranged a quote from BG (over 4k) for a new one, and as the boiler was over 7 years old the homecare agreement doesn’t provide a replacement. I thought it may be best to get the manufacturer around to look (They are also heateam who also offer a care package) the engineer came, tried to put new bolts in but couldn't so he agreed it was no longer usable. He did however say that this boiler type (Powermax 155) should have 8 baffles/turbulators in and couldn’t find any - these are it seems long pieces of metal and should be replaced or checked every service. I elected to shop around for a new boiler myself and in the end paid around £2300 for a replacement. Soon after this I asked BG why their Homecare agreement, which is supposed to include a yearly service didn't discover these turbolators where missing and they said their service didn't need to check that. Being out of pocket I invited BG to come check the old boiler, they sent a manager around, he verbally acknowledged the process wasn't followed and offered me 3 months free cover on my new boiler. I refused so they sent a letter some 6 weeks later reiterating their offer of 3 months refund (a different offer you'll note). This I refused also and sent an LBA as I intended to recover the costs of the new boiler, its install and some kind of refund of my payments under the care agreement as their poor servicing didn't pick up a problem inside the boiler. Now we're right up to date as I have had a visit from 2 managers (at the same time) in order to "reach a satisfactory resolution". We talked for over 90mins and in the end I agreed in order to reach a quicker resolution I would not pursue the service costs as I had used it on occasion for minor maintenance etc. They said if they had installed it the labour would be zero to them so they wouldn’t pay labour and offered £700. I refused this as I had still paid the labour! I asked for 2,377 - they countered £1,300 (this was effectively the parts I paid for) so I countered with £1,877 which they agreed if I could provide receipts for all parts etc. I sent them all receipts showing I’d paid £2377 but would accept £1877 as full and final settlement. Next day I receive a call and the final offer from them is £1000 with no further discussion. Phew! So, I am due to get letter tomorrow offering this amount or nothing. I am of the opinion that the poor service not picking up the lack of the turbolaters has in some way caused the bolts atop the boiler to be weakened and therefore their actions caused the premature failing etc. I still have the old boiler, is there any point in getting an independent inspection and continuing the Moneyclaim action or should I take the £1000 and think myself lucky! Any views please! thanks in advance, for reading this long post!

Hello again, i've not posted on here for a few years now! Back February I was looking to sell some old phones and it looked like easiest and quickest way was by using CEX. I chose the online rather than using the shop as the shop always looks busy. They gave a price based on the value of the phones as I’d described and I duly sent them recorded delivery. After 4 weeks without word from CEX, I checked royal mail, the items arrived 2 days after sending so I emailed CEX to see what was happening. 9 Days later they replied asking for proof of delivery which I was able to provide – they then “found” the items. The price they offered was less than I expected so I asked for them back so I could sell them myself. They said they would not send them back and would pay me the lower amount. So I’m wondering after they denied even having the items if they might just regrade all items they get - as if they refuse to return them they could feasibly pay anything they like? As the amount is not what I agreed, are they not withholding my property? I think my next step is to blacklist the phones and or take them to court. Does anyone have any other suggestions? What are my rights regarding them not paying the amount they agreed, surely it cant just be up to them and I have to just accept? Thanks in advance

I too had little (well no useful) help at the end - I did get one offer albeit too late to change things.

Ok - I’m still awake! Here’s the first letter from SCM: We refer to the Small claims hearing due to be heard on 19th June and confirm that our client has advised us they will be settling the above claim in full. In light of this we enclose our clients; cheque in the sum of £987.74 in settlement of this claim together with a copy of our letter sent to the court for your information. Please be advised that by our client settling this claim is not to be treated in any way as an admission of liability. This is merely an attempt to resolve the matter amicably between the parties concerned. We therefore trust you will write to the court to confirm our claim has been settled and provide this office with a copy for our records. --------------------------------------------------- The next letter (to the court) reads: We refer to the hearing due to be heard June 19th. Our client has advised that in order to avoid further costs in this matter they will be settling the claimant’s claim in full, and in the circumstances we would ask for the hearing to be vacated. With this in mind a personal cheque has been sent to the claimant for £987.74 which is calculated as follows: Amount of claim £847.26 Court fee £ 80 Interest at 8% (£0.18 pence *336 days) £60.48 Total £987.74 In light of the above our client will not be represented at the small claims hearing and we would respectfully request these proceedings be marked as settled. We enclose copies etc etc ---------------------------------------------------------- The claim before interest was for £784.50 Plus the court fee £80 And Data Protection Act fee? And interest which I calculated to be £531.84 so far (bearing in mind the fees started back in 1996). Have I made a big mistake in the interest (it’s very possible!) Where does 336 days come from? What do you guys think?

Received a letter from SCM today with a copy of their letter to the court and a cheque. I'll post full info overnight - but in brief, the cheque is in full settlement of my claim - I think! Should it have included the Data Protection Act fee? Also as most of my charges are over 6 years old the interest is not a small amount unless I’ve made a large mistake with the spreadsheet! Can someone please confirm that, for example a charge for £7 levied to me on 23/04/1996 with that being 4070 days since - would have accrued £6.27 interest? (At 8% apr) They’ve given me approx £60 in total for £787 of charges using 8% for 336 days (where 336 came from I’ve no idea!) So the total is (again approx - I’ll correct this later) £987 when I’m thinking it should have been around £1400 Inc court fee. The other letter is to the court saying they have settled and they will not be attending the court on Tuesday. I’ve tried to call them all afternoon but they're "too busy" and no- one called back. As I said I’ll post proper numbers and the letters in a few hours (on a night shift tonight).

Hello, i sent the customer relations department a recorded letter requesting free cancellation by way of a PAC code for them altering the terms to my detriment. I sent this as sooon as i heard about the change - oddly enough i was never actually "told" about the change at all officially, the first response was that i never call the numbers so wasn't affected anyway... When i called to chase it up I was told many times that I couldn’t cancel (CS refusing to transfer me to C Realtions/disconnections unless i "promised i had a card and would be paying to cancel early!!) but eventually after writing an email via their website complaints section that the letter wasn't answered, I got a call with a PAC. When i find the letter I’ll post it here. Oh and I'm a Male! (As was quincy m.e.)!!

I was allowed out of contract early soley due to this change.

I tried to call SCM today and spoke to the same helpful (?) person who always seems to answer my calls (at least they've removed him from the greeting message). I was asking as to why I’ve not received any documents at all despite us meeting in court next Tuesday. I was told that Mr Thomas was too busy to speak and the department dealing with these cases was also too busy - i asked that a message be left for them to call back. When i explained it was due lack of any documents from LLoyds/SCM he said it's "probably because we don't intend to rely on any - we don't need to". Why would they not need documents? They haven't called back by the way - and i'm not going to chase them.

well done

very best of luck - i'm in court next week and heard nothing at all from SCm either - looks like they're taking it to the wire ... finger's crossed for you!

.....even tho it's next week - i've not heard a squeak from SCM! Not worried tho - it'll be fun to see them if they turn up