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Hi I'll try and keep this brief. A friend and I got on a train recently where there is no ticket facility and there was no conductor on the train. When we got to the destination station my mate took off to the ticket office and asked for two tickets from the last stop, not the station we go on at. At this point I wasn't aware that he was getting my ticket and was fully expecting to get my own. We'd had a few beers and he thought this was a bit of a high jinks and mischief, it certainly wasn't about the £3 difference in price. Well, as you can imagine we were questioned, had our details taken and advised that a letter would be on the way. Are we looking at prosecution or is there any possibility we'll be able to settle out of court? I can't believe we've been this silly and neither of us have any convictions at all.
Long story sorry, I bought a car on Monday 200 miles from where I live, test drove ok around town country lanes. 50 miles into my journey home I discovered it had a fault which only showed up on the motorway, causing it to shake violently. They have been fairly responsive to emails but I feel I'm banging my head against a wall, here is the email conversation below. I'm wondering what happens if I drive 200 miles on Thursday and they don't refund me, any advice on the whole situation appreciated. Thanks Ben Hello, I recently bought an S-Class from you, registration XXXXXXX. On the drive home it shook violently when accelerating from 60-70 on the motorway and the air conditioning doesn’t work. I have just been to my local Mercedes specialist for a brief diagnosis, they have said the torque converter is causing the large vibration and the gearbox is juddering also. They estimate this will cost £1600+vat to repair the torque converter and gearbox, plus approximately £200 if glycol is found in the radiator, which is common and contributory to the symptoms. The warranty you put on the car seems to insist on a service history, which I have not yet received, and I am aware that within 30 days you must repair the car free of charge or offer a full refund as obviously the fault was present at the time of purchase. I await your prompt response. ----------------------------------------------------------- Hi Ben, I have spoken to J regarding the issues you are having with the car. He has asked for you to bring the car into us on the 6th of October when he returns from his holiday and will get the car repaired for you. Thank you. Have a good afternoon. Kindest regards, E ------------------------------------------- Hello E Thank you for your prompt response. A month to repair the car is not within a reasonable timescale, also that coincides with my annual holiday. You will need to collect the car as it shakes violently at motorway speeds, it is not reasonable to expect me to drive it 200 miles under such dangerous conditions. I think at this stage it would be best to just return the car for a full refund and I will disregard my costs already incurred. Alternatively, you agree to get the car repaired at my local Mercedes specialist at your cost. I feel returning is the best option, you can repair at your own timescale and resell it for more money to recoup your losses. Regards Ben -------------------------------------- Hi Ben, As J is going away and we have no courtesy vehicles until the first week of October I would ask for you to bring the car in then. We are more than happy to supply you with a courtesy vehicle so you are not without a car whilst yours is with us. We are not able to inspect the car and diagnose it without seeing the vehicle or any proof of the issues your are experiencing. I understand this may be of inconvenience for you to bring the car back for repair, however we are happy to repair the car for you instead of you having to get it done locally to you and being out of pocket. Kindest regards E ------------------------- Hello E You seem to have disregarded what I have said. The car shakes violently at motorway speeds, it is your responsibility to collect the car, I will not risk my life with something that shakes violently at motorway speeds for 200 miles. Again, a month to repair a car is not reasonable. That is the time of my own holiday. If I do not get a satisfactory response today, my next calls are to trading standards and VOSA. By satisfactory I mean 1 of 3 things. 1. You collect the car promptly, leave me a courtesy car, then fix the car to a suitable standard. This doesn't mean in a month's time. Or 2. You agree for it to be repaired locally to me and you pay the bill, if you chose this I will forfeit my right to a courtesy car to save you some money. Or 3. Collect and refund the car in full. If this is agreed today and refunded and collected within a week then I will take it no further and pursue non of my already incurred costs. I am trying to be reasonable despite you gaining my mistrust. If you do not agree to a reasonable outcome, I will be forced to have the car repaired locally and claim from you through the small claims court. I trust you understand I am seriously not happy with the car or your service. In 24 hours I will book the car to be repaired locally and pursue you for ALL of my costs. Regards Ben --------------------------------- Hi Ben, Apologies if you feel I have disregarded what you have said but my hands are tied of you cannot get the car into us for further inspection. As I am sure you will agree when you and I took the car out for a test drive the car drove very smoothly without any issues. As you are refusing to bring the car back to us I will forward this matter to our legal time who will be in touch with you very soon. Kindest regards, E ------------------------------ Hello E You leave me no choice but to return the car under my short term right to reject. Under the consumer rights at 2015, I do not have to give you the opportunity to repair the vehicle within 30 days. I will be returning the car for a full refund. I have spoken to trading standards and they have taken your details. I will be returning it on Thursday the 22nd of September and you will refund me in full. Regards Ben ------------------------------ Hi Ben, Would you be able to please send me diagnostics that you have from your specialist you took the car to? This would help us to determine whether or not we could cover the cost for your repairs to save you having to bring the car back to us in London. I would like to do all I can to help, so I would like to know a breakdown of the cost that I can put to J. Thank you E ---------------------------- Hello E, I refer you back to my original email. On the drive home it shook violently when accelerating from 60-70 on the motorway and the air conditioning doesn’t work. I have just been to my local Mercedes specialist for a brief diagnosis, they have said the torque converter is causing the large vibration and the gearbox is juddering also. They estimate this will cost £1600+vat to repair the torque converter and gearbox, plus approximately £200 if glycol is found in the radiator, which is common and contributory to the symptoms. This doesn’t take into account the air conditioning not working, there are also a few other faults I have not mentioned, whilst less severe, which should be fixed, the coil light comes on which possibly means 1 or more glow plugs have gone. There is also a knocking noise from what I suspect is the rear suspension. As I said before, at this stage I insist (as is my legal right) that the car is returned for a full refund, I feel this is best as the repair bill is going to end up over £2000+vat, I’m quite sure you likely don’t have £2000 mark up on it, so best it is returned, sorted in your own time and you can resell it with a fresh gearbox for an increased value. As per my previous email, I will be returning it on Thursday the 22nd of September and you will refund me in full. Regards Ben --------------------------------- Please send the reports from the professionals you have taken it to so I can forward these onto our legal team. As I stated James is not in the country until 5th August so I will not be able to do anything until he is back in the country. The vehicle cannot be taken out of your possession without the logbook that was sent off to the dvla on the day you purchased the vehicle as it will be sent to you over the next 3-6weeks. Thank you for this. Good evening E --------------------------- Hello E, Never did I mention reports or diagnostics which you request, I said: I have just been to my local Mercedes specialist for a brief diagnosis, they have said the torque converter is causing the large vibration and the gearbox is juddering also. They estimate this will cost £1600+vat to repair the torque converter and gearbox, plus approximately £200 if glycol is found in the radiator, which is common and contributory to the symptoms. You are welcome to call them and discuss the car http://www.broadleyandholmes.co.uk/ I’m sure they’ll remember as it was only 2 days ago. If you wish them to do a full inspection and diagnosis of the entire vehicle then please arrange it and I will take it there, but it will be at your cost. Under the Consumer Rights Act 2015 the law considers a fault to be what a reasonable person considers a fault. It doesn’t take an engineer to see there is a serious and dangerous fault with the car, along with several minor faults. I have no interest whether J is in the country or not, I dealt with you for 90% of the sale acting on behalf of xxxxxxxxx Ltd, issuing a refund is as simple as taking a payment. The V5 is of no consequence, it is not proof of ownership, I can forward it when it arrives or you can request it from DVLA. Now please stop trying to delay, avoid and deflect your legal duty, you are bound by law to accept this car, whether you like it or not I will get a refund and return the car, if I have to involve trading standards further then I will do so, but I’d much rather it just be a smooth return and refund. I will be returning it on Thursday the 22nd of September and you will refund me in full. Regards Ben ----------------------------- Hi Ben, Apologies for the late response. Our legal team will respond to you by close of play Monday . Thank you Have a good weekend. E
I would appreciate your consideration of the shocking situation I have experienced with my Dodge Journey – now off the road and worthless following an unexpected, catastrophic and unbelievable internal mechanical collapse. My Dodge Journey is only four and a half years old with just 64,000 miles driven and was registered by the Chrysler dealer on 24th December 2009 and purchased direct from Chrysler Oxford by me in the summer of 2010 at just 6 months old with no other prior owners. My car was exclusively maintained and serviced by Chrysler Oxford until I relocated during 2013, after which it was only ever maintained and serviced by Chrysler Peterborough (Stoneacre). On 13th August 2014, during a journey through a local town the car came to a sudden and unexpected halt accompanied by some mechanical crunch-type noises. No warning lights, no sign or signal that anything was wrong prior to that moment. Following recovery and delivery of the car to Chrysler Peterborough the diagnosis was explained to me and confirmed by the dealership with the e-mail content below: .....After an initial diagnosis and strip down of your Dodge Journey here are the findings as discussed: The offside drive shaft has spun in the differential due to the splines being worn. This has in turn caused extensive damage to the differential splines. The vehicle requires a new transmission and driveshaft. Price as discussed is £11467 inclusive of parts, labour and VAT. Kind Regards Service Manager Stoneacre Peterborough Fiat, Chrysler, Jeep & Dodge As I am sure you will appreciate I was absolutely shocked and stunned by this outcome. I foolishly assumed that no reputable, quality, luxury car manufacturer would accept one of their vehicles collapsing in this way, at this age, at this, mileage. This was clearly always going to happen – it was just a matter of when this internal material defect would surface. There is nothing I could have done, nor could I have known this was going to happen. This was an expensive car to buy and I wanted to have a quality car, suited to the needs of my family. I wanted it to be maintained and serviced only by Chrysler – so that I could be sure that it would be well cared for and that I would know I had done all the right things to look after this car correctly. I have a disabled child that requires constant care and supervision and as he grows this car was to be a comfortable, safe, reliable, quality car from a reputable luxury brand. I did not get what I paid for as this car is no longer fit for purpose. While I fully understand that my car is beyond its original 3year warranty, this mechanical collapse surely must be an unusual and exceptional situation – which I assumed would be as big a shock to Chrysler UK as it was to me. I contacted Chrysler Customer Services and explained the events. I was advised that a Case Manager would be assigned and that contact would be made with Chrysler Peterborough to review the damage described by them. I waited 48 hours and as no contact had been made with me, I caller Chrysler UK again, only to be advised that no Case Manager had been assigned and that no action of any kind had been taken with my case. I realised then that Chrysler UK had no interest in my situation and were not intending to treat my case with any level of concern at all. After protesting at this appalling treatment a Customer Service ‘executive’ called me back and immediately advise in as prompt a manner as possible, that my Dodge Journey was out of warranty, that Chrysler UK had no intention of offering any goodwill solution to this situation, that there was no one else in Chrysler UK that I could escalate my case to and that I was not to contact Chrysler UK again as there was nothing else to say on the matter. My complaint is, I am sure, very clear: that through no fault of my own – at just four and a half years old and at just 64,000 miles - my luxury Dodge Journey car has suffered a catastrophic mechanical failure. I have a car that is now beyond economical repair and of no value to anyone in this current condition. I do not have the quality car I paid for and as the consumer I am left with nothing. This mechanical collapse was as a direct result of defective manufacture, be that materials or process – a situation that someone, somewhere should be taking responsibility for. I believe this situation is worthy of consideration at the highest level within Chrysler UK and my car should be repaired fully or replaced to honour the commitment to provide a vehicle fit for purpose and an appropriate expected lifespan. I am requesting help from you to assist in any way possible with getting someone to agree that this is unacceptable and to step in to offer a credible and honourable solution or could there any UK or European consumer law that might help me in this situation? Any advice offered would be of great benefit.