Dealership Abusing My Car (Camera Evidence)

[JeffW2010]

Hi,

 

Wonder if any of you can perhaps give me some advice on where I stand with this situation.

 

I have a 2008 car which had 30k miles on the clock at the time of the incident where a vital part of the cars drivetrain began to fail. I took it to a main dealer whereby it was confirmed it would need to go under the knife for this replacement part (£2200 worth of work should I had to have paid for it)

 

Now this is where it starts to get messy. I took my car back the following week to have it 'properly diagnosed' instead of just the word of the mechanic who I took out in my car. They called me the same day to confirm again that it was broken and needed this replacement part, but it wouldn't be covered under my warranty because I changed some of the engine hoses to blue (instead of original black) and I changed the exhaust for an official performance one, which can be bought from a main dealer or fitted as a factory option should you wish to pay the £1000 premium for it. At first, as you can imagine I wasn't happy about this and after a little bit arguing and me getting the manufacturers customer service team involved, they agreed to send out an engineer to the dealership to check my car out to see if the work would be authorised. After he had a look at my car he authorised the work to be done on my car providing it hadn't been chipped, this means my ECU would need to be sent away and inspected before the work would actually be done. I was then told I would have to pay £180 to have my ECU sent away and wasn't told how long it would take, could've been weeks, I was told however if my ECU came back 'clean' I would get my repair work done for free and my £180 back, but if it came back as chipped, I would lose my £180 and have to pay for the work, should I want it done. I agreed for them to send my ECU away and that I would come down the following day to pay them the £180.

 

So the following day arrives and before I arrive at the dealer I get a phone call to say, we have had your car checked again and it's fine. You don't need to pay us the money and your car will be repaired under the warranty. All they asked was that I come back to collect my car and bring it back to the dealership once the parts my car needed were in stock. All a bit odd considering I couldn't be given a timescale previously.. other than 'it could be weeks'.

 

So to summarise, so far, I've been messed about a little, but all in all, glad it was sorted that I wouldn't need to pay this heft bill. Now it starts to get a little bit more messy - Because of the kind of car I have, the reputation that dealerships have and the sheer amount of driving I do, in my car, I have a little camera installed in it that records various bits of information. Namely, forward facing video, audio inside the car, GPS location, vehicle speed and the g-forces that are being subjected to the car. When I got my car back from the dealership, there had been a considerable amount of petrol used in my car so I checked the on-board camera to see what had gone on with my car. This unvealed that my car had been abusely driven in to the back of the work shop from cold and then a few hours later taken on a 30 mile trip down the dual carriage way for this "ECU Inspection". When my car gets to said place, there about a dozen or so people all crowded round my car with the bonnet up and just generally proding around it and leaning on it, etc etc. Not only this but my car was driven at speeds of up to 90mph on the way to and from this place.

 

Was I happy about this? Not at all! But I decided to hang fire with my findings until the parts for my car were in stock and my car had been repaired. A couple of weeks pass, I take my car back and get the work carried out and I get my car back (after it had to go back in the workshop twice because they hadn't fitted the O2 sensors on the exhaust properly and hadn't clamped the exhaust back on to the turbo properly). After the last escapade, I checked my camera again to see what they had been up to in it.

 

To my disgust, they had been racing it up and down the nearest dual carriage way with this brand new part in it, taking it up to the rev limiter in 2nd and 3rd gear, going across roundabouts at 50mph, speeding in 60 zones doin 80-90mph, speeding in 30 zones doing 70mph, etc etc. At one point as he flew around a roundabout he almost collided with a lorry that was slowing pullin away. As I'm sure you can imagine, if this was someone doing this to your pride and joy, you would be slightly more than annoyed!

 

So that is the story so far - I approached the service manager in the most polite way that I could the same day I got the car back and explained the story to him. Who then told me it was a one off but he would have speak to the dealer manager who wasn't going to be in for another few days. I showed him all of the video footage which I now I had on my laptop.

 

A couple of days later, I went to see the dealership manager about this whole episode, who verbally apologised to me, said he would be dealing with the people involved and asked what it would take on his part to make me happy again and not lose me as a customer. I had asked him if he could do me a good deal on a new car, which was sort of next up in the range from mine because I no longer felt my car was my own. I felt violated that my car had been treated this way. He came back to me with a price which wasn't really a price whereby he was doing me any favours (I could've bought one online for a cheaper price than he was offering). So he then offered to service my car for free, should I wish to keep it. Again, after the way I was treat from start to finish, I didn't feel he was really going out of his way to keep me happy. I then asked about an extended warranty on my car when it runs out, because I fear that after the way my car was abused, the brand new parts in it, wouldn't last as long as they should and then I'd be back to square one. He agreed to look in to this, but said he could only do one or the other, not both. I walked away and left him to have a think about it, because I wasnt happy with one or the other.

 

A couple of days go by and I get a phone call from him offering both of the above, plus some breakdown assistance to run in conjunction with my additional warranty when my manufacturers warranty expires. Only problem with this, was that he wanted me to go down to the dealership the same day to get this all 'put to bed' as he put it. I declined as I had other things to do and would go down when I next had free time. About 4 days later I went down to see him and agreed to what he offered me, with certain conditions, that when my car went to his dealership, he took the keys and only he drove my car. This included test drives and what not. We all verbally agreed on this and left it at that, he said he would get it put in to writing and let me know when the letter was ready to sign.

 

A week passes and I get a call to say the letter is ready and waiting for me to sign. So I head down to the dealership and have a read of the letter. There was a condition in the letter which stated that I must destroy the video evidence and that I must not show it to anyone, etc etc. To which I stopped reading further and told him no way am I signing it. He said that the letter came from a solicitor and that was the deal. I responded with, well then we don't have a deal and went to leave his office. He told me he would be in touch - An hour later I get a call to say "The directors have given us authorisation to remove that clause of the letter so if you would like to come back and sign, that would be great".

 

I told him I would go back, but I want a copy of the letter and I'm going to seek some advice of my own. So here are another two clauses of the letter. One of which I think I know what they're trying to say and the other I'm not sure of at all:

1. This agreement is made without any admission of, our acceptance of liability by XYZ DEALERSHIP and this offer is made as a gesture of goodwill only.

2. Whilst this letter is marked 'without prejudice and subject to contract' when the letter has been signed by the parties it will become and open agreement.

 

From my understanding, point number 1 is basically saying, we're just doing you a favour for no apparent reason... It's got nothing to do with the fact you have caught us red handed abusing your car, because we aren't admitting to it.

 

As for number 2, I'm not too sure at all what that means?

 

Really sorry about the length of this first post, but I felt I needed to give you a run down of the complete picture so you can see what has gone on from start to finish before deciding on what you would do... I am quite tempted to take this to a solicitor myself and take it as far as I can go with it. I am annoyed that after having tried to reason with him myself, face to face, he then feels it necessary to take it to a solicitor and come out with things like point number 1 above. After all, I could have taken it straight to a solicitor and the first thing he would have known about this issue was when a letter from my solicitor landed on his desk.

 

 

Any thoughts anyone??

[BankFodder]

Very interesting indeed.

 

The clauses that you are worried about are fairly standard. The without prejudice means that if you don't agree, that you wouldn't be able to produce the letter as evidence in court.

 

What is the value of the loss which you have suffered and what is the value of the offer they are making you?

 

You are right not to agree to confidentiality or to destroy the video.

 

In fact they have broken the law by speeding but also by driving the car in this way without your permission - I expect that they would not be covered by their insurance.

I can expect that Trading Standards would be less than pleased and I expect alos that they are members of some professional organisation - of vehicle repairers which would also consider that they have breached standards.

I can imagine that they are very worried that you will take this further.

 

I expect that Top Gear would be very interested in the story - although I doubt whether they would pay you very much for it.

[JeffW2010]

Thanks for your reply mate.

 

Basically... losses are fairly low, the cost of the hire cars while my car was having the work done and being joy ridden and the countless number of trips backwards and forwards to the dealer. The only other thing would be potential long term damage to components of my car with it being driven the way it was with the exhaust hanging off the turbo (severe lack of back pressure I'm led to believe, which is bad for turbo oil seals).

 

Yeah I think they're pretty nervous about what I could do with the evidence I have.. I mean, the story is bad enough, but the fact its backed up with evidence from my camera just makes it doubly worse!

[BankFodder]

car hire losses aren't losses as you would have incurred those anyway.

 

I need to know the value of the losses incurred by their misdeeds.

 

You haven't told me the value of their offer

[JeffW2010]

Well, they picked up the bill for the work in the end so, to date, it's cost me nothing.

 

The service they offered would be about £200 I would say, and am not sure about the cost of a 12 month extended warranty... At least £200 tho I would say, perhaps more. Have had a look on their website but can't see any prices listed, just contact details for dealers.

[Conniff]

What actually were the parts that needed replacing and what is the make and model of the car.

[heliosuk]

Don't get the issue here. As I read it the car went wrong, was repaired under warranty but was "enthusiastically" driven on test. You complain, they apologise and offer compensation which you think is not suitable???

 

Would reiterate Conniffs post, what car and what parts?

 

So what's the problem?

[JeffW2010]

My point is, while they were ragging the tits off my car, having a good old laugh about it, who is going to ultimately be responsible for replacing the brand new gear box which was fitted hours before they took it for a joyride. Because lets be honest, you have to 'run in' new cars don't you... dare say this part wasn't 'ran in'.

 

I mean, I take my car to this dealership for some warranty work, and they give me the 3rd degree about how my car is treated, asking me how I look after my car, insinuating its down to how I drive and use the car, then they try and squeeze almost £2500 out of my back pocket and all the while, it's down to them morons who's abusing my car when it's in their posession.

 

So when the gearbox fails the next time, which it's likely to do because it's quite a common issue on these cars, I go back to said dealership and have this whole load of hassle all over again?

 

The car in question is an Astra VXR and the part that needed replacing on my 2008, 30k mile car was the gearbox. (As if THAT didn't p!ss me off alone, I then get the above when I take it for a repair!!!)

 

And my last point, I said I was happy to take what he offered, if you wanna read it again, what I'm not happy about is how his letter is pretty much telling me that he's not admitting him or his garage done any wrong, they're just giving me some free stuff for the sake of it. So IF it were to happen again, it couldn't be held against them? Err no

[Conniff]

I don't know of a common problem with the VXR gearbox. The language is standard language used in all documents of this type from pawnbrokers to banks, it doesn't mean you can take no action in the future.

 

So what are you holding out for?

[JeffW2010]

Search for M32 gearbox problems on Google. Those gearboxes are found in the Corsa VXR, Astra VXR, Zafira VXR, Astra 1.7/1.9CDTi's and Vectra 1.9CDTi's - They fail a lot. Even by admission of the garage... they've said they have replaced loads.

 

Well, I don't like the car anymore, it doesn't feel the same to drive, hard to describe, but it just doesn't, I'm constantly concerned in case it happens again except I'm left to foot the £2500 bill the next time and not to mention how it just doesn't feel mine anymore since those sh!t heads were out joyriding in it. Idealy I would like them to buy my car off me for a fair price and by fair I don't mean book price, not given what has gone on. Do you think it's worth trying?

[Conniff]

They could recind the deal altogether if you push too hard. It's not exactly a cruising car and you must have given it a push now and then.

 

All they really had to offer was to refill you fuel tank. I think you have been offered a cracking deal as I can't see that they have actually done anyting wrong.

[JeffW2010]

Maybe it doesn't come across well as text, I might see if I can get the video uploaded and let you have a look. Everyone else that's actually seen the video has just been absolutely disgusted.

 

Yeah I've given my car a push now and then, but it's not abused. Bouncing it off the rev limiter in 2nd and 3rd gear when the engine is cold is abuse. Screaming up to roundabouts doing 90 and slamming on down to 50mph, thats my brakes and my tires!!

 

As for pulling the deal all together, I don't think they would do that in all honesty, they were absolutely crapping themselves in case I started to put the video footage about to the media and the likes. Which I am more than prepared to do to be honest.

[scaniaman]

Sounds like this camera / audio system is the bees and ees. Where did you get it and what was the cost?

This story is akin to an article in the Scottish Sunday Post a few weeks ago. The paper reported, complete with photo, of a chap who took his van into Arnold Clark for service/ repair. He also had this system fitted and found Clark's men using the van for their own use, covering a fair milage and other misdemeanours.

[heliosuk]

Perhaps a reality check is needed here Jeff. With respect I can appreciate you feel it is special but at the end of the day it's a factory manufactured unit. All cars are engineered to set limits so the questions about the chipping of the ecu etc are very relevant in relation to any warranty. As regards run in procedures, in this day and age it is not necessary though good practise. It would not affect any mass produced gearbox either. Perhaps a hand built one then yes, this might be the case.

 

You have every right to complain about the way the car was treated which is wholly unacceptable but then they have atempted to address this.

 

You have the warranty on your new box so if you are looking for something out of this then ask for some sort of Vauxhaul track day........though I'm not aware that they have any models that justify it at the moment!!

 

What you have gone through is standard manufactuer procedure and the inconvinience seems to have been addressed with their offers?

[Conniff]

in case I started to put the video footage about to the media and the likes. Which I am more than prepared to do to be honest.

 

It wouldn't do them any real harm. I think you will find that the majority of garages enjoy a test drive - that doesn't mean they do/should go over the top.

 

Just think carefully as you have had no loss so you have nothing to get the courts involved with.

[JeffW2010]

Sounds like this camera / audio system is the bees and ees. Where did you get it and what was the cost?

This story is akin to an article in the Scottish Sunday Post a few weeks ago. The paper reported, complete with photo, of a chap who took his van into Arnold Clark for service/ repair. He also had this system fitted and found Clark's men using the van for their own use, covering a fair milage and other misdemeanours.

 

It's called a Roadhawk. I've got the RH-1 in my car but they have recently released a new one with a backward facing camera also.

 

I discovered the camera because of a video/article I seen on the Internet of a dealership abusing someones Monaro VXR and this was the camera he had in his car.

[JeffW2010]

It wouldn't do them any real harm. I think you will find that the majority of garages enjoy a test drive - that doesn't mean they do/should go over the top.

 

Just think carefully as you have had no loss so you have nothing to get the courts involved with.

 

Don't get me wrong, it is the kind of car that attracts attention and I'd be an idiot to expect them to mince around in it doing 25mph in it. Even if they were speeding in it, not my license, I don't really care, its the laps around the dual carriage way which you can blatently see its not a test drive... its just been taken out to satisfy the thrills of some little scrote head mechanic that can only afford to run a Fiat Panda or something.

 

I would just rather they bought my car off me and that be the end of it. They don't need to see or listen to me going on at them and I don't need to worry that if I did ever take my car back, the kind of abuse it would be subject to again.

[heliosuk]

Don't get me wrong, it is the kind of car that attracts attention.

 

An Astra VXR??????????...........get real and as I said take a reality check.

 

There's nothing special about it. It's a run of the mill Astra with a few more horsepower than an ordinary Astra, it's not a limited edition super duper one. It's nothing spectacular either so why you think this is beyond me.

 

Getting back to the original post and thread, it's been repaired under warranty subject to normal checks and the misuse the garage has offered to compensate for.

 

So what's the problem????

[JeffW2010]

An Astra VXR??????????...........get real and as I said take a reality check.

 

There's nothing special about it. It's a run of the mill Astra with a few more horsepower than an ordinary Astra, it's not a limited edition super duper one. It's nothing spectacular either so why you think this is beyond me.

 

Getting back to the original post and thread, it's been repaired under warranty subject to normal checks and the misuse the garage has offered to compensate for.

 

So what's the problem????

 

I don't think it's anything special at all. What I said is, it attracts attention. I've owned it for over a year now and I've had plenty of people show interest in it, etc etc. Granted it's just 'an Astra', I'm well aware of that fact. But these little grease monkeys workng in the dealer will be used to working on 'run of the mill Astra's' and corsas and whatever else, so when they get a VXR in.. be it Corsa, AStra or otherwise, they're bound to get their kicks out of kicking the head in of someone elses pride and joy.

 

And if you'd take a minute to re-read what I've already posted further up and stop jumping down my neck about reality checks and all the rest of it, you'll see the question I've asked.

 

Unless you plan to repsond to this reply with anything other than some useful advice in answer to my question, then STFU.

[heliosuk]

Unless you plan to repsond to this reply with anything other than some useful advice in answer to my question, then STFU.

 

Yeah, so what's the question????

 

You asked for thoughts and you got them. What's the problem??

 

You had an issue which was adressed by the dealer with various offers and an apology.

 

What do you want???

[JeffW2010]

Yeah, so what's the question????

 

You asked for thoughts and you got them. What's the problem??

 

You had an issue which was adressed by the dealer with various offers and an apology.

 

What do you want???

 

Like I said... read further up.

[scaniaman]

Thats a bit unfair Heliosuk, the guys HAD a reality check and who can blame him for wanting to get shot of a Vauxhall? LOL

[BankFodder]

I can see that you aren't pleased about it - and I don't expect that I would be either.

However, from a legal point of view you will only be entitled to recoup your actual losses.

 

As you have had the work done for free I can imagine that a judge would say that you are now quits.

 

You now have to decide whether you want to accept the extra which they are offering you or you want to inform various authorities so that garages are warned and so there is less chance that this will happen to others.

 

The value of the offer to you so far is a good deal and you won't get better in the courts - in fact you will get worse.

 

As for your feelings about the car - I think that is a personal matter for you. I think that you are going to have to accept it.

 

If you really have these personal feelings about the car then I supose that the way to express your anger is to go ahead and make the complaints which I suggested in my earlier post

[Surfer01]

If it was my car I would be more than annoyed and would expect a bit more than an extended warranty. The dealer knows that the video is dynamite and very incriminating and if it was aired on Top gear or Watchdog it could be the end of that dealership.

If they have done this to your car this time, how many times have they done it to other cars and not got caught?

I would go for the jugular and send the video to Top gear or Watchdog and stuff getting any cash or extended warranties. Also may be an idea to sell the car anyway as the egarbox probably will fail again and then you are back to square one. Find another brand of car.

[Conniff]

If it was my car I would be more than annoyed and would expect a bit more than an extended warranty. The dealer knows that the video is dynamite and very incriminating and if it was aired on Top gear or Watchdog it could be the end of that dealership.

If they have done this to your car this time, how many times have they done it to other cars and not got caught?

I would go for the jugular and send the video to Top gear or Watchdog and stuff getting any cash or extended warranties. Also may be an idea to sell the car anyway as the egarbox probably will fail again and then you are back to square one. Find another brand of car.

 

 

It won't have any effect whatsoever, at most a couple of customers and then forgotten.