Jump to content


  • Tweets

  • Posts

    • My mind is a blur so i cant recall exactly what the judge said at the end, but he mentioned that he would be making an order for Evri to make payment to me. I wasn't sure if the court order will also be provided to me, either by post or email - if anyone can shed some light please?
    • Agree with everyone here it's bang to rights. Looks like you just slightly jinked left in order to go right. Ultimately, your time saving attempt is going to cost you as I don't think you have any grounds to appeal. I'd just pay the charge and chalk it up to experience.
    • Thank you everyone!  thought to share some points from my experience in court today that may help others who are taking Evri to court: The judge sets out how the hearing will go and how each party should behave; while i was certainly feeling anxious/nervous ahead of the hearing (and I'm sure @jk2054 may have also observed this), the judge really does try to put any non-legal persons at ease; refrain from talking to the other party and instead speak to the judge if you have any questions/responses; the judge and the advocate spoke about tort of negligence - i wasn't sure how this applied to my case but the judge was questionning the advocate about this so i chose to stay out of this; the judge made reference to a historical case of Donaghue v Stevenson which established a duty of care; the judge observed that some of the points in Evri's witness statement by george wood needed cross examination but george was not present today for questionning; While i was claiming 8% interest, the judge pointed out that is the upper limit and that today, savings accounts give 4-5%. I therefore opted for 5% interest which was agreed to by the judge and the advocate; above all else, ensure you know your court bundle and have any notes to help you refer to specific sections - it helped me to structure my answers to the judge/defendant's queries, and point to specific evidence where i was asked to prove e.g., the value of the item. @honeybee13 - yes, will confirm when payment is received. I have emailed the Evri.claims email with my bank details and also provided them after the hearing to the advocate. @BankFodder message received and i am replying to it
    • Looks promising then.  Well done   Dx
    • So a little update.  I sent a complaint to ico and have heard nothing. I just got the general reply email and that's it.  Sat twiddling my thumbs and thought about what I should do next. I searched for the CEO of Studio but then found that he'd left so as keep getting letters from studio about the arrears etc. I thought I'd email the David Twigg. Sent him all the bumpft and a copy of my original complaint and sars request.  Got no response. So didn't know what else to do. Then I thought I'd try through the financial difficulties option on the online form. One last try before I just give up and let them default me.  Then on the 5th June. I got an email from their customer services. That the items that had gone AWOL have all been cancelled. Nothing else on that email, so I had a look in an email account that I don't use anymore and there was an email from the customer service.  That they were sorry for the problems I've had for the last 9 months. That the sars info was emailed to me on 14/04, it wasn't I've kept all spam and deleted emails on that account, they have raised a complaint with their studio pay team regarding the issues, balance dispute, fee's and my credit file. They are hoping to resolve in 3 days but they have upto 56. They also said in regards to my other issues I have to raise a complaint with studio retail but haven't told me how I do that.  The sars info only goes upto the end of December 2023. It has my previous complaints on there but nothing after so I don't know how I get hold of that information. Luckily I've kept copies of every time I've contacted them. Every web chat or social media contact.  Apologies for the extremely long post but I wanted to add everything I could just incase.  I have checked my account balance and it's still minus 900 odd pounds but I'll keep checking to see if it's all cleared and on my credit file.  I'm hoping this is the end of the whole debacle and they close my account because I never want to do this again. Although it's been a learning experience.  Thanks to dx100uk for pointing me in the right direction. Much appreciated.   
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

VW Warranty - up! Gearbox


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3231 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

Link to post
Share on other sites

What vw is it? I go on the passat world forum and there are many current and ex vw mechanics on there, who can post up official service and fault bulletins directly from vw. Armed with this info you can usually get work done foc if they recognise the fault is a known one,

Link to post
Share on other sites

Oh yes, didn't spot that, right up the top there. Then I wonder if there is a similar type forum for them. You could sign up to Passat world anyway and maybe message some of the guys on there who post service bulletins, you never know you may find they can provide you with something you can go on.

Link to post
Share on other sites

The query here would be if they did indeed replace the box under the first repair. If it was repaired then the onus for the repair now would lie with the dealer who repaired it however the VW warranty given by dealers is transferable to other dealers in the UK only. If it's a particular part that has failed again then that would be covered by VW's parts warranty so there should not be any issue at all.

 

Being cynical about the skills level of technicians today I'd bet the dealer has cocked something up and doesn't want to foot the bill.

 

In order to move this forward you need to do the following:

 

Look up VW GMBH on Goofle and look around the site where you will find Martin Winterkorns e mail address. Write to him telling him the car is crap and you want a new box, not a repair.

 

What this does is trigger a response from VW GB, not the sub contracted idiots paid to fend customers off who you have been dealing with at the moment.

 

Then you start getting results!!

Link to post
Share on other sites

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.

Link to post
Share on other sites

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!

Link to post
Share on other sites

It has failed very quyickly, the repair that the garage done on it has also failed, so i would not say he car or the rectification was particully fit for purpose.

It is easier to enter a rich man than for a camel to pass a needle

Link to post
Share on other sites

Winterkorn's secretary usually takes a couple of days to reply so if you can, hold back from taking the car away from the VW dealership. Once you do that you are not going to get anywhere. What happens is you get a note from her and a very quick phone call from VW GB.

 

I don't think to date you have been dealing with VW GB themselves but a subcontracted organisation who in reality know Jack **it and are not in a position to assess exactly what has gone on.

 

Ford tried the same thing a few years ago and withdrew the contract pretty quickly if I remember rightly.

Link to post
Share on other sites

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....

Link to post
Share on other sites

This is standard response from Herr Winterkorns office but what it does do is get it on the big boys radar at VW GB in Milton Keynes. Now a case file will have been raised and they will be talking to the dealer and engineering departments to get the true picture.

 

This is the problem with VW/Audi group in the UK. When there is a problem you don't get to talk with them unless you follow this route.

 

What is likely to follow next is a call from the executive customer relationship centre offering a percentage repair. If the car has never been out of the dealer network then stand your ground. If it has then you need to concede a bit.

 

It's not really clear as to what the fault actually is from the description given so perhaps a bit more detailed info???

 

The good news is that it's now being taken seriously at a very high level.

 

Other factors to bear in mind are to not push your luck and steer well clear of advice about SOGA etc at the moment. Mention that and you'll end up with little or nothing.

Link to post
Share on other sites

  • 3 weeks later...
  • 1 year later...
What vw is it? I go on the passat world forum and there are many current and ex vw mechanics on there, who can post up official service and fault bulletins directly from vw. Armed with this info you can usually get work done foc if they recognise the fault is a known one,

 

I would love to know form the technicians how many they deal with. My passat cc has just been diagnosed with possible gearbox rebuilt needed after the clutch part has broken off and ground through the transmission block!

 

I cant attach pictures as I dont have a high enough post count!

Link to post
Share on other sites

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

 

How did you get on with the claim against VW? I will be starting mine soon as not happy with the VW brand and would love to know who I can contact if you have some contacts. Thanks

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...