Vauxhall main dealer and court action

[dj.brian]

Long story cut very short;

 

I have a 2006 Vauxhall Zafira auto.

About 12 months ago the auto box was not "kicking" down when required or would just jump around the gears. Light also came up on dash and "rad coolant level low" showed up l

Took it to a Vauxhall main dealer who could not find anything wrong with the car and told me to just keep topping up the rad when the light comes on as there "may" be a small leak somewhere, even though they could not find one.

 

Had a full service done, 2 days later coil pack failed and AA fitted new one at cost telling me it was most prob due to one of the spark plugs not being put in properly, did not as for written confirmation of this (yes I know I should have)

Complained to garage who stated it would not have been them but offered a free service next time round. Told them about coolant light again and was again advised to just top it up.

 

Gear box was still not right so took it back to same garage three more times. Last time I asked them to check the gear box oil as on one of the forums it states that could be the problem. Was told oil was nice and clear and no issues. Again told to just top up the coolant when the light comes on.

 

Three weeks later engine light came on and car broke down. AA took it to same vauxhall dealer, this time was advised segments from the radiator had leaked into the gearbox oil and a new gearbox and radiator was required at a cost of 3K.

 

I obviously argued the point why this was not picked up before but was told "nothing to do with us mate" attitude !

 

Wrote many many emails of complaint etc but was just told it needed a gearbox and they offered no explanation as to why this had not been picked up before when they had my car in for service etc.

 

When I was last at the garage I was advised the MD of "Go Vaauxhall" (the garage I took my car to all the time) was in his office if I wanted to talk to him personally. I obviously said I would and was walked over to another building as he was on the top floor. The only way to get to his office was via a spiral staircase, now I am disabled due to spinal injuries and use either a walking stick/crutches or wheelchair, something the garage are well aware off. I managed to get myself up the stairs as there was no lift and into the MDs office. After shutting the door he asked what my problem was ! I tried to explain all the issues when he in a loud voice started to argue. I decided this was not the correct way of dealing with the situation and walked out of his office.

 

I again sent emails with my concerns but was just told if I wanted my car back I had to pay for the new gear box, which I eventually did as I needed a car as they advised me they did not have a loan car for me to use.

 

Got the car home only for the coolant light to come back on ! Called the garage and this time they fitted a new "cooler" tank.

Three days later new gearbox started to muck around again. Called AA who advised me ALL the gear box oil had come out due to a faulty seal. Called the garage yet again, not a happy bunny at this stage !!!!

 

Was advised I had to get the car to them as they could not recover my car for me and they had no loan car's as it was now the Xmas break. Finally got the AA to take my car back to them on 7th January this year. They fixed the seal over the next three days. Sent more emails etc with no offer of compensation or anything at all.

 

Due to my disability I was taken into hospital for another major spinal operation and have not been able to do anything for the last three months.

 

I have now taken civil action against the garage at a cost of £70 to me claiming half the money for the gear box as I cannot afford the extra fee for claiming the full amount. Just received an email telling me they are going to fight this in court and are obviously in a better position than me to get my point across as they will have their own legal team etc.

 

Is it best for me now just to give in due to the size of the company and if it cost me any more money, which I would now have to borrow ! I just feel I have been "had over" and it has cost me to try and prove this and the garage are just taking the pee !!

 

Will it cost me any more money ? I have been advised by the court they are sending out a form N181 for me to fill in.

 

Any help or advice would be greatly appreciated.

Thanks for reading my "little" problems I am having with a Vauxhall main dealer.

 

Regards

Brian

[Conniff]

A sad sad story but I'm afraid very typical of most car repair garages, main dealer or back street.

 

You have easily the right on your side and a court claim for the 'full' amount should be lodged, court fees will be part of your claim.

 

Lay everything you have from the very start of all this and get together all paperwork and emails and set them all out in a chronological order. Write down everything that you can remember that was said, by whom and when.

 

Big companies have no more chance of winning at court than anyone else and this 'legal team' is pure bull. They do not have a legal team and will hire a solicitor in an attempt to intimidate you.

 

 

I'm moving you into the legal section Brian for more and better advice on the legal side than I can give.

[Conniff]

I have moved you and notified if for action.

[dj.brian]

Many thanks.

 

I will have everything logged in order all ready for action when it arrives, I off work for the next week so it gives me a bit of time to sort out all the paperwork.

 

The reason I am not claiming the full amount is I do not have the money to pay the extra court fee.

While I appreciate I can claim it back, I just do not have it at this time, especially with the way my health is at present.

[SabreSheep]

Have you checked to see if you qualify for fee remission?

 

https://www.justice.gov.uk/courts/fees

[Brownguy53]

Am very sorry to hear this has happened to you! Quite frankly it's digusting the way that Vauxhall have treated you and I can believe that it is true. Personally myself from experience I would never buy from Vauxhall because of this and I have had something similar happen with family to a car they owned which was brand new..saying that I would not let yourself be pressured/stressed into not claiming the full amount back! Would Vauxhall dot the same if they owed you money? Nope! So I was just about to say if you cannot afford to file or the fees as I note you said it in your thread perhaps going down a fee remission fee route would be best for you? If not don't worry you can claim it back. Sabresheep has kindly posted you the link and on there is a calculator which if you input your earnings and look at it should help you work out if you qualify for a fee remission. You might get a part remission which means you don't have to pay the full fees or even qualify for a full remission which means you pay nothing. When you do work it out you can send off your proof to Salford/County court and they'll issue a notice of issue/start proceedings against Vauxhall once they check you qualify for a fee remission. It's a pretty simple process for fee remission once you get your head around it.

[dj.brian]

Have you checked to see if you qualify for fee remission?

 

https://www.justice.gov.uk/courts/fees

 

I have yes, but I am still in full time employment and earn just a tad too much to qualify !

 

Even though I have a disability I still manage to work (just), even though I am sent to OH every year as they are trying to retire me due to Ill Health, something which I cannot afford at this stage. I still have to work and there are not too many other jobs that I am able to do with major spinal problems. In fact I have to see OH again in three weeks to fight my corner ! Hey Ho, people in a worse situation than me, I was lucky I could get hold of the money to pay for the gear box so I could be mobile again, still paying the money back, hence why I cannot afford to claim for the full amount.

 

Anyway, not received the form in the post this morning or "Go Vauxhall" defence, should be with me by Monday I hope. Busy at present getting all my paper work and emails together ready for when I need them. Writing down who I spoke to, what was said and when etc...

 

Fingers crossed it all works out, but I bet "Go Vauxhall" (or their legal team) have something they will be able to state that even though they did not find the fault all the time they had my car, it is not down to them to pay for the gear box, sure they will find something written down somewhere in the law, I cannot find anything yet.

I can see that any repair should be to a good standard but cannot find it written down anywhere that if they cannot find a problem, even though it has been to them many times for the same issue, that they have to pay for a car part (my gear box) due to them not finding the fault, unless anyone can point me in the right direction ? I can see this being the main issue.

 

It is just annoying that if they had found the fault before it got worse, it might not have required a new gear box and cost me so much. And also all the mucking about and very poor customer service I got. And even when they did fit a new gear box they could not do that properly as the new gear box had no oil in it due to the faulty seal, could have ended up needing another new gear box, would they have expected me to pay for that also ????

 

It is just so wrong !

[Brownguy53]

I have yes, but I am still in full time employment and earn just a tad too much to qualify !

 

Even though I have a disability I still manage to work (just), even though I am sent to OH every year as they are trying to retire me due to Ill Health, something which I cannot afford at this stage. I still have to work and there are not too many other jobs that I am able to do with major spinal problems. In fact I have to see OH again in three weeks to fight my corner ! Hey Ho, people in a worse situation than me, I was lucky I could get hold of the money to pay for the gear box so I could be mobile again, still paying the money back, hence why I cannot afford to claim for the full amount.

 

Anyway, not received the form in the post this morning or "Go Vauxhall" defence, should be with me by Monday I hope. Busy at present getting all my paper work and emails together ready for when I need them. Writing down who I spoke to, what was said and when etc...

 

Fingers crossed it all works out, but I bet "Go Vauxhall" (or their legal team) have something they will be able to state that even though they did not find the fault all the time they had my car, it is not down to them to pay for the gear box, sure they will find something written down somewhere in the law, I cannot find anything yet.

I can see that any repair should be to a good standard but cannot find it written down anywhere that if they cannot find a problem, even though it has been to them many times for the same issue, that they have to pay for a car part (my gear box) due to them not finding the fault, unless anyone can point me in the right direction ? I can see this being the main issue.

 

It is just annoying that if they had found the fault before it got worse, it might not have required a new gear box and cost me so much. And also all the mucking about and very poor customer service I got. And even when they did fit a new gear box they could not do that properly as the new gear box had no oil in it due to the faulty seal, could have ended up needing another new gear box, would they have expected me to pay for that also ????

 

It is just so wrong !

 

That great, yes make sure you have all your paperwork ready. I know the feeling of being stuck left paying bills on cars! It isn't a nice one. I hope they don't respond as that'll be fun and a easy win for you.

[dj.brian]

Got "Go Vauxhall" defence through this morning.

 

I forgot I also paid £717.26 last year for a new fuel pump which they thought the issue was !

Was also advised it required front and read brake discs and a new Hydro pump at a cost of just under £2000 to get it through it's next MOT ! Forgot about all that. Interesting what you remember and find when you go through all your old paper work.

It went for it's MOT last month at another garage obviously, which it passed with nothing of the above mentioned, just a tyre will need replacing soon !!!!!!!

 

Lots of paper work, but as I thought "Go Vauxhall" are going down the route of;

 

"When we had the car we could find nothing wrong with the gear box ! We done everything we could and tested for everything we thought it might be, hence the new fuel pump ! They state no fault codes showed up for the damaged gear box and basically what do I expect for a 2006 car with 72,000 miles on it !"

 

Well it looks like do not expect a Vauxhall to go above 72,000 miles and 8 years without having major problems !

 

Look's like all I have on my side is common sense and wishing to get some kind of customer service, something which will not help me with my claim. Nothing was mentioned on their defence about the extra issues I have had and the inconvenience to me, and the new gear box faulty seal.

 

Question is now, with this now having adverse effects on my health, their defence of "we did everything we could and what do you expect with an 8 year old car with 72,000 miles" I might just have to just give up and draw a line under it !

 

It is just so wrong, ! I just don't know what else I can do !

[Conniff]

Take it to a gearbox specialist and go for a test drive with them at the wheel.

[dj.brian]

Take it to a gearbox specialist and go for a test drive with them at the wheel.

 

Too late, had to pay for a new gear box all ready as I needed my car !!!!

[Conniff]

You said the new gearbox was playing up ??

 

 

Three days later new gearbox started to muck around again.

[dj.brian]

You said the new gearbox was playing up ??

 

It was, I took it back and they replaced a faulty seal !

Sorry might have been a bit confusing as soooooooo much has been going on.

 

Got the car back with new gear box, and now the seal sorted and driving ok again.

[Conniff]

Ok, will take a read back through your thread later to refresh me.

[dj.brian]

OK, giving up !!!!

 

Unable to attend court due to quite serious spinal injuries and unable to take any further time off work due to various issues.

Garage just basically going to state if our machine states it is not broken, what more can we do !

 

Gone are the good old days when a mechanic actually looked under the bonnet before plugging it into a computer to tell him what the issues is. Also good old customer service from such a large company, namely Vauxhall. Got no defence apart from, actually listen to what I have told you and look at my car and see why it is broken.

Got everything in writing, but Vauxhall state all the way through "our computer states nothing wrong with it" until it is too late obviously.

 

I am going to get a mobility car next, and guess what, it will NOT be a Vauxhall.

My advice, stay clear of Go Vauxhall !!!!!!!!!!