Halfords stitched me up!

[dutch1979]

Help not sure what to do. Last year Halfords incorrectly advised me about which oil to put in my car. I bought the oil and put it in my car. this then caused £750 worth of damage which obviously I had to pay for. I only found out a month ago when I took it to the garage and found out what had happened. Consumer Direct told me that under the sales of goods act 1979, Halfords breeched contract as the goods were not fit for purpose. Also, it was a verbal agreement (which is binding but difficult to prove) and I relied on the advisors expertise and therefore purchased the oil ingood faith, but which resulted in the damage to my car.

 

 

SO my issue is that although I can prove that the oil is from halfords (it is own brand and I can go back through my old statements to show proof of receipt), I have difficulty in prooving that I was advised to buy that oil. I am looking to speak to CAB and then maybe a solicitor. But CAB are so difficult to get ahold of and solicitor is £75+VAT so seeking advice elsewhere before Idecide what to do!!! PLEASE HELP!!:o

[jampot]

Sounds like a tricky one...

 

If you had a label from the oil or the shelving which backed up the "salesman's" advice, it would be pretty easy. Evidence from the garage regarding the damage being due to the oil, complete with evidence that the oil was sold as "suitable" would be all you'd need.

 

Unfortunately you're relying on Halfords admitting their error, or a judge deciding "on balance of probabilities"... I wouldn't bank on either.

 

A strongly worded letter to Head Office, suggesting not just court, but media exposure, might do the trick. Court would cost you a fixed fee, and often these big companies back down, even at a late stage, to avoid bad publicity...

 

Don't threaten, but be firm...

[dutch1979]

Thank you! It's a start - I like the sound of bad publicity. I also thought that I could pose as a customer and get them to resell me the oil and then have them write it down for me as proof that they get it wrong - but I don't want to be accused of entrapment! Hence seeking out the legal advice.

 

I'm still a little consfused about what do do next - I am avoiding court? I am happy to write the letter but not sure what to do ont he court front.

[powelll]

I would see what response you get to a complaint letter first... keep a copy & send recorded delivery, give them a reasonable time, say 14 days, to respond then decide what you want to do next. It really depends on the outcome you want ( I assume it's your £750!! )

[gyzmo]

One way I have heard of - and I am not saying if it will be successful or not - is to ask the question again and see what the response is.

 

To do this, it is best to have the same salesman. Get a friend to go in and ask what was asked previously. If the answer comes back the same, it can be challenged, and details of the conversation noted. That then gives evidence that the salesman is giving incorrect advice.

 

I have used this tactic a few times myself, but is was within hours from the initial problem - I am not too sure if it would count for anything in your case.

 

As said before, it comes down to proof. What is stated verbally is difficult to prove, especially after a year. You can pursue this, but bear in mind the saying of throwing good money after bad. If you go to court without a clear chance of winning money, you are wasting your time. Principles in cases like this, unfortunately, are generally for those who can afford it.

[dutch1979]

HHmmm...this is a bit cr*p isn't it!! Well, I suppose all i can do is see what the CAB say and also write the letter. I am going to see if they give the incorrect advice again. One thing I suddenly remembered is that the guy looked up on the computer and it said that is the oil that is needed for the smart car. So unless he read it wrong (he may have done I don't know) then I can maybe get a computer print out of what is recommended and that is proof that the Halfords is giving out the wrong advice. SO I will try that...thanks..will give an update!

[jampot]

HHmmm...this is a bit cr*p isn't it!! Well, I suppose all i can do is see what the CAB say and also write the letter. I am going to see if they give the incorrect advice again. One thing I suddenly remembered is that the guy looked up on the computer and it said that is the oil that is needed for the smart car. So unless he read it wrong (he may have done I don't know) then I can maybe get a computer print out of what is recommended and that is proof that the Halfords is giving out the wrong advice. SO I will try that...thanks..will give an update!

 

If he read it off the computer, there's every chance (if he read it correctly) that it backs up your point of view...

 

Definitely get them to print it out if possible, but if not, when you ask, just appear a bit confused and slightly vacant, as if you can't really understand what he's telling you, and ask to read the screen for yourself. At least you'll know for sure that the information is stored on their system.

 

At least then, you can put this information in your letter, and Head Office will know that it isn't your word against a member of staff, but will know that their product system is flawed.

 

Of course if you tip them off, they could change it... but its a fine line. With bottomless pockets and all the time in the world to make a case, you could get computer analysis of their database and computer systems to "prove" they've altered it after the fact, but God help us if it gets that far.

 

Hopefully, with documentary evidence to support you, they'll back down. But if I was you, I'd want to read it on the screen (or printout) with my own eyes.

[Rob S]

What oil did they recommend to you? And has it been confirmed that this oil was the cause of the enghine damage to your car?

[StormWarrior]

I would have thought it unlikly that the wrong oil would cause major damage to a 'smart' car, and proving it would also be difficult.

 

However 2 more important things spring to mind.

a) does a 'smart' car really have £750 of damagable parts?

b) would it not be better to go back to where you brought it and complain under Trade Discriptions Act?

 

Just kidding

[smed]

I would have thought it unlikly that the wrong oil would cause major damage to a 'smart' car, and proving it would also be difficult.

 

However 2 more important things spring to mind.

a) does a 'smart' car really have £750 of damagable parts?

b) would it not be better to go back to where you brought it and complain under Trade Discriptions Act?

 

Just kidding

 

The oil in these engines is critical and must be FULLY SYNTHETIC either 5/40w or 10/40w (this is due to the high stress developed from the 599cc or 698cc 3 cly TURBO engine) so you can't just put any "standard" oil in them and if you get a dealer to mend (bearing in mind it's merc) your looking at around £100 + Vat / hour so with a new tubo costing £450 + labour to fit it's no joking matter - they might be small but they can cost ££££££ - (and yes I have one and it's the best car I have owned in ages - it's great fun to drive - traded a 2.5ltr v6 probe for it!!)

[miniconverter]

What has actually failed on the car as they are prone to piston failure with or without the right oil

[StormWarrior]

Smed, i must admit the little roadster thing is quite cute.

 

And I've seen the video where they drive a 'smart' into a concrete block at 70 mph, I think it was, to test the crash resistance.:o

That was without doubt, one of the most impressive demos I've ever seen. If anyone hasn't seen it, hunt it down, you will be amazed.

[smed]

Smed, i must admit the little roadster thing is quite cute.

 

And I've seen the video where they drive a 'smart' into a concrete block at 70 mph, I think it was, to test the crash resistance.:o

That was without doubt, one of the most impressive demos I've ever seen. If anyone hasn't seen it, hunt it down, you will be amazed.

 

 

Link to the video

 

SMART Car Crash Video

 

People say the smart car - think it's just as safe as any other car otherwise it wouldn't have passed the european safety tests!!

 

At 55+MPG (and thats on unnamed back roads!!) and £40 a year RFL (soon to be free in London - 2008) it's cheap until it breaks

[LancerQRL]

but what oil did you buy?

[Guest express]

Have you managed to look on their parts computer as of yet?

[dutch1979]

Been rubbish at replying back but have done a little digging. As SMED says..

 

The oil in these engines is critical and must be FULLY SYNTHETIC either 5/40w or 10/40w (this is due to the high stress developed from the 599cc or 698cc 3 cly TURBO engine) so you can't just put any "standard" oil in them and if you get a dealer to mend (bearing in mind it's merc) your looking at around £100 + Vat / hour so with a new tubo costing £450 + labour to fit it's no joking matter - they might be small but they can cost ££££££ - (and yes I have one and it's the best car I have owned in ages - it's great fun to drive - traded a 2.5ltr v6 probe for it!!)

 

 

 

Totally correct SMED. the car needs specialist oil. I went back to Halfords and this time they gave the correct information and I even checked their computer screen to see what it said and it indeed said the correct oil. I was originally sold 15/40w part synthetic!!! What a joke!!! It couldn't have been more wrong!!!

 

The the car was indeed damanged by the incorrect oil - the turbe boost was blown. I am still chasing Prestige Car Service (who took the car in for me as they are cheaper than SMART otherwise this would have cost me £1200) to see if they can get the letter form the garage. They are all being slack though and I am still chasing this letter. The car itself was fine before the smegging Halfords 'sales' man got it all soooo wrong. But I remember he wrote it down for me - of course I do not have that scrap of paper anymore. Oh dear, that is a mighty shame. I might have to knock this one on the head although I am still going to write a letter as soon as I get the letter form the garage proving the damage was done by the oil (which in fact they promised to me but did not deliver on). I have being the little gal - always getting screwed up by the bigger corporations.

 

Singing out for now. thanks for all your helps so far.

[smed]

Have you tried any of the smart indies for repair - IIRC Chequered Flag in Strood due recon engines for around £600.00 (+ fitting), is the problem the engine or is it the turbo - the reason for asking is that the turbo on a pre 2003 model (i.e 599cc engine) is known for causing problems (the manifold has a weakness in it) which has been fixe on later 599cc and 698cc engines - so if its the turbo manifold that has gone and the engine is lowish (say sub 35K) then you might have a claim against Daimler (smart) for this work to be carried out under an ESKULAB (goodwill) basis - have you checked on any of the owners clubs - smartmaniacs or smartmania or the smartclub for help / advise on how / where to fix

 

Hope this helps and you get your car back on the road ASAP

[dutch1979]

I might have a look into that. I do know that the car is a 2003 model so I am not sure where exactly (if at all) I fit in that bracket. Hopefully I do - so I may start looking into that possibility as well. Either way somebody owes me £750!!! I will indeed look into that. Sorry for being so dense but what do you mean by a sub 35k? (it is mileage - if so my car has only done 4800 miles).

 

My car is back on the road - but only as I was lucky to have the money to pay for it (as I need the car for my job otherwise I am jobless!!!) so not sure if anybody is willing to reimburse me!!

 

wow = this gets more and more complex each day!!!

 

Thanks SMED and will give an update.

[smed]

Yeah sub 35K (35000 Miles) -

 

Have a look at the following:-

 

thesmartclub ltd - If you have/had a cracked manifold ...

 

this gives a small indication of how widespread the problem is.

 

Also just out of intrest what size engine is it (599 or 698) - and when was the car manufactured (it might have been made 2002 and registered 2003 - mine is!!)

[ScarletPimpernel]

When I had a SMART - and I enjoyed every minute of owning it - I used SmartsRUs, who were much cheaper, and better informed, than my local dealership.

[ICY]

Wellsmart also offer a fantastic service and are much much better than dealers and cheaper, if your car is an 03, it will be the 698cc which should be the improved manifold, we have 2 56 plates fortwos here and we know how expensive they can be if anything goes wrong, between me and the other half in the last 5 years we have had 7 smarts, those being a 600cc fortwo, 2 700cc fortwos, a 600cc roadster, a 1.1 forfour, and 2 1.3 forfours

 

I am quite shocked that they would offer to sell you a semi synth oil, it is quite clearly stated by the manufacturers that anything other than f/s should not be used, had your car been in warrenty then it would not be covered had they discovered the wrong oil had been used, deffianatly take your complaint to hellfrauds head office.

At the end of the day when you go to buy something and they misell you something it is there advice you have followed, so they should surely take responsibility

[Redrob]

I maybe wrong, but doesn't the fact that you needed to put oil in a car that has done only 4800 miles suggest there may have been a pre existing problem?

[jampot]

I maybe wrong, but doesn't the fact that you needed to put oil in a car that has done only 4800 miles suggest there may have been a pre existing problem?

 

Not really. Oil is 'used' by an engine - particularly when it is bedding in.

 

If you have a rotary engined car (granted not a Smart Car) expect to top up with oil at virtually every petrol stop.

[smed]

I seem to recall reading somewhere that the tolerence for the smart engine (and possibly other mercedes engines?) is that upto 800ml of oil per thousand miles is acceptable, over this they would investigate