In law - the garage that sold you the car will be entirely responsible for putting it right. That means you get a full refund OR they fix your car, for free. End of story.
That will include all diagnostic costs, etc. If they balk, faff you around, try getting you to have to pay part of the costs, etc. then ask them to put their requiremnt in writing. When they ask why you want it in writing, say it is so that you can issue a writ in the Small Claims Court.
Do not accept anything less than what you are entitled to. If need be, mention this website to them, and that you have sought advice on here.
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Yes, don't forget to emphasise that you got your legal advice from an internet forum of faceless, unaccountable strangers, rather than a solicitor, CAB or Trading Standards.
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My recollection is that the SOGA requires you to give the supplier the opportunity to fix the fault. It is not clear here whether the Mazda service station is the supplying dealer. If not, and I am right about SOGA, they may refuse to cover the costs.
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Yes, don't forget to emphasise that you got your legal advice from an internet forum of faceless, unaccountable strangers, rather than a solicitor, CAB or Trading Standards.
Nice to see you again too, Mr Catlover.
This website is a respected site for consumer issues - much like Which, et al.
If you think it's so utterly terrible and useless, then it mystifies me why you continually return.
Is it an addiction ?
Edited by RobJP on 15/04/2015 at 10:03
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"Yes, don't forget to emphasise that you got your legal advice from an internet forum of faceless, unaccountable strangers, rather than a solicitor, CAB or Trading Standards."
I really don't understand the point of this post. There is a dismissive, even insulting tone towards those of us who try to help.
It is of course understood that none of us here are professional lawyers and will simply try to point someone in the right direction. I don't think any of us would be stupid enough to believe what we say carries anywhere near as much weight as a qualified lawyer.
Why rubbishing the forum suddenly emerges in the thread I have no idea. Doubtless there's more to it than we shall ever know.
Edited by FP on 15/04/2015 at 10:30
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Ordovices has history on the forums here. He once advocated poisoning cats using antifreeze on here, and I reported him for it and called him out on it VERY publicly. His posts on that thread were heavily cropped (by Avant, I believe), and he was told on the thread that his actions were unacceptable.
Since then, he comes on occasionally, posting derogatory comments, and then vanishes - possibly to go chew on his own bile until he sums up the courage to post again.
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Don't you think you're maybe a little over sensitive?
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I reported him for it and called him out on it VERY publicly.
What on earth does this mean? You told the teacher then offered me a fight in the playground??
Oops, maybe I'm being over sensitive now, please don't publicly pillory me again - when you start calling names, it hurts sooooo much.
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Yes, don't forget to emphasise that you got your legal advice from an internet forum of faceless, unaccountable strangers, rather than a solicitor, CAB or Trading Standards
Legal advice from both Trading Standards and Citizens Advice is also next to useless. The people you will speak to are not trained legal professionals and in my experince often give incorrect advice.
To get any advice that is worthy of making a decision about a court case you MUST go to a solicitor that specialises in these matters.
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Where did I rubbish the forum?
It was the the advocation of quoting the forum's posters as the source of legal advice.
Picture the scene:
Mr Car person, you owe me £x,xxx pounds for this faulty car. I know I'm in the right because some bloke on the HJ website forum told me so.
Ah that's OK then. By the way, what's his name, address, and legal qualification. Just out of curiosity - is he over 12 years old and does he still live at home with his mum and dad?
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Thanks RobJP,
That was a great moral support. I'll make sure I'll get everything written.
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@craig-pd130
I have mazda used car approved warranty booklet with me. Mazda posted this to me along with a letter. When I checked booklet there are something mention like "everthing is covered excluding.......". In that excluding list i have engine oil chaging, tyre problems, filters....and so on. They didn't mentioned anything particularly about engine.
Also, I have a letter posted to me with warranty details and card (looks like debit card) with my name, start date, end date and warranty number.
Edited by Nishi Nish on 15/04/2015 at 12:09
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If you haven't spoken to the Warranty company yet, you need to do so quickly to find out what it covers you for.
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I have spoken to warranty compnay. They said, they can't give clearance until service centre guys tell us the problem.
When i spoke to Service centre guys they said, assessor from warranty compnay has to see and tell us wther it is covered or not.
Assessor came, checked and told service centre guys that he can't assess based on current situtaion. he can only tell if the engine is stripped.
For stripping the car Service centre guys called me and said I have to bear the cost for stripping. If the problem is identified and assesor say it is covered under warranty they will do it. Otherwise I have to Pay out of my pocket.
The situtation is like CHICKEN OR EGG for me now.
Between this whole drama it took 28days and still now answer from anyone.
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I thought this sump-strainer problem was not unfamiliar, and has been discussed here in earlier threads?
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I thought this sump-strainer problem was not unfamiliar, and has been discussed here in earlier threads?
Yes, it has been.
However, the OP purchased their car (a 2009 car) in February this year, and it suffered the engine failure in March, just a few weeks later.
Why on earth they have been charged fees for diagnosing / inspecting, I cannot understand.
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Why on earth they have been charged fees for diagnosing / inspecting, I cannot understand.
Nor me, a reputable dealer, especially with an approved used warranty on the car, this car should have been back on the road in a week at minimal inconvenience and no cost to the customer....not as the warranty is really anything to do with it, SOGA should have been the overriding reason, leaving the dealer and Mazda to fight it out after the car is fixed.
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@gordonbennet
Excuse me if it is a stupid question. What is SOGA?
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Good news is I just got a reply from warranty company that all my diagnose charges (£98) and engine stripping charges (£490) are been covered now. Service centre guys said they will fix the car by 1st May.
Bad news is I have to pay £177 for ordering pipes (not ssure what excatly it is) from my pockets.
Please advice me what should be my take in this event.
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ASK ... No, DEMAND to know EXACTLY what you are having to pay for, and at the same time DEMAND to know WHY it is not being covered by the warranty.
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Thank you all. All the issues sorted. Now everthing is covered after long wait and fight. I'm happy that I'm covered for everything and not need pay out of my pockets.
I thank you all for vauable advices speacially @RobJP. This forum is just about a bunch of automobile geeks.
Nish.
Edited by Nishi Nish on 17/04/2015 at 16:44
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I must admit, I am pretty disgusted by the way you have been treated by the supplying garage / warranty company. They appear to have tried to shaft you at every turn.
Was that last 'expense' for hoses, etc. cancelled then ?
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Yes, it was for Pipes and hoses they charged me 177.17 incl VAT.
When I picked up the argument regarding the treatment I received when I had replacment car, time assesor took to give assessment report back to service centre and the cost for my travel within that time they said they will wave off that costs by covering them too.
Now I don't have to pay for anything.
Whole experience I had for last 1month was total ridiculous. Until unless I pushed them I never got proper response from either Service Centre or Warranty Company. And at every point they tried put the cost to me. I was literally in stress worrying about the outcome - the bills I'm supposed to pay if incase the repair is not covered.
The only favourable parts for me in the last 1 month was this forum and the Mazda Customer Relationship Manager.
This forum helped me in anticipating what would service centre and warranty company come up with stories and how I should reply them back. Also, In the last 5 working days Mazda Customer Relationship Manager helped me in moving things faster internally.
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