What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
Mazda 6 - My solicitor - extremely slow!? - Med

Hi guys, morning.

I have been with my solicitor dealing with my mazda 6 engine over-run now for 11 months, the first solicitor in the firm messed me aroud so the firm got rid of him, the second solicitor in the firm has been ok but very very slow.... I just wanted to find out what time scale should she give Mazda to reply back to her questions?

At the moment, she is telling me the only reason why this case is going on so long is because Mazda are taking around 1 month to reply back to every letter. Imagine how many letters need to be sent!!?

Should i be prepared to wait another year? or tell her to get a move on!?

Mazda 6 - My solicitor - extremely slow!? - Armitage Shanks {p}

I have a friend in a similar legal bind re a house purchase, ludicrous delays to routine letters. Anything you ask you solicitor will cost you money but it might be helpful to get a time line. Mazda are taking forever to reply to his letters - how long is he taking to reply to theirs? The delay may be attributable on a 50/50 basis.
Mazda 6 - My solicitor - extremely slow!? - Med

The solicitor replies as soon as they pass the letter onto me for confirmation..usually up-to 1 week. The case has been going on for a year and we have got no-where. We asked for internal job cards and that was over 2 months ago! Its a joke.

Where do you think i legally stand here? go straight to court for it?

Mazda 6 - My solicitor - extremely slow!? - rtj_70

This sounds like Mazda are hoping you will run out of time and money over this. Not good is it.

What does the law firm say? Can you attempt a deal with Mazda.... they have much deeper pockets than you or I. If you were to win then it could cost them an awful lot of money.

I am still enjoying my Mazda6 and now only have 12 months and a bit to replace it. And the lease company has agreed twice to early oil changes. They are charging my employer and didn't want to but when asked the direct question that should the engine fail then I am not responsible they basically said I could be.... and therefore they had to do something. Three services and two interim oil changes this Mazda6. It will make a good second hand car!

Mazda 6 - My solicitor - extremely slow!? - LucyBC

Your issue should be with the garage that sold you the car. Can you detail the full story including when you bought the vehicle, how old it is, what went wrong and when and we might be able to offer more assistance.

Mazda 6 - My solicitor - extremely slow!? - Med

your sitting comfy right? please ignore any spelling/grammer mistakes...

hey, thanks for your replies.

my solicitors are at the moment waiting for replies. Mazda at the moment do not seem open to any deals as they are putting the whole blame on me when i know this is a fault in the engine with hundreds of others having the same problem but others i think just wanted a quick fix and not bother with all the legal stuff. Even though Mazda are a huge company, i truly will not stop until i prove this point and now, i am not even prepared to accept any offer they bring forward - i want this to go to court & i have at least 10 others willing to join me, at least if i carry this on itll be a result for me and many many others.

your lease company, have they not questioned why the car needs these oil changes so often? you are aware of the driving limitations though ain't you?

lucy - my issue is with the garage that sold me it. Ok, the full but numbered story:

1. I purchased the car in 2008, it was 6 months late on delivery with no reasons - i got a 58 plate.
2. Around 6 months from having the car, my tyre valve snapped off leaving me no option but to call RAC as you cannot just simply change the tyre due to tyre pressure monitoring system. Mazda directly pointed the finger at me when to say i have extreme curb damage, i have NONE the wheels are in perfect condition - because i needed the car for work asap i agreed to pay for the fix (since then its happened to others and mazda have paid for some fixes and charged customers for some)
3. My second tyre valve was about to snap, so i had them replaced again
4. I was on a an 'A' road travelling about 65mph to then realise my engine has hit max rpm on the counter and being in 4th gear the car was picking up speed extremely fast, quickly thinking i ripped the car mat out but that was not it, i was forced to switch the engine off because a roundabout was approaching at 700yrds away and i was topping 100mph+, i had to swerve with the engine off (which is difficult as the steering and breaks go heavy) nearly hitting cars to luckily pull over....being in shock, i sat there for 10 minutes and tried to pull off again and the same thing happened, i had an engine over-run and it wouldnt stop.

Got it recovered to my local mazda dealer and they didnt know what it was at first until they told me i need a service (which wasnt due for at least another 800 miles/2 months) from here, i told them not to touch my car and i researched into it on that day - i found out from experts that the reason of this over-run was due to the oil had risen above the X mark on the dipstick, they told me immediately to ask Mazda for an oil sample which they refused to give for "health and safety reasons!?" as soon as i asked for this oil, 10 minutes after they telephoned back and said sir, we have found the problem...your oil had risen and has a large amount of diesel fuel, which caused the engine oil to rise and led the car to run on it's own fuel.

Mazda told me 3 of the following:

1. you went to a petrol station, opened your engine oil cap and put diesel in there- you must have.
2. you topped the oil up way too much (why would i need to if the car would be due a service in 800 miles/2months)
3. I have never checked my oil levels and we have a way to prove it (funny that, when i broke down on the 'A' road RAC last checked it - they still didnt believe me)

Now, this is where i knew Mazda were getting funny about this, so i left the car until the next day and when i asked to take it back they said i cant unless i pay £45 because of the diagnostic.... what! after arguments, sod them - i paid and of course kept the receipt.

The oil rising due to diesel contamination - the car has a system which nearly all diesels have from 2005 - 2009 called a Diesel Particulate Filter (DPF) its main job was to meet the governments emmissions target, what happens is that it will take the "c***" and burn it off, so the Co2 builds up as soot and then the DPF system and computer on board will inject a small amount of diesel through a cylinder head and once the car is at the optimum temp. it will burn the soot off, but! because of the bio-diesel in the pumps now days (was 5% and now is 7% due to changes in the law, again!) the DPF system cannot reach a high enough temperature to burn the bio-diesel off thats mixed with the rest of the diesel fuel.. what happens to that?? it gets left as unburnt diesel and contaminates the engine oil.

I questioned Mazda to why no warning lights came on for the DPF, they came back and said - sir, the DPF is operating as normal! Ok, fair enough it was but why is there no warning to say there is un-burnt fuel mixing with the engine oil? thats the most important part because it causes these over-runs.... mazda know about this problem but they cannot think so put another warning light for this?? other cars have it.

You see, i can write and write about the problem and go down so many avenues but i think you have heard enough of the DPF! lol. The stage i am now is that 1 year ago when this happened i refused to drive the car and started to seek legal advice.

Here is where my bad luck carried on, the first solicitor advised me to immediately stop paying the finance, which at first i thought great! so i did so... A few months down the line, i found out he has done no work so complained to the company and they got rid of him.. so now, because i now owe the solicitor money and refused to pay they were holding my files and offered me a different solicitor in the firm so i accepted. She is good but slow as per the reasons of my first post.

after the first solicitor went, i seeked advice from my new solicitor and online about what to do with the finance, they told me to contact Mazda credit inform them of the situation & that i have proof of wrong advice (which i do) from here Mazda credit have sold the debt onto a DCA of whom now are asking for there money... i gave them an offer to increase the payments to clear the debt and carry on paying - they have not got back to me on this even after numerous times of sending them letters and emails. So i left it.

when mazda credit were in the picture, my solicitor said we need an internal inspection carried out on the car to prove the problem - we wrote off to mazda credit and the selling dealer... they were willing to pay 1/3 to an AA/RAC inspection, when i received that letter i seriously laughed about how ignorant they are... i telephoned AA/RAC and they confirmed they will not touch problems like this. We are now to this present date sorting out an engine expert of whom can strip down engines and report in court to them.

A few people have told me that i shouldnt even need to get an inspection done, to head straight to court because in anyones life this should not have happened no matter if i check oil levels or dont, even if i neglected the car for months - the worst that should happen is that the engine will die when i try to start it. What do you think!?

I have an appointment with my solicitor this monday so any advice would be PERFECT.

Thanks for taking the time to read this, believe it or not thats all of it but my fingers are aching for now.

Oh! for those of you who have DPF and diesels read your handbooks because the bio-fuel has gone upto 7% your handbook states DO NOT put any more than 5% bio-fuel content in your engine.... but for those of you who have a 2010 car from feb your ok because your DPF's have a new ceramic design which burns off the bio-diesel, this leaves none un-burnt.... Funny how they change the engines in 2010 to suit the bio-diesel at the pumps right? what the hell are the 2005 - 2009 engines meant to do? let it ruin the engine?

Thanks,

mehdi

Mazda 6 - My solicitor - extremely slow!? - LucyBC

If others are involved it will be much cheaper (and you will have a greater chance of success) if you bring a group action.

To do so you need to set up a support group and actively tout for members. The idea is that you all fund one "test" case and that settles the outcome for the others.

You normally need 15 people or so to make it work.

The group must have a generic issue that needs considering, with a common interest, even if the case of each individual is different in some way.

The main purpose is to take cases forward in a more effective and cost-effective way - for both parties.

The final definition of the group - who can join and who cannot - must be agreed with the defendant, with or without the intervention of the courts. Once there is a basis for proceeding, the court can issue a group litigation order.

At this stage, both sides will choose test cases to establish principles that govern each category of claim within the group. Only members of the group are bound by court rulings.

If you can get to 15 and you have a good case then there is a fair chance you can get after-the-event insurance which will mean you don't risk having to pay their legal costs if you lose.

This was the way we dealt with on the Mercedes E Class rust cases - although there were far more than 15 members in that one. The more members the lower the cost.

If your solicitor does not undertake group actions you will need to change solicitors and pay for the work they have already done for you so as to release your papers.

Mazda 6 - My solicitor - extremely slow!? - Med

Hey Lucy -

Thanks for your reply. I have already started a group action and most of them are willing to support me in court and further.

www.mazda-campaign.co.uk on the forum, plus i have many many emails with the same issues as me but they paid for a fix but are still willing to join me.

My solicitors aim at the moment is this independant report, it seems like perhaps she cannot do more than one thing? Should she be doing other things at the same time to make the case stronger. What are the chances of success if any more if i used a good solicitor but one that is far away from my house i.e. so i would have to post all info and talk to them on the phone? My local area has really bad solicitors.

Mazda 6 - My solicitor - extremely slow!? - LucyBC

Group actions normally require a larger firm and the distance should not matter. Where are you based?

Mazda 6 - My solicitor - extremely slow!? - Med

I am in London.

I have an appointment with my solicitor tomorrow - anything you suggest i put forward?

Mazda 6 - My solicitor - extremely slow!? - LucyBC

Well the website is going in the right direction.

Group Actions are not simple and you need to ask the how many they have run. The main problem is around the funding.

You really need to set a price for people to be involved and exclude people not willing to pay. The more people in the action the better but the interest has to be the same - in your case it probably has to be centred on DPF failures and should not be a general gripe against Mazda.

Mazda 6 - My solicitor - extremely slow!? - ablandy

Its quite a well known problem, the dpf issue on the 2.0l diesel mazda. Im sure there were some old threads on here about it.

Not sure anyone has got anywhere with mazda on this yet.

Mazda 6 - My solicitor - extremely slow!? - Med

Hi,

Lucy - i understand what you mean but the only problem us Mazda drivers face is extremely poor customer service. Everyone who i have spoke to that has had problems with their cars they told me either Mazda tried to take them for a lot of money or they basically lied to them.

People are joining the campaign for 2 reasons, to sort out this DPF issue & to sort out customer service.

Many, many others who had this problem and other problems gave up with Mazda in the end and agreed to pay for a fix. Me on the other hand, no - i wont give up and luckily i have legal cover all round so i will be going all the way on this one. Its just a complete shame, i loved the car and the design but i have never experienced such a corrupt customer service.

I had a meeting with my solicitor and she told me i will be in for a long wait! but everything seems positive, just have to bear with it.