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Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - Med

Hey guys,

The issue is with my mazda 6 and i refused any repairs on the car because i believe the car is dangerous. So i took my case 16 months ago to a solicitor, his immediate response was to stop paying my finance so i can dispute my case further.

From here, this solicitor said he was moving onto another firm (bear in mind, i thought at this time he was still doing a good job) so, into the new firm i have a few meetings with him to then realise he got the sack.

Now the problem i am facing is that earlier this year Mazda sold the debt onto a debt collection agency and for months and months they have not been chasing the payments from me because they knew its in dispute.

I need to you know from you lot.....The DCA have only just started sending threatening letters (i.e. this morning after so long) to say i must pay the full balance, even though in April 2010 i sent them a letter stating a payment plan because my solicitor made a mistake, i had no reply back...So, i sent another one last week explaining the whole situation once again telling them i am willing to setup a payment plan. Again, it got ignored. They are telling me its not their problem that i got bad legal advice and they will not agree to any payment plan, i should pay the full balance of 13k within 7 days.

If the solicitor gave me bad legal advice (when i found out this was bad was when i sent the DCA the first letter explaining this with a payment plan) where the hell do i stand now? Obviously they wouldn't be chasing me if i were paying this debt under dispute.

The dispute is still on-going with Mazda.

Another thing, this had not affected my credit file for all this time until 1 week ago saying im in default with them....this was not on my credit file before. All this happened after i had a meeting with Mazda to try and come to a resolution & one of mazda's requests was that i pay the full balance off of my finance (they didn't realise until i told them that i hadn't paid) Seems a bit funny...... Maybe mazda are pushing the DCA to threaten me to pay so they have the "upper hand"

Any help would be great.

Thanks

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - Dutchie

What was wrong with you car which led to this dispute if you don't mind me asking?

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - Med

It had an engine run-away...(speed up on its own accord) due to high oil levels. Even though they are checked weekly and with no warning this happened.

I need to know if link financial can do what they are doing?

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - Med

by the way, when it happend...mazda try blaming me for not having a service - even though it was not due. Its still under warranty & i have not drove the dangerous car since it happened..its been rotting away on my drive.

I think im just going to fight this out, wait for Link to take court action and then put my case forward if no parties want to listen. Do you think it will go that far?

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - Dutchie

If the car was still under warranty and I can understand why you are not driving the car.Why didn't Mazda take the car back?

You need better legal advice which I can't give you.It might go to court Mazda want their money and you are stuck with a duff car.

Sixteen months is a long time for this to have gone on.I would give Mazda a ring again and the sollicitors office who has been dealing with your case.This has to come to a conclusion.

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - Dutchie

To follow this up.

Just be carefull with these debt collectors that they don't empty your house which they can do if a window or door is open.They are not allowed to break in but they will enter your property if they can.It looks like Mazda are washing their hands of the situation.You might have been better of leaving the car at the Mazda dealer in hindsight.

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - Med

Mazda wont take the car back because they are putting the blame on me for not checking my oil levels and they dont think the car is dangerous. Also using the service as a good excuse, with DPF systems you should have the service early if you notice the oil rising but it does not say that in the manual. Along side the selling dealer never told me the limitiations of driving a diesel now days..so in that respect it had been mis-sold to me.

Even though its under warranty, this kind of problem is not covered - many others have had theirengines blown up whilst their car is under the 3 year warranty but they've had to pay out thousands for a new engine.

I refused to start driving this car again when it happened...Mazda are telling me that a simple service will fix it.. so my question to them was, ok - say if i got the service, what will happen in another 11,000 miles?? it will happen again without warning because your not actually telling me what caused the problem.

They say oil will rise due to diesel being injected into the sump so that the DPF can work efficiently. You can see my fustration right?

So, when i decided to take legal advice my solicitor told me to stop paying until a resolution is found...this i now know is wrong & as above as soon as i found out by the new solicitor that i shouldn't have stopped i wrote a letter straight away to all parties mainly Link Financial telling them i was given bad advice and that i would like to start paying the normal monthly payments + more. I have proof of sending this letter by post, fax & email but they didn't reply & use the excuse "we dont have to reply to letters like this, as we are chasing up the full payment".

Do they have the rights to keep asking me for the full balance even though i had been more than co-operative with them? It just does not make sense. And for all this to suddenly come around after me telling Mazda the finance company have not been in contact....

The whole case is still in the "dispute" title.... Mazda have been completely unreasonable. My car had only done 11,981 miles!!

Any further advice & legal advice is more than welcome.. even though i must have gone over this 1,000 times being refreshed sometimes brings out a new path to go down. Even though Mazda read this...Which i know that for a fact.

Edited by Med on 25/11/2010 at 09:20

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - Dutchie

MED.

This is a mess,this financial company should let you pay the monthly payments.Why arn't they willing to do that? Are you willing to pay the sixteen months backpayment then offer to do that.If they still insist on the full payment let them take you to court.You have had the wrong legal advice from the start and you have send letters that you are willing to pay.

From Mazdas point of few they where willing to repair your car which in your opinion is dangerous.No car company is going to admit their car is dangerous MED.When you by a car no salesman is going to tell you the faults which can occure they are there to make a sale.

Byer be ware is the old story.

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - Med

Hello Dutchie, thanks for your continued replies.

The finance company won't even hear me out when i say here is my payment plan. I am willing to pay what ever monthly payment within reason to help clear the debt as i know it was my mistake from my solicitor and i said that to them in my first letter. When i ring them, they keep insisting on the full payment and how they will not accept a payment plan because its gone on for so long, even when they know the reason.

I fully understand they Mazda won't accept if there is a problem but this is where the frustration kicks in, i now have to prove that there is a problem and that's exactly what i am going to do if i dont hear from the selling dealer by today.

The problem is, Mazda should tell their customers whether they should buy a petrol or a diesel, if the sales man said to me: "Do you carry out long or short distance driving" in my case its short, he would have suggested the petrol & not the diesel just all because of the DPF (diesel particular filter) as it needs longer drives to burn the soot off inside the engine. It was only after i started to complain to them had they changed their website to say "Should you purchase a petrol or a diesel Mazda" VW dealers have always mentioned this to my family.

I have been more than reasonable to all parties. Fair enough, my solicitor gave me bad advice but that has passed and i have tried to rectify it. Reason its gone on so long is because the first solicitor who messed my case up told me & promised he had arranged everything for me i.e. companies to have internal inspections carried out and wrote of to all of them...when he got the sack i found out he didnt do anything. So that put me back at least 4 months.

The stage i am now, after 2 meeting with Mazda i put my points across and they put theres....We both agreed that we wanted to come to a quick resolution, i got a letter with their offers and i counter-offered with myn, this was now 13 days ago and i have had no response from them. Then i found out all this had just happened with my credit file and only now are Link financial coming down on me hard (as i mentioned earlier, mazda are most likely pushing them to get the money from me) mazda's offers could only be accepted if i pay the finance in FULL. Hence the reason of my counter-offer. Who has a spare 13k in their bank!?

If Mazda do not want to co-operate with me after i have done everythingin my power then the inspection will be the only way forward & then on-to court. The media are already interested in this story, but only if it goes to court. I really need to find out if Link financial are allowed to put this impact on my credit file if they havn't done so for all of those months.

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - Dutchie

MED

You be going around in circles with this.The sollicitor who gave you the wrong advice has his office stated this in a letter?They have also a responsibility regarding your situation.Did you pay any money to this solicitors office.I still don't understand why the debit company does not allow you to make any payments if you are willing to pay.If you can't pay the full amount which they insisting on so be it.What was the reason MED you didn't take Mazdas offer?You where only talking to Mazda two weeks ago.If the offer was reasonable I be inclined to take the offer.

Regading the DPF valve most saleman wont be interested in the technical side of a car MED.They want a sale.They should warn customers about stop start driving and the quality of diesel fuel which should be used in a modern diesel car with a DPF valve.

Talk to Mazda again MED and try to sort this out before christmas

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - bonzo dog

Hi Med, whilst you have my sympathies on your problems, a few points however;

  • As you were given very poor advice by your solicitor you should be taking this up with the legal firm in question. The fact that the actual solicitor who was handling your case has left has absolutely no bearing on anything. What have these people said?
  • The fact that you were given poor advice to stop paying your finance agreement is irelevent as far as Mazda Finance are concerned. You stoppped paying not your solicitors. You obviously accept that now & want to resume paying. The problem is that you entered into an agreement with them once, broke this agreement & now want to enter another agreement with them on your terms. Hardly surprising they say "no chance"!
  • It is pathetic to say the salesman / dealer / Mazda should be liable if you buy a car that is not suitable for your needs. If you bought a Mazda 6 & 3 years later complained about the petrol consumption would you blame Mazda because they didn't advise you a Mazda 6 was a big car for a single occupent?
  • I do however agree that customers are generally not advised on how they should be running a car fitted with a DPF. There should be some form of warning on the dashboard telling people they must drive their car to X,000 revs for a period of X minutes once a week

My advice:

  1. Contact the finance people & offer to pay 50% of what you owe NOW & the rest over the next 6 months; I presume you have been putting your payments aside?
  2. Complain to the legal firm who gave you the advice in the first place.
  3. Have the car repaired & drive it like it should be driven. You should get no further problems but obviously this can't be guaranteed.

Good luck & let us know

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - Dutchie

Bonzo Dog.

I menitoned that ones before there should be a sticker in the windscreen regarding diesel DPF filters.Not suitable for school runs or stop start driving.

But that would mean the dealership would be responsible if you stick to that regime and how could you prove it to a dealer you did x refs per week?

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - Dutchie

Sorry I meant that if you drove the car to its full revs ones a week you wouldt have the DPF problems.If you did the fault would be with the manufacturer.

I have a new Focus diesel with the DPF valve and do mainly short runsI do rev the engine ones its warm.Lets see what happens our car has done 4.5000 miles.I use BP ultimate diesel.

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - injection doc

unfortunatley Dutchie the Mazda has an issue with injectors DPF's and oil levels but Mazda won't accept it yet! ( bit like vauxhalls with cam shaft bolts ) GM have finally reacted to this continually re-occuring issue.

Lets hope Mazda will but its needs to go on watch dog first but its extremely difficult to get WD to take the issue up as its out of their comfort zone on technicalities, can you imagine thee presenter putting up a fight with a mazda Spokesman discussing DPMF's her teeth might fly out!

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - bonzo dog

nt

Edited by bonzo dog on 25/11/2010 at 17:04

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - Dutchie

Thanks injection doc and bonzo dog never to old to learn.

Engines used to be straightforward now its DPF valves turbo problems rubbish petrol they might as well make a sealed engine pull it out after a certain milage put another one in.And be done with it.

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - Med

Hi Bonzo Dog, thanks for your input.

In relation to your points.

  1. When i first met my solicitor he worked for example in 'A' firm, then he told me he is leaving that company and moving onto 'B' firm - it was from here where he told me to stop paying thankfully udner the headed paper. So when i found out he got the sack, i complained and we tried to resolve it because it was just something i didn't need added to the whole case anyway, because our legal insurance had not been approved yet, i owed company 'B' some money for the works that the solicitor who got the sack had done...i refused & wanted my files, the resolution was that they won't charge me for his works and give me a discount on a new solicitor. Apparently when they found out he done NO work for me, they looked into his file and found out he done nothing for 3 other cases. So to avoid any further delay i accepted the offer and am still with the new solicitor in the same firm, of which i am very happy with the way she is dealing with it so far.
  2. I do understand now that its irrelevant whether or not i got the poor advice when it comes to a financial agreement, don't get me wrong perhaps common sense should have pointed that out at the time, but i just didn't spot it because i wanted to resolve the whole issue as fast as possible, hearing that i shouldn't pay until this had been sorted was the best news at the time. It's not even now that i want to start paying...it was back in April 2010 about 1 week after i got told i was given bad advice i offered Link Finance a payment scheme of Normal monthly payments as i was giving in the 1st agreement +more to clear the debt. I enetered into an agreement with Mazda credit 1st and now they sold the debt onto Link, so now the agreement would be with them. So, i have sent another letter to Link today giving them the same offer as i did in April highlighting the fact that they never replied to my letter & if they did so we wouldn't be in this bad mess.
  3. It's not pathetic to say that, it's true - even the manager of Mazda agreed with me and they said they will look into changing that so customers do not get the wrong idea. The petrol consumption is a completely different example to what actually happened. At the time of the sale, no brochure, documentation even small print mentioned about the DPF system and how the system is VITAL to the engines day to day running, it is mentioned in a small paragraph in a huge manual...obviously you would have this manual after buying the car...How else would you know. We as a family went from a 2005 VW golf with no dpf to a car that includes new technology...our 1st thought aswell as many many others is... what the hell is a DPF and are you joking that you have to have limitations to your driving, i.e. i can't pop to tescos and back as it may cause engine damage? They should have a policy that tells the customer look, if you carry out longer journeys then the diesel will be much more efficient as it has a diesel particulate filter inside & if the customer didn't know what that is the sales person will kindly explain it. Whereas in my case if they asked as a standard question, do you mainly drive in-town or long distances? i would have said in-town and they would have offered me the petrol car....We wouldn't be here discussing this now.
  4. The only warning we have is inside the engine, a small enough sticker to warn you of your oil levels and when you should take it to a dealer if it rises to the X mark. Other than that, as i mentioned above one small paragraph in the manual, of which hardly tells you anything. Our work van, VW Crafter 2010 has a sticker on the windscreen to tell you what to do, we have had the dpf light come on twice within 6,000 miles but even though our journey is approx. 40 miles to work per day we are stuck in traffic in parts of it so its just like driving in town right? VW have covered them self, even on the keyring it has a small information label to tell us about the DPF and what to do, in-fact VW service have been fantastic, offering us free oil changes if it rises but quote by VW support "its a different system to Mazda, cant say anymore than that - the oil will balance" other stories have come back and said VW refused to give the customer their car back because it was dangerous, until they found a fix.

Your advice points:

  1. Before you posted that, i had already offered the finance people as what i mentioned above. My solicitor and free legal advice said they should be more than reasonable with that offer and should accept it. the cheque went with the letter so have to see if they bank it.
  2. Complaining to the legal firm will do nothing for me at the moment.
  3. This is the whole point i am arguing with all parties, i was very close to either being seriously injured or getting killed - due to good luck on the day, i managed to swerve between cars whilst travelling at 100mph+ and approaching a roundabout 700 yards away and switch off the engine and force my self to a stop on a lay-by. When it got towed back to my local mazda dealer they took ages finding the problem & it was only due to me doing my research at the time which led me "helping" mazda find the problem. Mazda offered to give me a free service... i mean come on, who in there right mind would accept that after having a fright like that!? a service.. hence the reason why i refused.

Please do not take any of the above personal bonzo, i dont mean to come across rude in parts, just trying to explain.

Injection doc is correct - there is an issue with Mazda & perhaps it was meant to happen to me for when/if this goes to court, the courts can realise the danger of it and force them to change the system. Watchdog is a difficult one, i actually went down to their office in london and put it forward to them, the lady said this would be something they are interested in and will get back to me.. nothing, but the media are interested ocne it gets to the court stage.

Just to add, how can anyone explain the following.

Mazda say check your oil levels on a period basis, confirmed by Mazda as weekly checks are neccessary. On the week of this over-run occuring - i travelled a great distance with the g.f. across england, must have easily done over 1,200 miles minimum (i won't forget that journey, wow was that a LONG trip)...If Mazda state weekly checks are essential, they must be averaging that on a set miles that an average person will carry out in a week, correct? so, as i done 1,200 min. there is no stated set mileage by mazda to check your oils, does this mean i should perhaps stop on a hard shoulder of a motorway to check if my oil levels have risen (don't forget, there is no warning light for high oil, and no warning light appeared for DPF in my case)? It is a crazy theory, the whole system should have been properly tested before it was introduced to the customer.

Plus, the government forced this on manufacturers to meet the EURO IV emmision control - i can't see how thats helping if you have to get you oil changed more often and drive at higher speeds than neccessary to burn the soot in the dpf that does not work as it should be anyway!

Edited by Med on 25/11/2010 at 19:14

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - Dutchie

Reading your story I would want it to go to court if my family was in the car and had to do a emergency stop on the hard shoulder.

Infact i would have lost my temper left the car at Mazda.Stopped paying any money financial agreement or not.All this nonsens about checking oil levels every week.And the Mazda manager would have been lucky not to get a punch on the nose from me.Sorry that would have been my reaction.I dont know if Bonzo Dog wants to comment but this is crazy.

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - LucyBC

There may be a case for professional negligence against the solicitor.

You already have a new solicitor you are happy with. They are presumably familiar with all aspects of the case which seems to be a complex one.

I don't think I can offer an opinion without reading the files in full - which would involve you in duplicated unnecessary expense - the last thing you need at the moment.

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - Med

Hi Lucy, thanks for your post. The new solicitor i am happy with is the same firm that took on my other solicitor that messed everything up for me, but as the case was with them and they offered not to charge me for his services (too right) i carried on with them.

Legally, if i have been given the wrong advice by a solicitor then should the debt collector company understand this if i have proof? Because i didn't formally end the agreement and just stopped paying, this now means my credit has been badly damaged & i desperately need it to be fixed. The mistake wasn't mine, if i knew the legal sides of things i would have executed the end of the agreement in a proper manner.

Would a court see this as a fit enough reason to tell the company to re-instate my credit file, after everything i have gone through & that as soon as i found out i had bad advice i tried to rectify it? If this does not go to court, am i allowed to ask the firm to make my credit to as it was before they changed it, if i come to an agreement in respect of payment?

Mazda 6 2008 - My Solicitor - BAD ADVICE now big problems - LucyBC
This is outside my area of law but the immediate recourse is to filing a "Notice of Correction" with the 3 main credit agencies:

The addresses of the credit reference agencies are:
Equifax Plc
Credit File Advice Centre
PO Box 1140
Bradford
BD1 5US
www.equifax.co.uk

Call Credit Plc
Consumer Services Team
PO Box 491
Leeds
LS3 1WZ
0870 060 1414
www.callcredit.co.uk

Experian Ltd
Customer Support Centre
PO Box 8000
Nottingham
NG80 7WF
0844 481 8000
www.experian.co.uk:

Notice of correction

If there is information on your credit report that is factually incorrect, but the credit reference agency has taken no action in response to any objection lodged, or if there is information, which is correct, but where there may be background circumstances that you would like any potential lender to take into account, you can ask the credit reference agency to add a notice of correction to your credit reference file. You can also write to the Information Commissioner.

What is a notice of correction?

This is a statement of up to 200 words which you can write. It will be seen by anyone who looks at the entry on your credit reference file and should be taken into consideration if you apply for credit.

The notice should clearly and accurately explain why you think an entry on your credit reference file is wrong or misleading or requires further explanation.

If the agency thinks your notice of correction is incorrect, defamatory (affecting someone’s reputation), frivolous or scandalous, or is for any other reason unsuitable for publication, it must pass the notice to the Information Commissioner. The Commissioner will then make an order to say what notice, if any, should be added to your credit reference file.