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Mazda 3 Saloon - Outcome of COURT case against Mazda dealer - J_S

I bought Mazda 3 Diesel pre-registered demo from a dealer, just a few months old.
I liked the feel of the car, the shape (Saloon), the comfort and simplicity inside, albeit a bit noisy especially on motorways.
The dealer assured me that Mazda vehicles were very reliable.

PROBLEMS:
1. 20 months from registration: Turbo charger failed. It took 2 (two) months to replace it. It's a simple day job otherwise. Done under warranty
2. 4 years 5 months: Engine destruction due to timing belt failure at only 27 000 miles. If it had happened only seconds later, the car would have become a flying torpedo on the icy roads. 1 month repair. Good will contribution of 35% from Mazda Motors UK, cost over £3600.
3. 4 years 10 months: Starter Motor failed, hundreds of pounds quoted. No willingness to see that the garage might have caused the starter's failure while replacing the engine.

All those failures on a car that has a full servicing history with a franchised dealer, best possible driving and keeping.

For those who say that once warranty is over, that's it: you are on your own ( Mazda Motors UK are on this illusion too) : Consumer legislation actually states that goods have to be fit for purpose and of satisfactory quality, which includes and element of durability. It's not enough that a car lasts only 3 years, it's made to last decades if properly serviced. And what else can you do, since the manufacturer states replace timing belt at 150 000 miles, not 26 999?

I sought information from this forum as to whether other drivers had similar break downs at low mileage. Lucy from this forum was unable to understand how I would win and was rather rude in her email exchange.

I wrote on a number of occasions to the Mazda Motors UK, the dealer where I bought the car from and the garage that changed the engine.

Having exhausted all options (and patience), I commenced my claim in County court against the seller early this year. The claim concerned the broken down engine as a result of a manufacturer’s fault.

The court had no difficulties finding in my favour despite that the defendant challenged the judgement on two instances.

Still not paying up, I had to commence enforcement for the recovery of the judgment debt and made a full recovery.

The result is that the dealer has now CCJ registered against them and paid a lot more than they would have paid, had they considered my attempts to resolve the matter amicably. And also, I have deterred at least several potential buyers from buying Mazda as a consequence of my experience.

The new engine still gives a lot worse fuel economy in comparison to the original one, despite that it has been run in. I am short of about 100-150miles per tank.

Well, I got my compensation, but I truly expected more understandable approach by the dealer and Mazda Motors. It is sad that unless one goes to court, sellers take their customers for granted!

I might now seek compensation for the broken down starter, because the garage continues to defy common sense...

Good luck to everyone and if you get stuck with your Mazda 3, don’t be put off going to court!

JS

Mazda 3 Saloon - Outcome of COURT case against Mazda dealer - bonzo dog

Well done & thanks for letting us know.

It shows that when you are prepared to go to court AND have a case that you can win.

Mazda 3 Saloon - Outcome of COURT case against Mazda dealer - rjp

This is very encouraging for our C-Max CVT auto transmission failure case, which is also - despite many delays and diversions - filed with a county court and inching forwards. There is tremendous value in winning a legally binding precedent.

Mazda 3 Saloon - Outcome of COURT case against Mazda dealer - bonzo dog

There is tremendous value in winning a legally binding precedent.

I think you will find that rulings by County Courts do not set legal precedents

Mazda 3 Saloon - Outcome of COURT case against Mazda dealer - RT

There is tremendous value in winning a legally binding precedent.

I think you will find that rulings by County Courts do not set legal precedents

It would be a Binding Precedent on County Courts and Persuasive Precedent on the Court of Appeal and House of Lords.

Mazda 3 Saloon - Outcome of COURT case against Mazda dealer - J_S

I am afraid County court judgments are not precedents.

Despite this, you can still bring such judgments to the attention of the judge as purely informative facts, but do not try to persuade him to rule in your favour, just because another judge in similar circumstances has issued a certain order on another unrelated matter.

Mazda 3 Saloon - Outcome of COURT case against Mazda dealer - nortones2

As J_S says, County court judgements (like Magistrates courts and Crown Courts) are not capable of being binding in any way. Indeed their proceedings are rarely reported, in the sense of an official report by trained reporters (not yer local hack!) such as the Law Reports, or Lexis Nexis.

Mazda 3 Saloon - Outcome of COURT case against Mazda dealer - tony g
( Still not paying up, I had to commence enforcement for the recovery of the judgment debt and made a full recovery )

Well done JS,it takes real courage and determination to take on a main dealer and the manufacturer ,with a case that was initially far from clear and potentially expensive .

The thing that I find remarkable is that dealer didn't pay after the case was won without the threat of bailiffs .As a consequence the dealer has a CCJ registered against his business .

I understand that if a debt is paid within 14 days of a judgement ,then the debt is not registered by companies such as Experian .Is that correct ?

Several posts have commented on the probability of this not setting a precedent for future cases .It may be legally correct ,but given similar circumstances how would justice be served if a judgment was not made in favour of the plaintiffs .

Finally Mazda have generously ! contributed 35% of the £3600 it cost to replace the engine ,or even worse is £3600 the balance after the discount.

My point is how much does it cost Mazda to buy in or manufacture the engine .The dealers mechanics could easily fit a complete engine in less than a day ,cost to them £400 ? That would leave a balance of £3200 ,probably a lot more than Mazda buy the engine for .So despite the circumstances a problem for the customer and a profit for Mazda .











Mazda 3 Saloon - Outcome of COURT case against Mazda dealer - thunderbird
My point is how much does it cost Mazda to buy in or manufacture the engine.

Not a diesel but from the same manufacturer, I bought a brand new Ford Focus 2 litre Zetec in a crate to use in my classic. It came complete with sump, flywheel, clutch, inlet and exhaust manifolds, injectors, loom, basically in a Focus you would use the dipstick, alternator, power steering/AC pump and starter off the old engine. Paid £700 inc VAT to an official dealer. He made a profit as did Ford thus as you say how much to manufacture?

Mazda 3 Saloon - Outcome of COURT case against Mazda dealer - tony g
( Paid £700 inc VAT to an official dealer. He made a profit as did Ford thus as you say how much to manufacture )

Hi thunderbird ,that's interesting .I didn't imagine that an engine could cost over £3000 to manufacture and transport ,however £700 really does emphasise the point that Mazda and perhaps the dealer were still substantially in profit after the contribution from the op ,it really does seem wrong that they should see a profit from a car buyers misfortune .

I've just had a quick look on the net ,it seems that Mazda use ford diesel engines
In the 3 ,actual cost less than £1000 ?

Mazda 3 Saloon - Outcome of COURT case against Mazda dealer - thunderbird
I've just had a quick look on the net ,it seems that Mazda use ford diesel engines In the 3 ,actual cost less than £1000 ?

Not quite correct, in the diesel 3 and Focus both Mazda and Ford use PSA group engines. Since you are in the trade I hope you are aware that Ford part own Mazda.

Mazda 3 Saloon - Outcome of COURT case against Mazda dealer - FP

"I hope you are aware that Ford part own Mazda."

A small percentage only. According to Wikipedia:

"From 1979 to 2010, Mazda had a partnership with the Ford Motor Company, who acquired a 7% stake in 1979 and by 1996, owned 33.3% of Mazda. Under the administration of Alan Mulally, Ford gradually divested its stake in Mazda from 2008 to 2010, with Ford currently holding 3% of Mazda stock and severing production as well as development ties."

That last bit is significant.

Edited by FP on 04/10/2012 at 00:05

Mazda 3 Saloon - Outcome of COURT case against Mazda dealer - tony g
(Since you are in the trade I hope you are aware that Ford part own Mazda.)

Thankyou I do know that ,I believe that ford and Mazda set up a joint holding company trading in the name of Kyogo .However as I don't repair them ,only sell them ,it's not really relevant to me or my customers .99.9 % of car buyers would never ask who made the engine in the car .

To car buyers a Mazda has a Mazda engine ,colour and price are far more important .
Mazda 3 Saloon - Outcome of COURT case against Mazda dealer - HazzaRazza

JS

Thank you for this information, and well done. i am in the same predicament at the moment and intend to take Mazda to court over a similar problem. Can you advise whether you represented yourself in court or used legal advisors - and if so, whom?

thanks

Mazda 3 Saloon - Outcome of COURT case against Mazda dealer - focussed

JS

Thank you for this information, and well done. i am in the same predicament at the moment and intend to take Mazda to court over a similar problem. Can you advise whether you represented yourself in court or used legal advisors - and if so, whom?

thanks

Please, if you are going to seek to commence a court case, realise that you cannot take the manufacturer to court, unless they sold you the car direct-unlikely.

Your action is against the seller or in legal terms the "vendor" of the car -probably the dealer who sold you the car.

Mazda 3 Saloon - Outcome of COURT case against Mazda dealer - stephterry

I have a CX7 which had a timing chain fault (£1500 to repair) and a potential turbo fault (approx £2000 to repair - car has done 65,000 miles). The CX7 (and Mazda 3) was recalled by Mazda North America as they received numerous complaints about these problems. They produced a "special" extended warranty to 70,000 miles or 7 years, whichever sooner. Mazda UK have a totally different view despite the same engines used and being under the same company! I am currently in contact with Mazda UK who are not acknowledging the problems so am looking to take them to court as Mazda have admitted the fault in black and white so I can't understand how they can dispute their own company's decision! They are not explaining this either! I see you mention you can't take the manufacturer to court but I'm going to have a b***** good go! :-)