Omega Owners Forum

Chat Area => General Car Chat => Topic started by: Lizzie Zoom on 05 March 2017, 16:16:45

Title: Fight on with one battle won, another underway and almost won!
Post by: Lizzie Zoom on 05 March 2017, 16:16:45
I have posted about my recent experience with my miggy, and the battle I am fighting to keep it on the road.  That war is still ongoing, although the insurance company have unofficially agreed with the bodyshop owner I am using that they will meet a higher repair cost than they originally offered.  This was after I made my feelings clear and made them the offer that if they could find an example with the same spec, service history, mileage, and condition, being built in the last month of Omega production, I would settle. In fairness to them (Ageas) they have been VERY helpful and willing to meet MY expectations with any settlement. They have been open to negotiations all the way through with us ALL working together towards a resolution..  We shall see, and I will be happy once the car is back in shape!

This battle is after I had just concluded another war with Vauxhall at Luton. It involved an air conditioning compressor replacement that I had fitted by their main dealer Caffyns in Ashford in 2014. During the annual service in 2016 it was found to be covered in oil.  It was then fully investigated by a Vx Caffyns technician who declared it defunct.

I then paid £964.16 to have the compressor replaced. Immediately I commenced the process to recover my costs through Vauxhall's own complaint system at Luton. Two telephone calls to Luton produced no result, with only "the warranty expired in 2015" being quoted as a reason for not helping me.

I then sent a letter to them detailing out my dissatisfaction and my claim for £964.16 under the terms of the Trade Descriptions Act 1979, citing "Not Fit For Purpose". The executive resolutions team at Vx then wrote to me, again refusing to meet my claim as my car was "over 8 years old", and ALL parts only carry a years warranty.

I then responded with a "Letter before Court Action" making it clear again of my rights under the terms of the Trade Descriptions Act 1979" and that my car being over 8 years old, and the parts carrying only one years warranty did not negate my legal rights. As a retired senior retail business manager I was now in my element, using my professional skills and knowledge to deal with the nonsense being quoted to me.

A letter from the solicitors of General Motors UK then arrived fully itemising why I would not receive any compensation. I then initiated County Court action against Vauxhall Luton, making it clear that it was them who agreed to take full responsibility for my claim away from their main dealer Caffyns who ordinarily would be classed as the supplier of the services and parts, and therefore the defendant in any court action. The Vx web site also quoted their parts had a "minimum 1 years warranty", plus the parts were supplied by Vauxhall Luton.

Various court papers then flowed between the court, me and Vauxhall / GM. I assembled a full legal file on the case for the court, with all my documentary evidence and detailed costings, and these were sent to all parties. I then also wrote to Caffyns Head Office, sending them a legal file.

Next morning, after sending my file, the General Manager of the local Caffyns telephoned to offer, as a "goodwill gesture" full payment of my claim, including the £60 of county court fees. I soon received a cheque for the full £1,024.16 of my claim.

The morale is you NEVER give up and just accept a company's statements of limited responsibility. Check your legal rights, and be prepared for battle.  Yes, I have the advantage of professional administration skills and knowledge which includes civil and criminal law that I frequently used and still do, on occasions like now. But you can do it as well.

Don't let the buggers ground you down! If your claim is reasonable and can be backed up in law, go for it! ;)
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Shackeng on 05 March 2017, 16:19:34
Good for you Lizzie, and a message to all of us. Keep a record of everything. :y
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Lizzie Zoom on 05 March 2017, 16:21:02
Good for you Lizzie, and a message to all of us. Keep a record of everything. :y

Yep. That is vital, and thank God I do as a matter of course. Every single invoice is kept on file. :y
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Bigron on 05 March 2017, 16:30:58
I'd HATE to be your enemy, Lizzie! How do you feel about being OOF's legal advisor/champion?  8)

Ron.
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Lincs Robert on 05 March 2017, 16:38:52
Hi Lizzie,

Well done on the outcome - but I must admit to being confused.

If your car was a 2003 model, then how would Vx become involved in any warranty claim as they last 3 years from registration. I understand that you got a warranty with the car - but that wouldn't be a manufacturer warranty, it would probably be an insurance backed one arranged by the dealership wouldn't it?

I'm not doubting what you are saying, but am somewhat intrigued as to how Vx have become involved - was it a Network Q type warranty through a Vx dealer.

Thanks & all the best .....

Rob
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Lizzie Zoom on 05 March 2017, 16:56:03
Hi Lizzie,

Well done on the outcome - but I must admit to being confused.

If your car was a 2003 model, then how would Vx become involved in any warranty claim as they last 3 years from registration. I understand that you got a warranty with the car - but that wouldn't be a manufacturer warranty, it would probably be an insurance backed one arranged by the dealership wouldn't it?

I'm not doubting what you are saying, but am somewhat intrigued as to how Vx have become involved - was it a Network Q type warranty through a Vx dealer.

Thanks & all the best .....

Rob

No Rob, the parts carry the warranty. The car is well out of any warranty. The car is regularly maintained by a main Vauxhall dealer, who fitted the replacement Vx/GM compressor in 2014 and therefore I held them legally responsible for the early demise of the part.

Hope that clarifies the situation Rob. :)
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Nick W on 05 March 2017, 16:56:49

If your car was a 2003 model, then how would Vx become involved in any warranty claim as they last 3 years from registration. I understand that you got a warranty with the car - but that wouldn't be a manufacturer warranty, it would probably be an insurance backed one arranged by the dealership wouldn't it?

I'm not doubting what you are saying, but am somewhat intrigued as to how Vx have become involved - was it a Network Q type warranty through a Vx dealer.



The warranty claim was for the part/work -both of which ought to be expected to last for many years - not the car.
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Lizzie Zoom on 05 March 2017, 16:57:17
I'd HATE to be your enemy, Lizzie! How do you feel about being OOF's legal advisor/champion?  8)

Ron.

 ;D ;D ;D :y
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Lincs Robert on 05 March 2017, 16:58:33
Hi Lizzie,

Well done on the outcome - but I must admit to being confused.

If your car was a 2003 model, then how would Vx become involved in any warranty claim as they last 3 years from registration. I understand that you got a warranty with the car - but that wouldn't be a manufacturer warranty, it would probably be an insurance backed one arranged by the dealership wouldn't it?

I'm not doubting what you are saying, but am somewhat intrigued as to how Vx have become involved - was it a Network Q type warranty through a Vx dealer.

Thanks & all the best .....

Rob

No Rob, the parts carry the warranty. The car is well out of any warranty. The car is regularly maintained by a main Vauxhall dealer, who fitted the replacement Vx/GM compressor in 2014 and therefore I held them legally responsible for the early demise of the part.

Hope that clarifies the situation Rob. :)

It does indeed .......
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Field Marshal Dr. Opti on 05 March 2017, 18:26:23
I'd HATE to be your enemy, Lizzie! How do you feel about being OOF's legal advisor/champion?  8)

Ron.

Yep....I reckon Lizzie could become a real 'bunny boiler' if you rubbed her up the wrong way. :) ;)
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Bigron on 05 March 2017, 18:32:23
A gentleman would only ever rub a lady the right way..... :P

Ron.
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Sir Tigger KC on 05 March 2017, 18:34:52
A gentleman would only ever rub a lady the right way..... :P

Ron.

I doubt that anyone has ever accused our Lord Opti of being a gentleman Ron.  ;D
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Field Marshal Dr. Opti on 05 March 2017, 19:00:49
A gentleman would only ever rub a lady the right way..... :P

Ron.

I doubt that anyone has ever accused our Lord Opti of being a gentleman Ron.  ;D

True.....I have received more than my fair share of slapped faces and stiletto to the balls than I care to remember.

Having said that most women find me a likeable rogue. ::) ::) ;)
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Bigron on 05 March 2017, 19:08:47
So, you are a born-again Donald Trump. M'lud?  ::)

Ron.
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: TheBoy on 05 March 2017, 19:39:20
Excellent news LZ :y
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Field Marshal Dr. Opti on 05 March 2017, 19:42:20
So, you are a born-again Donald Trump. M'lud?  ::)

Ron.

I don't quite 'grab them by the pussy' but Trump had many feminine women vote for him.

I 'll wager the hairy pussy and armpit lesbian feminists hate DT though. :)


 
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Lizzie Zoom on 05 March 2017, 19:45:18
So, you are a born-again Donald Trump. M'lud?  ::)

Ron.

Don't swear by mentioning THAT name and joke of a President for such a great country as the USA ::) ::) ;D ;D He thinks he is God's gift to woman. I am sure gentleman Opti does not fit that mould. :) :)
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Lizzie Zoom on 05 March 2017, 19:47:00
So, you are a born-again Donald Trump. M'lud?  ::)

Ron.

I don't quite 'grab them by the pussy' but Trump had many feminine women vote for him.

I 'll wager the hairy pussy and armpit lesbian feminists hate DT though. :)


Oh dear. Perhaps Opti is like THAT man! :o :o ;D
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Field Marshal Dr. Opti on 05 March 2017, 19:53:10
So, you are a born-again Donald Trump. M'lud?  ::)

Ron.

I don't quite 'grab them by the pussy' but Trump had many feminine women vote for him.

I 'll wager the hairy pussy and armpit lesbian feminists hate DT though. :)


Oh dear. Perhaps Opti is like THAT man! :o :o ;D

Don't worry Lizzie I'm not a fan of Trump. He is 'entertaining' but then so is a circus clown.

I feel sorry for the American people. The choice for POTUS came down to making the least damaging choice. I'm no fan of Hillary Clinton either. I don't trust her and neither it seems did the American people.








Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Lizzie Zoom on 05 March 2017, 19:59:52
So, you are a born-again Donald Trump. M'lud?  ::)

Ron.

I don't quite 'grab them by the pussy' but Trump had many feminine women vote for him.

I 'll wager the hairy pussy and armpit lesbian feminists hate DT though. :)


Oh dear. Perhaps Opti is like THAT man! :o :o ;D

Don't worry Lizzie I'm not a fan of Trump. He is 'entertaining' but then so is a circus clown.

I feel sorry for the American people. The choice for POTUS came down to making the least damaging choice. I'm no fan of Hillary Clinton either. I don't trust her and neither it seems did the American people.

Don't worry Opti. His time will come once he fails to fulfill his vague promises and continues to look a fool around the World. I know  the American people are a proud bunch and do generally not suffer fools gladly. They will bring him down via the pen, ballot, or bullet. ;)
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Bigron on 05 March 2017, 20:44:40
There is more wisdom and common sense in this forum than all of the American (and our) politicians put together; why don't we form a world government and put things right?

Ron.
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Migv6 le Frog Fan on 05 March 2017, 20:50:21
A gentleman would only ever rub a lady the right way..... :P

Ron.

I doubt that anyone has ever accused our Lord Opti of being a gentleman Ron.  ;D

True.....I have received more than my fair share of slapped faces and stiletto to the balls than I care to remember.

Having said that most women find me a likeable rogue. ::) ::) ;)

As Kevin bloody Wilson once said "Ive been spat at and slapped. Ive been kneed in the knackers. But then, Ive had a few f***s as well.  ;D ;D
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Lizzie Zoom on 05 March 2017, 20:51:57
There is more wisdom and common sense in this forum than all of the American (and our) politicians put together; why don't we form a world government and put things right?

Ron.

The trouble is Ron mankind (man!) can never reach an agreement between themselves and thus we still suffer the conflicts we do. Strong people who love power rule, and they rarely work with similiar people. ::)
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Bigron on 05 March 2017, 20:59:40
Now Lizzie, women have fought long and hard to overcome sexism - and rightly too - so please do not deprecate men in that parenthetical aside like that: we get hurt, too.
"and if you prick us, do we not bleed?" (Shylock).  :(

Ron.
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Lizzie Zoom on 05 March 2017, 21:05:34
Now Lizzie, women have fought long and hard to overcome sexism - and rightly too - so please do not deprecate men in that parenthetical aside like that: we get hurt, too.
"and if you prick us, do we not bleed?" (Shylock).  :(

Ron.


Sorry Ron.

But when did a women last start a war? Man is the hunter; he is built for it, and for the protection of the woman and children. But it requires a control of the power he might have. That is when desires, political hunger, and pure male drive takes the very strong onto war. :'( :'(

Sad but true.
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Field Marshal Dr. Opti on 05 March 2017, 21:07:49
Now Lizzie, women have fought long and hard to overcome sexism - and rightly too - so please do not deprecate men in that parenthetical aside like that: we get hurt, too.
"and if you prick us, do we not bleed?" (Shylock).  :(

Ron.


Sorry Ron.

But when did a women last start a war? Man is the hunter; he is built for it, and for the protection of the woman and children. But it requires a control of the power he might have. That is when desires, political hunger, and pure male drive takes the very strong onto war. :'( :'(

Sad but true.

Thatcher...Falklands......1982. :) :-* :-* :-* :-*

Boudica was also always ready for a fight. ;)
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Migv6 le Frog Fan on 05 March 2017, 21:10:32
The Argies started that one. They may have thought that the British female leader wouldn't be aggressive in return.
They obviously hadn't done their homework on Maggie.  ;)
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Bigron on 05 March 2017, 21:11:01
Yes, but I was mainly objecting to the gratuitious side-swipe that you aimed at men. As a formerly opressed gender you should have known better.
Now, the trouble with just typing is that my response could so easily sound aggressive, but in person you would have seen the friendly smile on my face!   :)

Ron.
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Migv6 le Frog Fan on 05 March 2017, 21:28:46
So, you are a born-again Donald Trump. M'lud?  ::)

Ron.

As can be seen on the interweb videos of Lord Opti, he is nothing like Trump.  ;)
https://www.youtube.com/watch?v=-0lrQdFmL9U

Although he sometimes slums it as a gentlemans outfitter.
https://www.youtube.com/watch?v=pv9BKilYk9Q

The greatest comedy show ever made.  8)
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Field Marshal Dr. Opti on 05 March 2017, 21:29:46
The Argies started that one. They may have thought that the British female leader wouldn't be aggressive in return.
They obviously hadn't done their homework on Maggie.  ;)

You're right, they did. Big mistake.

My point being that Thatcher did very little to try and stop any escalation. I imagine she was rubbing her hands together with glee.

Thatcher probably had a 'male' brain which make her more inclined to 'bring up the knuckle'
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Migv6 le Frog Fan on 05 March 2017, 21:33:45
They did her the biggest favour possible. Before that skirmish she was the most unpopular PM ever. After that, she won another two elections, and was only finally dethroned by the likes of Heseltine and Clark from within her own party. Funny old game politics.
Title: Re: Fight on with one battle won, another underway and almost won!
Post by: Field Marshal Dr. Opti on 05 March 2017, 21:38:58
They did her the biggest favour possible. Before that skirmish she was the most unpopular PM ever. After that, she won another two elections, and was only finally dethroned by the likes of Heseltine and Clark from within her own party. Funny old game politics.

Agreed.

In 1981 I remember Thatcher being very unpopular. By 1983 all she had to deal with was Michael Foot. Theresa May has a similar scenario with Corbyn.

A snap election would mean a landslide for the Tories just as in 1983.