Toyota Complaint 3.02

Without Prejudice

Dear Mr Hughes,
On the 25th April 2012 I purchased a previously owned motor vehicle from Dermot Hughes Cars Ltd. Roscommon. I Paid 6,000 (six thousand) euros cash for one:-
Make: Landrover
Model: Freelander
Registration: 05 C 5935
VIN Number: LNA BA74A440427

The vehicle was offered and sold with a 12 (twelve) month ‘Toyota Dealer Cover Assured Used Car Warranty’. Warranty Number: 115557.

I was further assured that the vehicle had been serviced by you from new and had one previous female owner who was still a valued and loyal customer.

I attach a copy of my receipt and warranty for your information.

As part of the contract between us, I agreed to rectify minor exterior bodywork damage at my own cost. You would fit new parts including rear nearside light and some plastic bumper and wheel arch trim, provide the log book* and service manual and have fully serviced and ready to go.

I am writing this final request as an extremely disappointed customer, for you as a reputable business, to honour your obligations, promises and commitments regarding the contract for the purchase and transfer of ownership of the above mentioned vehicle between Myself (Mrs Paula Peggs) and Dermot Hughes Cars Ltd.

I have not been able to operate the vehicle in way that I would consider safe to either myself or other road users since the above purchase date.

My experience with the vehicle, together with your customer service performance and general advice has been extremely disappointing and of substandard quality (e.g. not fit for purpose), in-accurate and misleading. Dermot Hughes Cars limeited have therfore not met with my expectations.

I have already returned the vehicle several times during the first few weeks, for various fault rectification with limited satisfaction, including but not limited to:-
o Difficulty changing gear*
o Rear nearside door jammed shut
o Rear offside door stiff to open and noisy shut
o Rear door lock faulty
o Rear window leak
o Electric window failure driver side*
o Electric window failure near side
o Overheating*
o No internal heating
I have also telephoned your dealership on numerous occasions to and have become afraid to of confrontation with your business.
Further examples include:-
• Insisting that I drive the above vehicle, twelve kilometres to your dealership despite my sincere protests (as a recent heart attack patient) begging your engineer not to make me do it. I was told “the catalytic converter has blown, just drive the car back to the, follow me it’ll be fine“. Your technician drove away leaving me on my own in tears (what turned out to be) a catalytic converter failure and consequent engine overheating.
• I was first advised that the reason for the difficult gear change operation was due to “incorrect oil in the gearbox”.
• I was subsequently advised that I needed to press harder on the clutch pedal. The exact comment at the time being “you’ll need stronger legs or a smaller car to drive”. These comments left me humiliated, insulted and also afraid and reluctant to engage in further discussion with your staff.
• The principle problems of overheating and had been the inability to change gear and the constant overheating of the engine.
• The courtesy vehicle provided whilst the damage to my vehicle was being repaired, not only smelled severely of what I would describe as ‘wet dog’ it also had several other potentially dangerous faults e.g.
o faulty tail light
o tyre inflation irregular at each wheel
o tread
o Unable to engage reverse gear without a concerning ‘crunch’. As a consequence I did not use the vehicle and reported this fact to you.
• Despite continued requests to investigate severe ‘banging’ when changing gears, and difficult gear selection operation, the vehicle was returned in a worse condition than before the catalytic converter failed e.g. the engine fan opertated noisily and continuously, even after the engine was switched off. The water level was low and needed constant topping up. I found a track-rod arm from (what I assumed) another vehicle left in the engine compartment (item returned to you together with a list of outstanding problems to investigate)
All of the above have been reported to you and many occasions within the warranty period.

On Following various recommendations from local friends and acquaintances (some of whom had attempted to drive the vehicle and experienced the same problems) I took the vehicle to an independent motor mechanic. The diagnosis was:-
o Warn out clutch
o Faulty rear bushings

I was strongly advised the vehicle was not driveable in its current condition, I had no choice but to authorise the repair of the clutch and bushings at a total cost of one thousand and eighteen euros.

The work carried out at this time was successful and gear changing is now perfect. Also the banging noise was completely eliminated.

I was also advised by a local mechanic to return the vehicle to you for inspection and rectification and not to drive the vehicle.

On Friday 30th August 2013, my husband and I returned the above vehicle to your Toyota Dealership at the above address for the tenth time in sixteen months.

I asked my husband (Mr John Peggs) to arrange an appointment to meet with you and explain the fact that I had not been able to use the vehicle since purchased and was now afraid to interact with you.

You advised my husband that you had no recolection of any problems and would investigate as a matter of urgency and contact him early the following week*. No courtesy car was offered, but I left the car with you in any event and I continued using a hire vehicle organsised by my husband.

On Friday 6th September 2013 my husband received a telephone call from one of your engineers advising that the engine head gasket was leaking and needed replacement. The engineer proposed that the parts would be provided at your cost, but I would be required to pay the labour time to rectify the fault. My husband asked for an estimate of expected costs but no figure was offered. My husband advised your engineer that this was not a satisfactory and that he would need top speak with Dermot Hughes in personas soon as possible.

My husband met with you again on Wednesday 11th Speptember 2013 to discuss your proposal. At this time you made several further offers for remediation:-
1. I pay for the labour costs of the repair work and Dermot Hughes Cars would meet the cost of parts
2. Dermot Hughes Cars will repair the head gasket at its own cost and I sign a separate agreement releasing you from any further responsibly for the vehicle
3. I obtain a second opinion and cost estimate which could be discussed at a later date

During your discussion, you and your head of service readily conceded and agreed that you had offered bad advice regarding the catalytic converter failure. However, you also claimed that the vehicle had been collected at the point of breakdown location, and that you had recovered and transported the vehicle on a flat bed transporter back to your location*.

You also presented a printed service record showing 9 (nine) previous actions. However you also claimed that there were no further records, and you had no recollection regarding either overheating or gear change problems. At the same time you told my husband that the vehicle would not have been covered by a 12 month dealership warranty and that you could not believe you yourself would have entered into such an agreement.

Also at this time you adised my husband that you could provide a courtesy vehicle for use whilst my vehicle was undergoing repair. My husband asked why this had not been offered earlier, and was told “you didn’t ask”.

Your head of service also stated that he had no recolection of any past issues with my vehicle. When questioned further, he also admitted that he had only been employed by you for two months.

When my husband asked how much the labour contribution was likely to be to make good the vehicle, you and your head of service were unable to provide any form of estimated costs. You advised my husband that you would have to let him know the cost*.

My husband challenged the above statements and was not able to accept the proposed remedies as being reasonable on my behalf. My husband offered you two alternative options as a satisfactory remedy (which I had previously requested). Either correct the problem and deliver the vehicle back in safe working order, or refund the cost of the vehicle in full.

My husband also asked if there could have been a mistake in your records. You stated “I have been in motor business for over 20 years and don’t not make mistakes”. When asked if this statement was actually true (i.e. no mistakes had ever happened in 20 years) you walked away from the discussion in a temper, before any agreement could be reached.

Later the same day, my husband returned to your dealership in an attempted to reconcile any differences of opinion and resolve the problem.

This time you insisted that I had to pay for the labour to complete the rectification work and that was there would be no further discussion on the matter.

My husband suggested the option of a second opinion for reconciliation. At this point you told my husband that you would have nothing to do with his nominated service mechanic. You then refused to discuss the matter any further.

My husband returned home to inform me that he had been unable to enter into a reasonable discussion with you or locate a service facility locally prepared to get involved with Dermot Hughes Cars.

As at 19th September 2013 you have held the vehicle for 20 days and I have heard nothing further from you.

PP