Volkswagen Don't Get Done Get Dom


Volkswagen

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Transcript


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For years now I have been on a crusade to combat your consumer woes.

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But there are companies out there who just aren't taking the hint.

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Big companies only care about money.

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On a daily basis thousands of you are being taken for a ride.

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And it's always the same old stuff.

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Bad customer-service, poor products, dodgy workmanship,

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and dreaded terms and conditions.

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Companies do not show respect to the consumers.

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These dismal dealings can drive you to despair

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and leave you feeling abused and confused.

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But fear not,

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because I will take them on to make sure you do not get done.

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Coming up on today's show... a fleet of faulty cars

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and a manufacturer refusing to cough up.

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It was put up and shut up, that's how I felt.

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An interior designer whistle blower who's come out of the closet

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to advise you how to spot an industry faker.

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If you do not check if the person is on the register, then buyer beware.

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And we hit the streets

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to help you get to grips with your consumer rights.

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It must be breaching some law.

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Anyone that drives a car

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will have had problems at some point in their life.

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After all, they're big powerful machines with plenty of moving parts

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and they wear out - it's inevitable.

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But if the part that's broken could cost more than £1,000 to fix,

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all of a sudden your headache's going to become a nightmare.

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Let's assume, hypothetically, I paid my money and I am back on the road.

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But the mechanic told me

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this part routinely goes wrong on similar cars.

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I am starting to wonder, why hasn't the manufacturer sorted it out

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and why am I paying for it instead?

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Somebody else asking that very question

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is Bradford-based mother of one, Sarah Sykes.

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Three years ago Sarah's work demands drove her to seek out a new car.

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She purchased a 2006 1.6 litre VW Golf

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from a local independent car dealer for just under £8,500.

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I absolutely loved it.

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It was a really nice car, sturdy to drive, I felt very safe in it.

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Sarah was not the only person in the area enjoying the delights

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Volkswagen had on offer.

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In the neighbouring town of Blackburn,

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NHS care worker, Tina Park, also purchased a 2006 VW Golf.

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She went directly to a Volkswagen main dealer

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and snapped up a brand new 1.9 litre diesel model for £15,500.

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I was happy and confident that I had bought a car

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I could rely on, that would get me to work.

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So we have got two VW Golfs bought from two different garages

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in two different towns, being driven by two different women.

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But there is one thing they have in common.

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I'd gone out for the day to the local gym.

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When I came back to get in my vehicle I noticed that the ESP light was on.

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Tina was not the only one seeing flashing lights on her dashboard.

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It is a bright orange light and a picture of a car skidding.

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The flashing light indicated that the electronic stability programme,

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or ESP, the safety system that helps prevent skidding, had a fault.

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I kept pressing it thinking that it would go off.

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But it didn't, it just stayed on.

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You think, "Should I be driving this

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"when there is a car skidding on my dashboard?

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"Is it safe to drive?"

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I'd owned the car for just over four years.

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That is when the problem came to light. I was very disappointed.

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I hate it when anything goes wrong with cars

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because I don't know what the problem is.

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I was panicky, thinking,

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"Should I be driving with the light on?"

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Both Tina and Sarah took their cars

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to their local VW dealerships

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who diagnosed the same fault.

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But they were both told that because the cars were out of warranty

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they'd have to foot the repair bills.

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Their love affairs with VW were well and truly over.

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Poor Tina punted out nearly £850 to get her car fixed

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and Sarah put her foot down and refused to pay.

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It makes me worry every time I drive it.

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It makes me really upset and angry.

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It's not money I can afford to pull out.

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Their battle against VW has run out of gas

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so they have asked me to take up the reins.

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It's time I headed to Huddersfield.

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I tell you what, in weather like this,

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it is not the time of year

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you want to be having a problem with your car.

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I'm about to meet two ladies who have got just that.

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And look at that, she hasn't even got a knocker.

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Tina and Sarah had never met me before

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so I thought it would be a good idea

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to bring the two disgruntled drivers together

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for a chinwag at Sarah's house.

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-Hiya! You Sarah? Awful weather, isn't it?

-Yes.

-How are you doing?

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Tell me about your problem, let's start with you, Sarah.

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I noticed the ESP light came on

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randomly one morning when I turned the car on.

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From that moment on I have just been really scared to drive it.

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I am a bit more wary when I am braking,

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especially in weather like this

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when it's snowy and slippy on the roads.

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It affects your confidence in the vehicle? Is that the same with you?

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Yes. You don't feel safe driving the car in icy conditions.

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You want to feel safe, don't you?

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It is a really bright and in-your-face light.

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You can't...

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The thing is, that stability setting is there for safety reasons.

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It's like having an airbag. You want it there.

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And when it doesn't work it means that something's not quite right.

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I'm sure many of you are wondering what this ESP is

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and what it means when it is not working.

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So fasten your seatbelt for a crash course from an expert mechanic.

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ESP is primarily a safety feature fitted to cars

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where the conditions that the car is being driven in -

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such as rain, ice or snow -

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limit the adhesion of the tyres to the road

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and can correct adverse conditions in which you are driving.

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It is a safety system to help prevent skidding. Got it.

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What would cause the ESP warning light to come on?

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The only way ESP can fail is electronically.

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If one of the censors cannot give information

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to the electronic control unit

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then naturally the ESP will not work properly.

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It is caused by electronic malfunction.

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And if the ESP isn't working, what does that mean to the driver?

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ESP is fitted for a reason.

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If it fails to operate then the car is not functioning as it should.

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If one is used to having that as a safety feature,

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not having it is a negative situation.

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So ESP is a very good safety feature to have when it is working

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and if it is fitted to your car it should be working.

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I am interested in why both Tina and Sarah

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are experiencing the same problem.

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If you've got the same fault that could be a coincidence.

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-But it is not, is it?

-No.

-How do you know?

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After looking online,

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finding so many people with the same problem,

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there is actually a forum set up specifically for ESP warning lights.

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Most recently, a Facebook group was set up.

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So there are a lot of people, we're not just talking about a couple?

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-No.

-Any idea how many? A rough guess?

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On the Facebook site there is about 178.

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-All United Kingdom?

-Yes.

-They're adding new ones each day.

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Cos you get updates on your phone,

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and it's like, another person has joined, or posted on the forum,

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so they're all saying exactly the same thing.

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-These lights are coming on?

-Yes.

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This is shocking.

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The ladies tell me that most people online experienced the ESP

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around the same time - just outside of the three-year warranty.

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So I find it difficult to believe

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VW aren't already aware of the malfunction.

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If you ask me, in these situations,

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car manufacturers should diagnose

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and fix the problem for free, no questions asked.

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It seems VW do things differently.

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I decided to take the car to VW because I felt

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it was their responsibility to fix the faulty parts.

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But the first thing they wanted was money.

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-How much did they charge you for a diagnostic test?

-£49.

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There is something I want to query myself,

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why charge you £49 for a diagnostic test if it is a problem

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they are aware of and there are lots of complaints about it?

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They've got to determine it's definitely that fault

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with the diagnostic machine.

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And even if you take it to an independent garage

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they will not accept what they're saying.

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-So they've got your business.

-I don't like the sound of that.

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As you say, they know what the problem is,

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hundreds of people are complaining about it,

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but £50 for a diagnostic check - they should reimburse that.

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Did you have to have this diagnostic test done?

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Yes, at an independent VW garage

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where I took my car for servicing and MOTs.

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When I rang the main dealer they said,

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we can't go with what they are saying,

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you need to put it on our machine, that will be £100.

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So they want £100 off you

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-and yours is a VW main agent and...

-Yeah. £49.

-Crikey.

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The inconsistency here is eye-watering.

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I'm quickly learning that this is the tip of the iceberg.

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Sarah tells me her VW dealership in Bradford said

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she would have to pay £610.68 for a patch up repair.

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But 20 miles away in Huddersfield, this was not offered to Tina.

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Sarah was given a second option to pay £1000 plus labour

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to get the faulty part replaced,

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but Tina was quoted £1,200 for the same job.

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And because her car hadn't been serviced by a VW main dealer,

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Sarah did not qualify for a goodwill discount.

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But Tina, who also had a non-VW service history,

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was offered a 30% discount.

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Same car, same problem, completely different prices.

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It sounds to me like there's not only no consistency

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with the repair options offered,

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but no consistency in the reasoning behind it.

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This does not sound like the sort of service

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you would expect from VW.

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They're well known. They have been around donkey's years.

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A brand that you trust.

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And especially with the advert on the television where it says,

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"It is like a Golf, but it is not a Golf" -

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they are projecting themselves as having a premium brand,

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quite exclusive, you are buying a high-quality product.

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Exactly. This is at the core of my gripe with VW.

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Tina and Sarah bought these expensive cars

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partly because of features like this ESP.

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So when it breaks, no wonder they want to get it fixed

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at the manufacturer's expense.

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Who wouldn't? But it has left Tina nearly £850 out of pocket...

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It was put up and shut up, that's how I felt.

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..and poor Sarah with no confidence in her car.

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Every time I turn the ignition on it makes me feel a bit sick.

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Let me ask you a question -

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what do you both expect and want from VW about this problem?

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Let's start with you, Sarah.

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I expect them to admit that there's an actual fault

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and that it is widespread.

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And I want them to fix it. I want them to replace the part.

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Not necessarily repair it, just replace it.

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That would give me total peace of mind.

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-At zero cost, or are you prepared to pay towards it?

-Zero cost, ideally.

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And you, Tina, slightly different because you have already

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had the part repaired.

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-What do you expect from VW?

-To acknowledge there is a problem,

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recall the vehicles that need recalling for it,

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and for myself, to reimburse what I've pulled out to pay for repairs.

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I'm confident that the ESP fault is huge.

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But going up against Volkswagen,

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well, the words David and Goliath spring to mind.

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But what I love about having two damsels in distress

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is that I can spread the workload.

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You ladies can do me a favour, if you do not mind.

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I know you're online.

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Can you do some research and see if you can get some indication

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as to how many people have the same problem.

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Get me the diagnostic code. Anything at all that might help.

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As you've had your problem fixed,

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would you mind going to a reputable garage,

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not necessarily a VW main agent,

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and ask an expert, somebody about exactly what this item is,

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what it means if it is on,

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is it an MOT failure, have they come across it with anyone else?

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So, in a nutshell, I want you to get online, you to get on the road

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and we'll try and get a result between us.

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And, fingers crossed, because it could be a bit sticky.

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Can I take your paper work? I will return it.

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That is all I need at this stage.

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See you soon. Do you want to see me out?

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-Of course I will.

-Lovely.

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Those ladies bought those cars

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because it was the name of a brand they trusted.

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Yet one is so worried she does not use the car anymore.

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Absolutely ridiculous.

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I'll be interested to see what VW have to say about this

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because, by the sounds of it, it's an inherent and common fault.

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And it seems VW might not be too surprised

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to be hearing from me.

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I asked them a few crucial questions there,

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and said, "Is it a manufacturing fault?

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"Because if it is I will come at you all guns blazing

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"and ask you to repair this at no cost to the customer."

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I know better than anyone

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that the laws involved with buying goods and services

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are a bit of a minefield.

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I have been swotting up on this stuff for years

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and my mind still boggles.

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But a little knowledge will do you and your wallet a huge favour.

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So the team have been out armed with questions

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to put to you, the buying public,

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to see if you know your consumer rights from your consumer wrongs.

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We hit the high street today on a mission to give you shrewd shoppers a bit of savvy.

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First up for you busy buyers...

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"You buy a sofa which is described as 150cm wide in the store catalogue.

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"When it is delivered, you can't get it into your living room as the door is too narrow.

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"You measure it and the sofa is 155cm wide.

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"The store refuse to take the sofa back,

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"claiming you should have measured it before purchase,

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"and the catalogue is only a rough guide.

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"Can they do this?"

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I don't think they can do that.

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It's false advertising, isn't it? If you say something's something it has to be so.

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-I don't think they can do it.

-No.

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It must be breaching some sort of law.

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Spot on. Three out of three.

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Under the Sales of Goods Act, all products must be as described.

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If the retailer's catalogue stated it was smaller than it was,

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they are in the wrong.

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You should contact the retailer and demand a refund.

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-Yeah, we got it right!

-Yay, got it right, next one!

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Oi-oi, steady on there! Next up...

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"You book tickets to a pop concert but the main act cancels on the night

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"and is replaced by a cover band. Can you get a refund on your ticket?"

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I'd have said yes.

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You are entitled to a refund.

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-They should.

-They should.

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No.

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Correct, but only one out of four.

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If a replacement performer steps in, you are not entitled to a refund.

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Concert organisers have the right to change performers from those advertised.

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And if you can't make it to an event or change your mind,

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you've got no right to your money back.

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Oh, that's interesting.

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It certainly is. Now, let's see how you fair on the last one...

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"You go on holiday to the US and take your smartphone with you.

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"You leave it switched on as you're expecting an important call

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"but never actually use the phone while in America.

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"However, when you get home, your phone company sends you a bill for £500.

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"Is this possible and do you have to pay?"

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That's probably right.

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You did something to get some kind of £500...

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If they charged you for having your phone switched on...

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I'm going to say yes.

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-Well, you're using their network...

-Come on, my coffee's going cold!

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-Yes.

-And your final answer is?

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They are allowed to bill you.

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We got there in the end.

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Many smartphones run automatic software updates

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which can incur local data charges.

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In countries outside the EU, these can be up to £9 per megabyte.

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To avoid these charges,

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disable your phone's data roaming function before you leave the UK.

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That's rubbish.

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I agree, and that's why it pays to know your rights.

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Well, there's still scope for improvement,

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but I'm pleased to see that some of you appear to have lent an ear

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to my years of ranting about your rights.

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Trust me, a little inside knowledge will go a long way to stopping you getting done.

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I'm assisting two ladies experiencing problems

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with the anti-skid system, or ESP, on their VW Golfs.

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So I was panicky all the way driving to work, thinking,

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"Should I be driving with the light on?"

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Not knowing if the car was safe to drive or not safe,

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so I could have been putting myself at risk.

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Tina and Sarah told me the internet is crawling

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with disgruntled VW owners experiencing the ESP fault.

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And I've been checking my inbox and lo and behold,

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I received yet more e-mails from customers requesting my help on this very issue.

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So, I'm adding them to my list with Tina and Sarah.

0:18:540:18:57

Normally, when I'm ringing someone up, I've had a complaint and I've got to try and sort it out.

0:18:580:19:03

In this case, I've had loads of complaints

0:19:030:19:05

all about a very similar problem with VWs. Not good enough.

0:19:050:19:09

I would like to speak to somebody about an ESP light that's coming on with VWs.

0:19:090:19:15

Wow! It seems just a mention of the ESP issue

0:19:150:19:18

puts the cat amongst the pigeons.

0:19:180:19:20

Before I know it, I'm passed through to Paul in the press office.

0:19:200:19:24

There seems to be a common denominator here with the problems

0:19:240:19:27

that people are experiencing, and it's an ESP light that's coming on.

0:19:270:19:31

Is this problem something you're aware of?

0:19:310:19:34

If it's the one I'm thinking of,

0:19:340:19:36

the actual fault is in fact a faulty pressure sensor switch.

0:19:360:19:40

Is it a manufacturing fault,

0:19:400:19:42

cos it sounds like it's something which, you know, is happening a lot?

0:19:420:19:46

Well, I believe it's a defect in the pressure sensor

0:19:460:19:49

from one source of supply.

0:19:490:19:51

Hold your horses! The flashing light is caused by a faulty switch?

0:19:510:19:57

And VW are well aware of the problem?

0:19:570:19:59

Basically, if it's a manufacturing fault, it should be covered and the cost should be covered.

0:19:590:20:03

If you can allow me to come back to you on the exact details.

0:20:030:20:07

Now, whether VW want to consider this a manufacturing fault or not,

0:20:080:20:13

the bottom line is the switch is failing and therefore,

0:20:130:20:16

in my eyes, isn't fit for purpose.

0:20:160:20:18

And because of that, I believe it's covered under the good old Sale of Goods Act.

0:20:180:20:23

This legislation means car-owning consumers are protected

0:20:230:20:26

if the vehicle is not fit for purpose.

0:20:260:20:29

Thank you, Paul. Bye-bye.

0:20:290:20:30

Bye.

0:20:300:20:32

I tell you what, nice guy, seems to know what he's talking about

0:20:320:20:36

but I asked him a few crucial questions there, said, "Is it a manufacturing fault?"

0:20:360:20:39

and he said, "Yes, I believe so, but I'll just double-check."

0:20:390:20:42

And I thought, "You better do that, because if it is,

0:20:420:20:45

"I'm going to come at you all guns blazing

0:20:450:20:48

"and ask you to repair these at no cost to the customer." End of.

0:20:480:20:52

Whilst I wait for Paul to dig out more details about the fault,

0:20:520:20:56

I'm going to do a bit of research of my own.

0:20:560:20:59

The Golf has been VW's most popular family car

0:20:590:21:02

since rolling off the production line in 1974.

0:21:020:21:05

And 38 years later, over 26 million of them have been sold worldwide.

0:21:050:21:10

It seems the problems Tina and Sarah are experiencing with their ESP

0:21:100:21:15

isn't just unique to Golfs.

0:21:150:21:17

Meet Philip Hewington from Reading.

0:21:170:21:19

He bought a VW Touran in 2007 and, you've guessed it,

0:21:190:21:23

just outside the warranty, the ESP warning light reared its ugly head.

0:21:230:21:28

So, the light just appeared on the dashboard,

0:21:280:21:30

but it was sort of a concern in that, you know, it is part of the car that has failed.

0:21:300:21:35

So I then sort of took about looking on the internet and doing research

0:21:350:21:39

to find out what the issue was, what the likely fixes might be.

0:21:390:21:42

VW refused to fix it for free.

0:21:420:21:44

Instead, they told Philip it would cost him £185,

0:21:440:21:48

which then rose to £485.

0:21:480:21:51

It almost seemed quite dishonest.

0:21:510:21:52

If it had been £485 upfront, I think I'd have sort of stomached that.

0:21:520:21:57

But being £185 to £485, it was a massive increase

0:21:570:22:02

in the sort of estimated price versus the actual quoted price.

0:22:020:22:06

Philip was not a happy chappie, so he wrote to the Volkswagen UK CEO

0:22:060:22:10

and pulled him exactly what he thought of the situation.

0:22:100:22:15

He said, based upon that, there was no more that they could do.

0:22:150:22:17

You know, it was kind of effectively case closed.

0:22:170:22:20

Philip took it to an independent garage who charged him £485.10

0:22:200:22:25

for the repair kit option. Crikey!

0:22:250:22:27

So that's three cases I've taken on.

0:22:270:22:30

Better start getting my head down and try and get these issues solved.

0:22:300:22:34

Because of the amount of people who are complaining about the same

0:22:340:22:37

ESP light on their cars,

0:22:370:22:38

I'm pretty convinced it's a manufacturers inherent fault.

0:22:380:22:42

In other words, it was there when it left the factory.

0:22:420:22:44

Now, if that is the case,

0:22:440:22:46

VW are obliged to repair or replace the item that is faulty.

0:22:460:22:49

And they've already told me that a batch of these switches

0:22:490:22:53

fitted on these cars were not fit for purpose.

0:22:530:22:56

That's why I'm going to keep quoting the Sales of Goods Act

0:22:560:22:59

until VW sit up and listen.

0:22:590:23:01

But when I head back to the office,

0:23:010:23:03

I'm greeted by an unexpected response.

0:23:030:23:06

Now, Paul from VW has got back to me with an e-mail, which I like.

0:23:060:23:11

But I'm going through it and there's one bit here, he says,

0:23:110:23:14

"We have been replacing this switch free of charge on vehicles back to model 2005."

0:23:140:23:19

It goes on to say they've been doing this even if the vehicle

0:23:190:23:23

has no service history.

0:23:230:23:25

So, I go back through Tina, Sarah and Philip's case notes,

0:23:250:23:29

and discover all three cars fit this description.

0:23:290:23:32

So why have they all been refused?

0:23:320:23:35

There's no hiding, Paul.

0:23:350:23:38

Morning, is Paul Buckett there, please?

0:23:380:23:40

Actually, there is, because he's out the country.

0:23:400:23:42

But, his colleague Kate is holding the fort.

0:23:420:23:44

What it is, Kate, Paul's sent me back an e-mail very kindly

0:23:440:23:48

and one of the things he's mentioned in this e-mail, just to quote,

0:23:480:23:51

he says, "We have been replacing this switch free of charge on vehicles back to model year 2005."

0:23:510:23:57

Which is great if that's the case, but I've got at least, well,

0:23:570:24:02

a handful of people here who have all been to VW main agents

0:24:020:24:05

and for various different reasons, have had to pay to have this switch replaced.

0:24:050:24:09

So what I need to address here, Kate, is these people's money.

0:24:090:24:12

I'd like it back.

0:24:120:24:14

Not only do I have it in black-and-white from VW

0:24:160:24:18

that they should be rectifying this fault free of charge,

0:24:180:24:21

I've got legislation which should drive it home.

0:24:210:24:26

Because there is another iron to put in the fire here, Kate.

0:24:260:24:28

You've got your warranty, your VW warranty,

0:24:280:24:31

which is not your statutory rights.

0:24:310:24:33

You've got your gestures of goodwill, which, obviously,

0:24:330:24:36

a big company like VW would want to do that, keep their customers happy.

0:24:360:24:39

Then you've also got statutory rights in the Sale of Goods Act.

0:24:390:24:41

This is the crux of my argument with VW.

0:24:410:24:45

They've admitted the warning light fault is caused by a defective part,

0:24:450:24:49

so in my book, warranty and service history are irrelevant.

0:24:490:24:52

Now, what that means in a nutshell is it doesn't matter how nice

0:24:520:24:55

you want to be about it, legally, you've got to put it right.

0:24:550:24:58

We'd like you to refund the money,

0:24:580:25:01

and, not only that,

0:25:010:25:02

we'd like some sort of promise from you

0:25:020:25:05

that maybe the VW garages need to be brought up to speed

0:25:050:25:07

with the Sale of Goods Act and say,

0:25:070:25:09

"Look, if it's a manufacturing defect fault,

0:25:090:25:11

"you've got to put it right".

0:25:110:25:13

-'All right, thank you.'

-Bye-bye, then.

0:25:130:25:15

I hit her there, right between the eyes.

0:25:150:25:17

I want their money back. Don't tell me about your warranty.

0:25:170:25:20

Don't tell me about gestures of goodwill. It's the law.

0:25:200:25:23

Sale of Goods Act. Warranties aren't. Give the money back.

0:25:230:25:26

Whilst Kate, at VW, digs out some answers for me,

0:25:270:25:30

I've asked Sarah and Tina to do a bit of digging of their own.

0:25:300:25:33

Now, I'm convinced this problem is huge,

0:25:330:25:35

and affecting more people than the cases cluttering up my inbox.

0:25:350:25:39

So, Sarah's been scouring the web, in search of more people

0:25:390:25:42

who have fallen foul of VW's faulty ESP.

0:25:420:25:45

It's quite surprising, really, how common the ESP fault is.

0:25:450:25:49

Just by typing into a search engine,

0:25:490:25:52

and the problem with the car is coming up with loads of results

0:25:520:25:55

for different online forums.

0:25:550:25:57

'Remember, VW initially told me

0:25:570:26:00

'they were fixing the fault switch for free for all VWs made from 2005.

0:26:000:26:05

'Irrelevant of age and service history.'

0:26:050:26:09

It seems that some people

0:26:090:26:11

are getting the part fixed free of charge.

0:26:110:26:13

Some people are having to pay a proportion of the cost.

0:26:130:26:18

Some people are getting no help whatsoever.

0:26:180:26:20

If VW are fixing this problem for free,

0:26:200:26:23

why is the internet full of people

0:26:230:26:25

who have been told by main dealers that they're not?

0:26:250:26:28

The only people who do seem to get a result are those who

0:26:280:26:31

claim through the small claims court.

0:26:310:26:33

Now, that's interesting, and I'll bet my last penny they cited

0:26:330:26:36

the trusty Sale of Goods Act.

0:26:360:26:38

And, while Sarah's been clicking away in the comfort of her own home,

0:26:380:26:41

I've asked Tina to take a trip to the local independent garage.

0:26:410:26:47

Have you had a lot of these vehicles in?

0:26:470:26:49

We've had a few in lately, yeah. Tourans, mostly.

0:26:490:26:52

VW Tourans? That's interesting,

0:26:520:26:54

as that's the model of car Philip's had his issue with.

0:26:540:26:57

How much do you charge to fix something like this?

0:26:570:26:59

The pump itself isn't actually that cheap.

0:26:590:27:02

They're between 600 and 800 quid to do,

0:27:020:27:05

then you've got labour, on top of that,

0:27:050:27:07

-so it's taking about 1,200, 1,300 quid.

-1,200 quid, yeah?

0:27:070:27:10

So it is exceptionally dear, yeah?

0:27:100:27:13

Have you heard of any other customers

0:27:130:27:15

getting their money back for these issues from Volkswagen?

0:27:150:27:18

I personally haven't heard of anyone getting their money back, at all.

0:27:180:27:21

Should be a warranty job, really, shouldn't it?

0:27:210:27:24

And is it an MOT failure?

0:27:240:27:26

At the moment, no. But they are thinking about bringing it on,

0:27:260:27:29

so it will be soon.

0:27:290:27:31

Not only is this problem happening

0:27:310:27:33

to VW customers all over the country,

0:27:330:27:35

soon you may have to fork out for the repair to avoid failing the MOT.

0:27:350:27:39

And Sarah has found evidence of disgruntled owners

0:27:390:27:42

who have had to go to court to get their money back from VW.

0:27:420:27:46

That information's got to put me into pole position.

0:27:460:27:51

Since I last spoke to Kate at VW, I've received an interesting e-mail,

0:27:510:27:55

saying that they've judged the contribution towards repairs

0:27:550:27:59

on factors like age, and mileage of the vehicle.

0:27:590:28:02

And she's reviewed the cases I've sent to her, and states that,

0:28:020:28:05

"Contributions were made in line with the agreed criteria".

0:28:050:28:10

Hold on.

0:28:100:28:12

I've received an e-mail from Paul at VW, that said,

0:28:120:28:14

"We've been replacing this switch free of charge

0:28:140:28:18

"on vehicles back to 2005". So, come on, VW. Which is it?

0:28:180:28:21

Now, this is one of the issues I have with Volkswagen.

0:28:210:28:24

There doesn't seem to be any consistency in how they're dealing

0:28:240:28:27

with this problem.

0:28:270:28:28

'And this has got me thinking.

0:28:280:28:30

'VW aren't the only car manufacturer out there.

0:28:300:28:34

'There are literally hundreds

0:28:340:28:35

'of different makes and models of cars,

0:28:350:28:39

'all made up of components which have the potential to go wrong.

0:28:390:28:42

'And what happens when a fault emerges,

0:28:420:28:44

'that could exist on thousands, or even millions of cars?

0:28:440:28:47

'The answer is a vehicle recall.'

0:28:470:28:50

The biggest recall a manufacturer's ever had to make

0:28:520:28:55

was in 1996 in the United States,

0:28:550:28:58

when eight million Fords were called back

0:28:580:29:00

because of a problem with the ignition.

0:29:000:29:02

So, car manufacturers can do it.

0:29:020:29:04

Which leaves me with a couple of questions.

0:29:040:29:06

Should VW be recalling all of their models

0:29:060:29:09

with the ESP problem?

0:29:090:29:10

What warrants a recall?

0:29:100:29:12

And, also, who is keeping an eye on the manufacturers,

0:29:120:29:14

to make sure those cars are actually safe?

0:29:140:29:17

'That would be VOSA,

0:29:170:29:20

'the agency responsible for seeing car recalls in the UK.'

0:29:200:29:24

VOSA launches recall

0:29:240:29:25

where a defect arises in either the design

0:29:250:29:28

or manufacturing of a vehicle.

0:29:280:29:29

This is defect which is sudden,

0:29:290:29:31

and would result in serious injury, or death.

0:29:310:29:34

That's the type of defect, such as the brake failure,

0:29:340:29:37

or something really safety-critical, like the steering.

0:29:370:29:40

'But who asks for a recall?'

0:29:400:29:42

Usually, manufacturers identify a defect, and come to us,

0:29:420:29:45

to help them launch a recall.

0:29:450:29:47

Sometimes, members of the public will notify us of defects,

0:29:470:29:50

and we will investigate the defect.

0:29:500:29:52

But VOSA does have the powers

0:29:520:29:53

to force manufacturers to do a recall.

0:29:530:29:56

'Why didn't the faulty ESP switch fitted to certain VW models

0:29:560:30:00

'qualify for a recall?'

0:30:000:30:02

Generally where the ESP warning light comes on,

0:30:020:30:04

the vehicle can be driven safely to a garage,

0:30:040:30:06

to have the defect checked out.

0:30:060:30:07

The ESP that's fitted to the majority of vehicles

0:30:070:30:10

is something which can be switched on and off,

0:30:100:30:13

optionally, by the driver.

0:30:130:30:14

So we don't view that as a serious or imminent defect

0:30:140:30:18

that warrants a recall.

0:30:180:30:21

'So, recalls happen with serious safety issues,

0:30:210:30:23

'where there is a serious threat to life and limb.

0:30:230:30:27

'And that isn't the case with the VW ESP fault.

0:30:270:30:30

'Well, that answers Tina's questions

0:30:300:30:33

'about why VW haven't recalled the cars.

0:30:330:30:35

'Talking about VW, time I got back on their case.'

0:30:350:30:38

I sent an e-mail to VW five days ago,

0:30:380:30:40

with some pretty hard questions on it.

0:30:400:30:42

I want the answers, but I haven't had them yet.

0:30:420:30:44

So now I'm going to ring them,

0:30:440:30:46

and find out what those answers are.

0:30:460:30:48

-'Hi, Dominic. It's Kate.'

-Hello, Kate. Thanks for taking my call.

0:30:500:30:54

The e-mail that I sent five days ago,

0:30:540:30:56

I've obviously got some quite important questions there.

0:30:560:30:59

'I disputed the fact that Tina, Sarah and Philip don't qualify

0:30:590:31:02

'to get their cars repaired for free.

0:31:020:31:04

'Kate says they're still investigating.'

0:31:040:31:06

I think these are points covered in the Sale of Goods Act.

0:31:060:31:10

I know that in one of the e-mails you sent back to me,

0:31:100:31:13

you mentioned the Sale of Goods Act in a way where you think

0:31:130:31:16

you've responded to these in line with that.

0:31:160:31:18

I'd like to actually dispute that. I don't think you have.

0:31:180:31:22

'They've admitted a censor switch is faulty.

0:31:220:31:24

'So, unless they've got a misprinted version of the Sale of Goods Act,

0:31:240:31:28

'it's case closed.'

0:31:280:31:30

Is there somebody there, whether it's you or whoever,

0:31:300:31:32

who could give me VW's opinion of what the Sale of Goods Act is.

0:31:320:31:36

'Kate now says they need to seek advice from their legal team.'

0:31:360:31:39

Cheerio. Bye-bye.

0:31:390:31:41

Ooh, that was an upper cut from me!

0:31:410:31:44

And a right hook, as well.

0:31:440:31:45

I basically said to her, "Look,

0:31:450:31:47

"I think this is coming under Sale of Goods Act".

0:31:470:31:49

That is the statutory law. That's people's right.

0:31:490:31:52

I feel quite strong about that.

0:31:520:31:53

But, just as I think I'm on the home strait,

0:31:530:31:56

VW put another spoke in the wheel.

0:31:560:31:59

Right, so, for people like that, there's no guarantee at the moment

0:31:590:32:02

that they're going to be covered.

0:32:020:32:04

People say knowledge is power.

0:32:100:32:12

When it comes to fighting for your consumer rights,

0:32:120:32:14

the more you have, the better equipped you'll be.

0:32:140:32:17

Well, I've found some industry insiders

0:32:170:32:20

prepared to spill the beans on the dirty tricks of their trade.

0:32:200:32:22

So, listen up.

0:32:220:32:24

Their advice could save you an awful lot of grief.

0:32:240:32:27

'Today, we're taking a peak into the fabulous world

0:32:310:32:36

'of interior design.

0:32:360:32:37

'When it comes to giving your house a make over,

0:32:370:32:39

'many seek the advice of a professional designer,

0:32:390:32:42

'to get that sleek, stylish, show home look.

0:32:420:32:46

'And, whilst many designers come up with the goods,

0:32:460:32:49

'there are dodgy designs, plagiarised plans,

0:32:490:32:52

'and smooth operators that are more 'rogue' than 'in vogue'.

0:32:520:32:55

'We've got on board an interior designer insider,

0:32:580:33:01

'with over 30 years' experience.

0:33:010:33:04

'She's agreed to lift the veil on industry chancers

0:33:040:33:07

'that, for years, have been swept under the carpet.

0:33:070:33:10

'So, we've hidden her identity,

0:33:100:33:13

'and with the picture she paints, you'll soon understand why.'

0:33:130:33:16

I find it very annoying that bad designers operate,

0:33:190:33:23

because it gives the profession a bad name.

0:33:230:33:27

I don't think that it's in anyone's interests

0:33:270:33:30

for a designer to go along

0:33:300:33:32

and takes somebody's money,

0:33:320:33:34

and just damage their home.

0:33:340:33:37

'In the colourful world of interiors,

0:33:370:33:40

'how do you tell a decent designer from a disastrous one?'

0:33:400:33:43

Professional interior designers call the ladies, and gentlemen,

0:33:460:33:50

that are unqualified,

0:33:500:33:52

"cushion flappers", or "dolly decorators"

0:33:520:33:55

A professional designer

0:33:550:33:58

should provide a brief solution,

0:33:580:33:59

and a methodology of how you get to that solution.

0:33:590:34:04

And a truly-qualified interior designer

0:34:040:34:08

will not be a person to spend your money.

0:34:080:34:11

They'll be a person who helps to save you money.

0:34:110:34:13

They might come into your home and say,

0:34:130:34:14

"You don't need to remove that piece of furniture".

0:34:140:34:18

So, it's reconfiguring space, and finding solutions.

0:34:180:34:22

The general type of rogue interior designer

0:34:220:34:26

is somebody who doesn't complete a problem.

0:34:260:34:29

Somebody who just walks away from it,

0:34:290:34:31

and leaves all of the other professions

0:34:310:34:35

that have been included in the project to resolve themselves.

0:34:350:34:39

'What horror stories does our designer insider have for us?'

0:34:390:34:43

The worst example is a £10,000 fee,

0:34:430:34:47

paid to a designer

0:34:470:34:50

to reconfigure and design the interior of a house.

0:34:500:34:55

Staircase didn't conform to building regulations.

0:34:550:34:59

The kitchen had sockets

0:34:590:35:02

and taps placed so close to each other,

0:35:020:35:05

they didn't allow the distance that building regulations require.

0:35:050:35:09

And the home owner's left with a house that they couldn't sell,

0:35:090:35:13

because it didn't have the certificates,

0:35:130:35:16

and a complete disaster.

0:35:160:35:18

'And if the work does pass building regs,

0:35:180:35:20

'what typical designer bodges

0:35:200:35:22

'have clients been forced to live with?'

0:35:220:35:25

Could be something very simple, like hinging a door on the wrong side,

0:35:250:35:29

so that you walk onto a staircase,

0:35:290:35:32

or that lights are installed in the wrong locations.

0:35:320:35:37

The light switches are on the wrong spot.

0:35:370:35:39

You have to walk in a room and put up your hands all over the walls

0:35:390:35:42

before you find the light switch, rather than the right heights.

0:35:420:35:46

What I would call very basic, simple things,

0:35:460:35:50

and the home owner ends up having paid for that service,

0:35:500:35:53

and doesn't end up with a better interior.

0:35:530:35:56

'We've heard the horror.

0:35:560:35:57

'Now, how do you stop yourself falling victim

0:35:570:36:00

'to a dubious designer?

0:36:000:36:02

'Here's my insider's tips.

0:36:020:36:05

'Before talking to designers, do your sums.'

0:36:070:36:12

I think the first thing the consumer should define

0:36:120:36:16

is what their budget is.

0:36:160:36:18

And how much money they will not exceed.

0:36:180:36:21

'Set yourself goals.'

0:36:210:36:24

Find a brief, and actually lay out what you want.

0:36:240:36:28

Not necessarily what you want the designer to do,

0:36:280:36:30

but what you want to have achieved when they've left.

0:36:300:36:33

'Before agreeing to take on a designer, do your homework.'

0:36:330:36:37

Definitely take recommendations,

0:36:370:36:40

so that you can actually see, from your friends and from other works,

0:36:400:36:44

who's been working in your area.

0:36:440:36:46

You should look at what different organisations they belong to,

0:36:460:36:50

that actually register and regulate them.

0:36:500:36:52

Then look into who regulates that organisation.

0:36:520:36:55

The ones to look for are the not-for-profit, or Government-backed.

0:36:550:36:59

'Be proactive, and go compare.'

0:36:590:37:02

I would always recommend that you ask for a project rate,

0:37:030:37:07

an hourly rate, and a day rate.

0:37:070:37:10

You would know, by measuring at least three designers,

0:37:100:37:14

exactly where you think is giving you the correct service,

0:37:140:37:18

for the correct sum.

0:37:180:37:20

'Over the past few weeks, I've been battling with Volkswagen,

0:37:240:37:27

'on behalf of three very unhappy customers.

0:37:270:37:31

'They thought their hard-earned cash had paid for solid, reliable cars,

0:37:310:37:35

'with state-of-the-art safety features from a company

0:37:350:37:38

'with exemplary customer service.'

0:37:380:37:39

We trusted the brand. They were reliable,

0:37:390:37:43

and they're meant to be good customer care.

0:37:430:37:45

'But when a warning sign on their dashboards

0:37:450:37:47

'lights up like a Christmas tree, they were told by VW

0:37:470:37:50

'that, because their cars were just outside the warranty,

0:37:500:37:53

'they'd have to pay up for the repairs.'

0:37:530:37:55

I'd actually quite like to have a new part in the car,

0:37:570:38:00

to make me feel 100% sure that it's roadworthy, really.

0:38:000:38:04

'VW have taken me on quite a journey.

0:38:040:38:07

'First, saying they would fix all cars newer than 2005 for free,

0:38:070:38:11

'then did a U-turn,

0:38:110:38:13

'and said it depended on the age and mileage of the vehicle.

0:38:130:38:17

'But, despite admitting that the ESP problem

0:38:170:38:19

'is caused by a faulty switch,

0:38:190:38:21

'VW don't think it's covered by the Sale of Goods Act.

0:38:210:38:24

'But I wholeheartedly disagree,

0:38:240:38:26

'so I've asked them for an explanation.

0:38:260:38:29

'But they've been skirting around the issue.'

0:38:290:38:32

I tell you what.

0:38:320:38:33

An e-mail literally just arrived, from one of the bosses.

0:38:330:38:37

'Now, they still haven't given me their interpretation

0:38:370:38:39

'of the Sale Of Goods Act,

0:38:390:38:41

'but they have outlined their final response.

0:38:410:38:44

'But first, I want to confirm

0:38:440:38:46

'their revised UK policy on the fault.'

0:38:460:38:48

Could you just give me a breakdown of exactly what you've decided now?

0:38:480:38:52

'We're going to treat customers on a case-by-case basis.

0:38:520:38:58

'We can't know everything about the history of every vehicle,

0:38:580:39:02

'straightaway.'

0:39:020:39:04

Right. So, for people like that, there's no guarantee

0:39:040:39:07

at the moment they will be covered.

0:39:070:39:08

But you'll also look at them, and bear these facts in mind?

0:39:080:39:11

'That's right, yes.

0:39:110:39:13

'We're a bit reticent to set a precedent

0:39:130:39:16

'which could have repercussions

0:39:160:39:19

'with other cases.'

0:39:190:39:21

'Mm. This isn't looking good.

0:39:210:39:23

'I still believe they're legally obliged to deal with this

0:39:230:39:25

'under the Sale of Goods Act.

0:39:250:39:28

'But let's see what Paul has to say

0:39:280:39:30

'about Tina, Sarah, and Philip's case.'

0:39:300:39:32

Some of these having been going on now for, give or take,

0:39:320:39:35

18 months.

0:39:350:39:38

What about something as a token from VW to these customers?

0:39:380:39:42

I look forward to hearing from you.

0:39:450:39:47

-'OK, Dominic. Thank you very much.'

-Thanks, Paul.

-'Bye-bye.'

0:39:470:39:50

'So, the finishing line is in sight.

0:39:520:39:55

'But will it be champagne on the podium?

0:39:550:39:57

'First up, time to pay a visit to the two VW drivers in Yorkshire.'

0:39:570:40:02

Hello again, ladies.

0:40:020:40:04

Right. Got some news for you, from VW.

0:40:040:40:08

What are you expecting?

0:40:080:40:09

Bad news.

0:40:090:40:11

OK. What about you, Tina?

0:40:110:40:14

-Declining helping us.

-OK.

0:40:140:40:16

You're going to get a full refund.

0:40:160:40:17

You're going to get all your work done, at no cost to you whatsoever.

0:40:170:40:21

BOTH: Fantastic!

0:40:210:40:23

-Brilliant!

-You're a star.

0:40:230:40:25

You weren't expecting that, was you?

0:40:250:40:26

No!

0:40:260:40:28

'So, that's an £813 refund for Tina,

0:40:280:40:31

'and VW are paying to fix Sarah's car.

0:40:310:40:34

'Now, remember Philip, from Reading,

0:40:340:40:35

'the other VW owner I've been battling for?

0:40:350:40:38

'He couldn't make it here today,

0:40:380:40:40

'so I'm going to give him a call.'

0:40:400:40:43

Philip, it's Dominic, from Don't Get Done, Get Dom.

0:40:430:40:45

Hello, Dom.

0:40:450:40:47

Hi, there. You're out of pocket now, of course,

0:40:470:40:49

to the tune of £485, aren't you?

0:40:490:40:52

Yeah, that's correct.

0:40:520:40:53

Well, VW now are going to reimburse that to you.

0:40:530:40:56

They are going to send you a cheque for that money.

0:40:560:40:59

-That's a really good outcome. Thanks very much.

-Bye-bye.

0:40:590:41:03

'Philip's getting a full refund. That's three happy customers.

0:41:030:41:09

'VW told me that...'

0:41:090:41:11

'But that they...'

0:41:210:41:23

Now, as I always do, I say,

0:41:320:41:34

"How about some compensation

0:41:340:41:36

for these people and all their inconvenience?"

0:41:360:41:39

This is what VW have come back with, and it's a first for me.

0:41:390:41:42

"In addition, I would like to offer, on behalf of Volkswagen UK,

0:41:420:41:47

"the opportunity for your customers to meet

0:41:470:41:49

"our Head of Customer Service and Aftersales,

0:41:490:41:52

"Stephen Butt,

0:41:520:41:53

"to provide them with a chance to discuss

0:41:530:41:56

"their experiences with their cars.

0:41:560:41:58

"It could take the form of a lunch, or dinner."

0:41:580:42:00

What do you think of that suggestion?

0:42:000:42:02

-I think it's great.

-I'm happy to meet with them.

0:42:020:42:06

But, I said, "What about everybody else?"

0:42:060:42:08

He said they will look at each case individually,

0:42:080:42:12

on its merits, but sympathetically.

0:42:120:42:14

So, I've got a feeling we have turned a very big corner here.

0:42:140:42:18

You've got your money coming back. You will get your car sorted out.

0:42:180:42:21

Hopefully, no-one else will end up with this experience.

0:42:210:42:24

-So how's that, then?

-Great!

-Fantastic!

0:42:240:42:26

-Good news?

-BOTH: Yes!

0:42:260:42:28

I feel so excited, really happy.

0:42:290:42:31

Thanks to Dom for getting such a good result.

0:42:310:42:34

Now I'll be able to drive my car and not worry about it, so I'm excited.

0:42:340:42:39

Having nearly £500 back is an added bonus.

0:42:390:42:43

Feels great to have a car that's back, and the situation addressed.

0:42:430:42:46

I'm absolutely ecstatic.

0:42:460:42:48

We've finally won and done justice for the people.

0:42:480:42:52

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