On 1st September 2003 we purchased a Mazda Tribute 2.0 Gsi from Colliers Mazda in Erdington. Within 24 hours it was noticed that the front registration plate had been fitted using self-tapping screws straight through the bumper rather than using the correct pre-tapped mounting points. This has resulted in 2 ugly and unnecessary holes in the front bumper. When the matter was pointed out we were told that we could have the holes plastic welded but that it would � not be neat and unnoticeable.� This was completely unsatisfactory as we considered the bumper to be ruined and that a replacement should have been fitted. This was just the start of problems that we had with Colliers.

At approximately 950 miles we had noticed a rumble coming from around the transmission. This was more apparent when traveling uphill slowly or when holding the car on any incline, although the noise was also present during normal driving conditions. This was also accompanied by the smell of burning rubber inside the car. It was also at this time that we noticed that the engine revs pick up and die off without reason. This made hill starts and slow controlled driving very difficult.

The car was taken back to Colliers on 6/01/04 for 2 days. Upon giving the keys to Colliers we requested that no remedial work should be carried out on the vehicle prior to us being contacted. This was agreed and Colliers signed a letter to this effect (enc.). Although we were provided with a courtesy car we had to supply our own insurance, which has never happened at any other garage that has provided us with a courtesy car.

At the time of collecting the vehicle we were told that the throttle was sticking and that this had been repaired despite our objections to repairs being carried out without our consent. We were informed that the rumbles may be a characteristic of the car and that the problem with the revs had been rectified.

After a few days we noticed that the rumble was still present and it appeared to be louder. The smell of burning rubber was still present and the revs were still irregular. Whilst driving the car, at approximately 40mph, the engine appeared to lose all power for a second or two and then suddenly went back to normal.

The car was taken back to Colliers on 13/1/04 along with a letter (enc.) outlining the situation and also detailing other faults that we had noticed. It concluded that we were requesting a refund for the vehicle as it still had not been repaired and was of an unsatisfactory standard. Mr. A. Fern (Sales Manager) refused to give a refund and said that the faults would be investigated. Mr. Fern was asked on that day to supply us with a letter confirming that he refused to refund any money and his reasons for doing so. He agreed to do this within 7 days. Again we made it perfectly clear to Colliers that no work was to be carried out on the car without our consent.

On 16/01/04 a meeting was arranged with a Mazda Technician, Mr. D. Elphick. He agreed that there was a noise in the transmission area but told us that other Tributes had the same or similar noises and that it could not be fixed. We were assured that all the other problems could be fixed after checking with a diagnostic computer. As we were extremely unhappy with the vehicle and the service that we had received, Mr. Elphick said that he would enquire with Mazda to see if the car could be changed for a different model. He said that he would contact us within a week.

By 26/01/04 we had still had no communication from Colliers servicing, Mr. Fern or Mr. Elphick. We returned to Colliers to find out what was going to be done with the car. We were appalled to find that, despite there being 2 personnel on reception for Colliers Rover, there was no one available to deal with Mazda Customers. Mr. Fern was not available to speak to us, so Howard (Mazda Workshop Manager) contacted Mr. Fern for us. We were told that Mr. Fern was waiting for a report from Mazda. At 7.00pm that day Mr. Fern telephoned us to say that he was in receipt of the Mazda report and that he would send it to us.

By 30/1/04 we still had not received any communication from Colliers or Mazda, so a message was left for Mr. Fern to contact us. On 31/1/04 another message was left for Mr. Fern, as he had not responded. Later that day Mr. Fern did call to say that the letter had been sent the previous day with � guaranteed next day delivery�. We called Mazda Customer Care to try to locate Mr. Elphick and to clarify the situation with the car. We were assured that someone would contact us on 2/02/04.

By 2/2/04 the letter still had not arrived, so we called the post office and the accounts department of Colliers to try to locate the missing letter. Neither was able to find any record of it. On calling Colliers again we spoke to Howard again who said that he would try to resolve the issue. Howard confirmed that the letter had not been sent to us and that it was still at Colliers. Howard delivered the letter personally later that day. Please read the copy of the letter and the Mazda report, which is enclosed.

On 3/02/04 we went to Colliers to inspect the vehicle and were disgusted to find that it had been scratched, dented and chipped whilst in their care. The matter was reported to them and the car left at Colliers.

On 4/4/02 we called Mazda Customer Care again as they had not been in touch as promised. A representative informed us that they were not going to replace the car or investigate further.

The Mazda report admits that the vehicle is noisy and that all Tributes suffer with the same problem. When we first went to Colliers to look at the Tribute we were given brochures with information about the car. As we often have to drive long journeys we wanted a quiet and comfortable car. The brochure (pleases see enclosed extract) states that Tributes have � Powerful, quiet running engines�. We find this statement by Mazda and Colliers to be a false and misleading description of the goods. Had we have known that the Tribute would get noisier, and that this was a characteristic of the car, then we would not have purchased it. We were misled when buying the vehicle and we have been appalled by the lack of customer care that has been given to us by both Colliers and Mazda. Colliers and Mazda�s staff have made many promises but few have been fulfilled.

The car has been at Colliers for 30 days. For 28 of these days we have had to arrange alternative transport, which has been a great inconvenience and cost. No other courtesy car was supplied to us. Meanwhile, we have still had to pay insurance and tax on a car that we were unable to use.

As the Tribute has not been repaired since 13/01/04 we consider that it still has the problems, regardless of Colliers not being able to diagnose it. We are unprepared to use the car as, if the faults are intermittent, it may cause an accident, especially if the engine dies suddenly whilst at speed as the brakes and steering could become compromised. We are not in a position to risk the safety of our family in the Tribute, or to drive a car that we consider to be unsafe. The inability of some of the Colliers and Mazda staff to reply to us promptly and honestly leaves us distressed and without faith should any other faults develop with the car in the future.

To date we find that we are still no nearer to getting the standard of goods and service that we paid for. As no other solution is apparent and that we believe that the vehicle was falsely described and in contravention of the Trade Descriptions Act 1968 and due to the condition of the vehicle it is also in breach of the Sale of Goods Act 1969 (as amended), we request either a refund or a replacement vehicle.

Please reply within 7(seven) days.

M Steele K Breeze