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Showing content with the highest reputation on 04/16/18 in Posts
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3 pointsLadies and Gents, below is a response letter to a severe case of "buyer response" who threatened all sorts, I didn't hear another word from him after this letter. It would be interesting if you have anything similar or great complaint letter replies to share..... Dear Without prejudice, on the 23/12/17 you purchased BMW 535D registration xxxxxxx a 13 year old vehicle with an accumulated mileage of 120599 miles for the total price of £4000, in return I purchased your car for £5000. The quality of the vehicle is to be viewed commensurate with its age mileage and price paid pursuant to section 9(2) of the Consumer Rights Act 2015. You were provided with ample opportunity to view and inspect the vehicle at the time of purchase, which you did to your full satisfaction. The car had been fully MOT’d by Coopers BMW Main Dealer just 335 miles prior to your purchase, it was given a complete bill of good health apart from the advisories which were pointed out to you. You were also made fully aware that the car required a major service as explained in the video and to you personally. You acknowledged the car required a major service and further maintenance pursuant with its age and mileage. Having carried out the required recorded pre-sale checks, including an independent PDI check which you have counter-signed, I am confident the car was of a satisfactory quality and fit for purpose at that point of sale and as such fully conformed with the statute of contract. You also acknowledged over the phone you really loved the car and the apparent suspension error message was as suspected a sensor failure for which I agreed to pay. You subsequently contacted me following the Christmas break to say your wife had thrown you out because she knew nothing of the purchase and she thought the car was a monstrosity and hated it. You acknowledged in writing that you would be willing to pay for any inconvenience caused and administration costs. I advised “buyer remorse” is not a reason to return, however I would be willing to accept it back as a Part Exchange and give you a reduction on the price of your car following its preparation for retail and once the registration documents had been received from the DVSA. It was at that point, both your wife and mother-in-law became aggressive and offensive to the point I had to put the phone down. I advised you I would help you but not deal with aggressive third parties. Following the meeting with Trading Standards on the 10th January I can advise you your complaint was not only unreasonable it was untruthful. There are two sides to every story and once I had told them the truth and given them the full facts they agreed I had fulfilled all of my responsibilities as a seller, they even advised me on how to deal with you and made me aware that I can equally complain to them about abusive phone calls and threats. In response to your letter dated 3rd January, I do not accept your claim to reject nor do I accept any admission of liability. You accepted the car knowing full well it was your responsibility for the expense of a major service and future maintenance and repair. Your purchase receipt forms part of the contract and you have signed and agreed to return the vehicle for inspection in the event of a claimed statutory repair or rejection. If you wish to return it for a statutory inspection, please call to arrange an appointment within 14 days. I will however remind you “wear n tear” and expected general maintenance is specifically excluded from the Consumer Rights Act 2015. I trust the above clarifies my position in the matter. Yours sincerely
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1 pointHere's another....... Dear Without prejudice. On the 04/08/17 you purchased Nissan registration xxxxxx a 10 year old vehicle with an accumulated mileage of 105322 miles for the total price of £5790. The quality of the vehicle is to be viewed commensurate with its age mileage and price paid pursuant to section 9(2) of the Consumer Rights Act 2015. You were provided with ample opportunity to view and inspect the vehicle at the time of purchase, which you did to your full satisfaction. The car had been freshly MOT’d which included all the advisories. The car was prepared to an exceptional mechanical condition, over and above the required standard by the DVSA. Having carried out the required recorded pre-sale checks, including an independent PDI check which you have counter-signed. I am confident the car was of a satisfactory quality and fit for purpose at that point of sale and as such fully conformed with the statute of contract. The purchase invoice states clearly that you agree to return the car in the event of a Statutory Repair, you signed and agreed to this. In response to your letter dated 28th January, I can confirm that I asked you to return it to me following your garage’s accusation stating the head gasket had failed. I said as a gesture of goodwill I would have the vehicle inspected and repaired if it was my responsibility under the CRA 2015. After discussion with the independent specialist who PDI’d the car, they took it upon themselves to collect it and fully re-inspect it at their own cost. Absolutely no fault was found and your mother collected it without issue. I can confirm after taking legal advice, I do not accept your claim nor do I accept any liability. I remind you that the car is seven years past the period Nissan themselves would be prepared to give a warranty. “Wear n tear” and expected general maintenance is specifically excluded from the CRA 2015. It is your responsibility to take ownership for the maintenance and repairs to your vehicle. In addition, I attach a copy of a vehicle “Government Vehicle Tax Check” showing that following your purchase on the 4th August you did not tax the car prior to driving off, this is an offence. The fact is the car was not taxed until September, meaning yourself and your mother were driving it illegally, untaxed and therefore uninsured on the road. I more than prepared and willing to defend myself legally in this matter and if necessary advise the Judge / Magistrate of the above. I trust the above clarifies my position in the matter. Yours sincerely
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1 pointTwerp, What do you mean "how do I get away with it " & "Get away with what* ? I'm a lawgistics member, they are my big brother when and if needed. This was another buyer remorse case, there was absolutely nothing wrong with the car, it was a complete fabrication to try and get out out of the purchase.
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1 point
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1 pointNo problem. Lawgistics https://www.ebay.co.uk/usr/lawgistics_uk?_trksid=p2053788.m1543.l2754
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1 pointThe problem here is the OP hasn't done any checks prior to selling the car. That is totally irresponsible in my book, if you are going to do this job do it right, because those who don't give us all a very bad name.
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1 pointeach to there own but i really dont see the need for the get on your high horse attitude, the name of the game is to sell cars ? I just put up with there jibberish and sell the car, i have faith in my stock so couldnt care less what the halfords wana be mechanic says it will be a good car and the customer will be happy.
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1 pointPersonally I wouldn't be having it back unless its got something seriously wrong with it, its 12 years old FFS. As others have said, get the thing in a workshop and see whats wrong with it before offering a refund.
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1 pointI wouldn't mind a mechanic coming, he'd be hard pushed to find much wrong with my stock. The DIY/Amateur mechanic can fuck off though. In such a situation I'd be upfront in asking him; "Are you a qualified mechanic sir?" "erm, no but I know my way around a car" "yes, so does my qualified mechanic and the tester who on behalf of VOSA has assessed this car to be 100% roadworthy" "Well, they don't cover things like gearboxes and clutches do they?" "No sir but my warranty does (Turn to buyer) I do appreciate you have said you don't know anything about cars but without wishing to cause offence, your friend possibly doesn't know anything either so with all due respect, I won't be spending the next hour of my life listening to a non qualified person tell me what's wrong with this car when I've had a qualified person tell me that nothing is wrong with it. If the 12 months MOT, service history and PDI doesn't convince you this car is in a condition commensurate with it's age and mileage but a non qualified person does then perhaps you might not be best placed to consider a used car as your next purchase"
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1 pointGood confident answer, and well done for standing strong. Manufacturers MPG is only ever for comparison anyway
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1 pointDid get 'rusty bullet holes ' into a conversation with an old dear customer many years ago with the excuse it was 'trade talk' for stone chips on the part ex.
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1 pointFinding the defendant guilty,in his summing up,Judge Arfur Dealy said.......
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1 pointWithout completing a new Mot and a signed PDI stating clearly the car must be returned for a “statutory” repair or rejection, you have left yourself completely vulnerable. He doesn’t even need to return it to you. You have no proof the fault wasn’t there at all the point of sale and you have no defence. Since the CRA 2015 it is absolutely essential to cover yourself with a new MOT and get a signed PDI with the correct terms. It might well be buyer remorse or age related wear n tear, but without you completing the correct pre-sales checks you don’t have a leg to stand on.
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1 pointHere! Here! Well done. It’s good to see someone standing by their deals & expecting the customer to do the same. F*** him, if the punter wanted more MPG for short runs he shouldn’t of bought a petrol auto estate. How refreshing after all of the ‘refunding’ nonsense many on this forum seem to think is the correct course of action - too many on here need a spine transplant for the rubber snake they obviously currently have.