Carlscs
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March was tough, but we've had a good April, current count of 54 sales with 25% finance pen, against a holding stock of 65. In regards to diesels, we have seen a change in some consumers, but not enough to worry just yet. I agree with some people above that petrols are less grief, but this will be short lived as forced induction/small displacement becomes the norm. Vw's TSI can be grief, Peugeot/citroen THP engine is grief, Ford eco boost is getting bad press too. petrol is only more reliable because it's simpler, this will soon not be the case, as manufacturers focus is turning to increasing petrol efficiency as they did diesel.
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Consumer Rights Act 2015 is destroying my business
Carlscs replied to John13's topic in General Dealer Chat
PLAN OF ACTION 1) Email cf247 stating you have spoken with your legal advisors and have been advised there is no right to reject under the CRA on this matter as 1) The customer has not provided evidence that said fault was present at point of sale 2) A DPF fault would not deem the car of unsatisfactory quality. However, you are still more than happy to inspect/repair vehicle as previously offered. But if cf247 wish to proceed with the proposed rejection, you require written clarification from their legal department as to what section of the CRA they are rejecting the vehicle under. 2) Write to the customer via email or recorded delivery. Once gain offering to inspect the vehicle and act accordingly should you find a fault. I'd also explain that should he wish to proceed with rejecting the vehicle using his statutory rights, The CRA requires him to provide clear evidence that the fault was present at point of purchase. Until he provides this you are not in a position to review this case further. Also mention that you're entitled to charge his 'reasonable costs' for the time he has had the vehicle. You calculate this at 16p per mile, so he would need to return the vehicle to you along with payment of £xxx. Hence why you feel it is better for all parties involved if you could resolve this matter amicably with an inspection and a repair IF required. You are also aware that he is still driving the vehicle daily, should this cause consequential damage, you are NOT legally liable for this. 3)Log the complaint with your local trading standards. they're usually very helpful and will offer their opinion. 4) Register with lawgistics for legal support, i can;t recommend them highly enough! I doubt he will play ball, but you are now well set for a court case that you can't really lose. Knowledge is power john, and as a rule these finance companies and customers know F all!! Good luck. -
Consumer Rights Act 2015 is destroying my business
Carlscs replied to John13's topic in General Dealer Chat
John, If a consumer wants to reject after the initial 30 days, reverse burden of proof applies. This means that if they want to reject rather than repair, they MUST prove that the fault was present at a point of sale, not so easy of course. They are however, entitled to a repair, which you are willing to oblige to, so you are meeting your legal obligations. With a DPF, there is question as to whether you hold any legal obligation, 1) if it's just blocked, this is not a fault. 2) It's a serviceable item that has functioned perfectly fine for 3000 miles since you sold it. -
Consumer Rights Act 2015 is destroying my business
Carlscs replied to John13's topic in General Dealer Chat
Know the law better than anyone else and be willing to stand your ground when you know you're right. When i know i'm in the right, I'll dig my heels in so hard, Aussies can see the soles of my feet! If i'm in the wrong it doesnt get that far as i always do the right thing by my customers. The world is full of idiots and the finance companies just want a quiet life. CF24/7 being the worst!! Not much you can really do here John, she's not taken delivery. You can reasonably keep back some of her deposit for 'reasonable costs' but that's it. John, Finance companies don't want the agro, one deal to them is a drop in the ocean, so they'd rather move on. they also don't want to risk ombudsman complaints as they cost money. If you want a decent 1st string lender, i find Close MF really good on this front, they value dealers and they've had my back a few times. Motonova are no better than CF24/7 on this front in my opinion. If you can live without them, refuse to deal with CF24/7. they are mostly subprime customers with not a pot to p*** in. Hence why you get a lot of come back, because the customers can barely afford fuel, let alone maintaining a car, or they just get buyers remorse when the reality of their 30% apr kicks in!! I genuinely rarely get any issues with my prime 1st string customers, maybe 2 complaints in 7 years ( 7 to 10 finnce deals a month) But sub prime, 1 in 10 cause grief! Had a guy last month complain to CF24/7 because he felt the clutch on his 50k miles 7 year old car was half way through it's life....well duuuuhhhhhhh