Arfur Dealy

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Everything posted by Arfur Dealy

  1. And then you whisper in their ear....it went through the hall last week billowing black smoke ....
  2. Section 9(4)b is indelibly imprinted in my mind because it is a specific exclusion? it’s intent is to protect the seller. Every dealer should understand it’s importance. Now, in the above case it is pertinent because the buyer is insisting the fault was there at the point of sale..... Just my thoughts and opinion....
  3. Have a word with the wife. The CRA states very clearly the following is excluded from the CRA. Section 9 (4) b The term mentioned in subsection (1) does not cover anything which makes the quality of the goods unsatisfactory— (a)which is specifically drawn to the consumer’s attention before the contract is made, (b)where the consumer examines the goods before the contract is made, which that examination ought to reveal. If it isn’t a “distance sale” and the customer comes to your premises they have a responsibility as a buyer to show a level of due diligence. This includes checking the car for obvious faults. Now I would argue checking to make sure the fan blower and A/C would be once of the first switches to check.
  4. Thinking about it, they have been inconvenienced... They don’t want to reject, they just want a tank of diesel as a gesture of goodwill. I would oblige with a smile thanking them for being so understanding... get the car gone....
  5. None of these scoundrels will give two hoots until they are forced to take responsibility. The platform provider has to first admit there’s a huge problem with deliberate misrepresentation and then they need to set up a genuine grievance process with a backup feedback system. That’s my opinion. The shite will soon be weeded out.
  6. What a cretin. Customers are obliged to check everything and show due diligence at the point of purchase. Your PDI sheet should have an section confirming the A/C works.
  7. Yes Mark, when you put it "dynamic" mode it changes the exhaust note to a lovely burble, I keep make excuses to take it out for a thrash....
  8. I've always been a Merc man, but thought I would have a change... I've bought an Allroad BiTDI and have to say its awesome, instant power, very comfy and very refined. The question is, do I get it remapped....... ?
  9. I've had a love hate relationship with Disco 3's, I have one at the moment which I hate and it owes me more than its value..... They are money pits...
  10. Every Passat I have usually sits around for a while, I agree 2.0 TDI is more desirable and much better for towing. We all know Passat owners like to tow Caravans to their wife swap adventures
  11. Very very bad luck, normally bullet proof.
  12. Agreed, but very harsh suspension and not enough boot space. Bought an Allroad BiTDI this week as my smoker and I have to say its an awesome car.
  13. Why oh why have they adopted digital history...... It totally puts me off buying a Mercedes. Some cars have a book, some come with a print. But what if its been serviced outside the dealer network.......... Why deliberately abolish the ability to continue the provenance of a car once its left the dealer network..
  14. My own CLS350 Shooting Brake has just broken it timing chain guide and come to a grinding halt...... The first time in 30 years I have a chain / belt problem.... Apart from a golf 1.4 tsi with a stretched chain (NEVER AGAIN)
  15. Bastards. I used to have an agreement with BCA Bridgwater to keep all my stock in the far end car park. One morning about 15 of my cars had their cats cut off, Gypsies apparently and they did various Motorhome Dealers throughout In the same night... Thieving Bastards
  16. Twerp, I ask again.... What are you insinuating that I am doing wrong by saying "how do I get away with it" what exactly am I getting away with ?
  17. Its a long story..... 100% Buyer remorse, she told me a week after buying the car she didn't want it and would I reverse the deal, I declined. She then made every excuse to try and get out of it.... She wrote to me claiming her garage had said the head gasket was failing and she wanted a refund, I told her to return it to me (as per the contract) and I would investigate and repair as necessary. She refused to return the car. I told my PDI's garage that I had a complaint of a head gasket failure and they went and collected the car themselves for their own clarity. There was absolutely nothing wrong with the car. After further investigation and speaking to her "garage" they completely denied saying they had told her there was a fault. They also said she was a nightmare customer. It was all a big fat lie......
  18. Merc W210 E320 CDI’s used to be my bread and butter, until they all started to disintegrate.
  19. Twerp. I sell older high mileage cars which have been prepared to a very high standard, all freshly mot’d serviced and independently inspected. Im honest, upfront and do the job right. That is my value. What I don’t do, is maintain the car for them, that is their responsibility. Sometimes customers need to be reminded to take ownership and responsibility. If you are saying adding value is maintaining the car for the customer, then you are absolutely right, I certainly DO NOT add value.
  20. Twerp, 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.
  21. It was essentially a controlling mother in law which spat her dummy out, she tried to bully me into a rejection. Dealing with these morons is part of the job, I'm thick skinned so its water off a ducks back now.....
  22. Here'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
  23. No problem. Lawgistics https://www.ebay.co.uk/usr/lawgistics_uk?_trksid=p2053788.m1543.l2754