Arfur Dealy

Ladies 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

The 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.

There is no right or wrong so don’t be hard on yourself What’s good for you may not be for me. My approach is admittedly controversial but as soon as you ask for a deposit which is (fully refundable) if not as described.... you’ll hear their reasons to buy or the usual excuses. You are calling their bluff. I have absolutely no tolerance for time wasters. Genuine buyers only.

I completely sympathise. You either stay professional or tell him to leave. Me, I would of told him in no uncertain terms to be friendly or leave and that would have been within the first few minutes. I have no patience for idiots. This is one of the many reasons why I only appoint customers who have paid £100 upfront deposit. When they refuse, they tell you why, I’m waiting for the money, I haven’t sold my car yet, I’m just looking, I have 22 others I need to view first, I’m recovering from a lobotomy blah blah ...

LIKE

Without 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.

Absolutely agree, very good cars, just beware of the clutch otherwise bulletproof. I tend to get good PX's with them aswell

Exactly

Welcome Chris. Sorry to hear of the theft. Whether you make a claim or not, it would still be your responsibility to advise your insurance company of the theft at renewal. Claim for it.

I’m not saying you need to use EMP. You are advertising on a personal account, as a business you need a business account. http://pages.ebay.co.uk/help/sell/business/contextual/businessaccount.html

And the “Trade Sale” aspect doesn’t set a good example. You can’t have contradictory advertising, 12 months mot, drives great blah blah Trade Sale. It’s just wrong and sets a bad example. Also, the eBay advert isn’t on a business account. It needs to be on a business account.

They look very pointy to me........

Mark, are those pointy shoes you are wearing An hours mop and a bit of touching in would do it wonders... I would mop it, touch it the marks and re-video it with a positive but honest sales pitch.

I don't want to dampen the moment, but I hope your bank will accept a cheque made payable to Mr Mark..............

Just noticed EMP have changed my mobile telephone number to a landline number, I don't have a landline....... Check your adverts....

Mark, it’s pointless trying to sell it “Trade Only” Because the trade wouldn’t pay anywhere near that price. You are asking for trouble legally, imo it’s the wrong route to sale. You are emphasising all the negatives about the car, sell it on a positive note with a few blemishes priced according....

About £500 for a LUK clutch and DMF + fitting.

Research The roof, it is so badly designed it leaks continuously. Boomerang car.

I’ve has one Eos, never again,.....,,,

Mark, I use the gov site http://carfueldata.dft.gov.uk/new-vehicle-tax.aspx

Hi Simon, Welcome, you’ll get upfront unbiased help here. We are a friendly bunch always here to help. Cheers Simon

LIKE Yes https://www.cardealer5.co.uk/faqs.php

LIKE

Hi Stephen, it looks cheap cheap, check the business usage and terms very very carefully........ Call the local council business rates department and explain with honesty your intention for the site, they will then tell you if your "intent" of use is acceptable Too add, get a name and email confirmation

the old AT forum had one. I agree, it should be balanced