What should we do?

[R and K Autohouse 3]

Hello guys, just wanted to get advice on one issue i have here, basically customer bought Audi S5 from us over 10 month ago and he purchased 6 month warranty with RAC which he specifically requested.Two Month later after he purchased the car there was a problem with Sound System which we said that we will fix as RAC said that they not covering that, we took amplifier down to a specialists fixed it and returned it back to him, no problem. Ten Month now gone from the day of his purchase and i get a call from him saying that he had 12 month warranty with RAC and he rang them and they said that he wasn't even on the warranty which is a lie as ive checked RAC paperwork and rang them if they had history of this customer and they confirmed that he was on the system but his warranty was for 6 month and not 12 month as he stated. Now this customer asking for his money back as he is having trouble with the car. Any advice would be appreciative

Thanks

[EPV 631]

3 minutes ago, R and K Autohouse said:

Hello guys, just wanted to get advice on one issue i have here, basically customer bought Audi S5 from us over 10 month ago and he purchased 6 month warranty with RAC which he specifically requested.Two Month later after he purchased the car there was a problem with Sound System which we said that we will fix as RAC said that they not covering that, we took amplifier down to a specialists fixed it and returned it back to him, no problem. Ten Month now gone from the day of his purchase and i get a call from him saying that he had 12 month warranty with RAC and he rang them and they said that he wasn't even on the warranty which is a lie as ive checked RAC paperwork and rang them if they had history of this customer and they confirmed that he was on the system but his warranty was for 6 month and not 12 month as he stated. Now this customer asking for his money back as he is having trouble with the car. Any advice would be appreciative

Thanks

is the issue he is having now different to the issue which was fixed?

[R and K Autohouse 3]

@EPV yes it is different

[trade vet 703]

Did he not sign for his warranty,get a copy from RAC.Also,if he paid for the warranty,was that not included on your sales invoice.

[justina3 518]

What is the fault he is having now 

[R and K Autohouse 3]

@trade vet yes he signed his warranty and he did get a copy of RAC, the reason i remember that because i have send him the copy to his email. It was also written on his invoice that he has 6 month warranty. The question that i have now, whats my rights that i have at this point? Can i reject him, or do i need to give him money back? Because it has almost been a year since he had the car

[trade vet 703]

47 minutes ago, R and K Autohouse said:

@trade vet yes he signed his warranty and he did get a copy of RAC, the reason i remember that because i have send him the copy to his email. It was also written on his invoice that he has 6 month warranty. The question that i have now, whats my rights that i have at this point? Can i reject him, or do i need to give him money back? Because it has almost been a year since he had the car

Ask him for an explanation as to why he is claiming for a 12month warranty,when his documentation clearly states he has 6 .Ask him to refer to his warranty booklet.If he is still unhappy,refer him to your local trading standards department .

[BHM 994]

Here’s what to say;

”Hello Mr. XXXXX, Sorry but you are mistaken, the warranty was for 6 months, it’s on your paperwork. I’m afraid I cannot help you, it’s your car & you are responsible for it. Thanks & goodbye” 

The end.

[Earunder 69]

Chancer.  From what you have said, don't be concerned he has no right for refusal in this circumstance.  It's upto you how you deal with it, but I feel he's going to be awkward... Demanding a refund after 10 months... Seriously, how did you keep a straight face?

He's trying his luck.  If you're not legally clued up you should sign up with Lawgistics as I've heard glowing report about them.  Posting this on an open forum asking for advice is NOT the greatest of ideas.  This time I'd advise you to get in contact with either the FSB (Federation of Small Businesses) or Lawgistics.  Over the next few months, treat this as you're first legal stand point and start reading up on the CRA, DSR and Sales of Good Acts.  They are you're friend and bible and you should know this stuff.

[EPV 631]

2 hours ago, BHM said:

Here’s what to say;

”Hello Mr. XXXXX, Sorry but you are mistaken, the warranty was for 6 months, it’s on your paperwork. I’m afraid I cannot help you, it’s your car & you are responsible for it. Thanks & goodbye” 

The end.

+1

[GreenGiant 287]

1 hour ago, Earunder said:

Chancer.  From what you have said, don't be concerned he has no right for refusal in this circumstance.  It's upto you how you deal with it, but I feel he's going to be awkward... Demanding a refund after 10 months... Seriously, how did you keep a straight face?

He's trying his luck.  If you're not legally clued up you should sign up with Lawgistics as I've heard glowing report about them.  Posting this on an open forum asking for advice is NOT the greatest of ideas.  This time I'd advise you to get in contact with either the FSB (Federation of Small Businesses) or Lawgistics.  Over the next few months, treat this as you're first legal stand point and start reading up on the CRA, DSR and Sales of Good Acts.  They are you're friend and bible and you should know this stuff.

+1

Really guys, its the CRA2015 - I find it amazing that we're still asking questions about this. There is no excuse for not knowing how it works by now.

 

First 30 days - customer has to prove the fault existed at time of delivery AND to be entitled to the Consumer Rights Act remedies, the fault must render the vehicle not of satisfactory quality, not fit for purpose or not as described.

Day 31 - 6 months - you have to prove the fault didn't exist.

Moral of the story: Get your paperwork right or face the consequences.

[EPV 631]

3 minutes ago, GreenGiant said:

+1

Really guys, its the CRA2015 - I find it amazing that we're still asking questions about this. There is no excuse for not knowing how it works by now.

 

First 30 days - customer has to prove the fault existed at time of delivery AND to be entitled to the Consumer Rights Act remedies, the fault must render the vehicle not of satisfactory quality, not fit for purpose or not as described.

Day 31 - 6 months - you have to prove the fault didn't exist.

Moral of the story: Get your paperwork right or face the consequences.

+1. Concise and to the point.

[MSP Motors 39]

6 minutes ago, GreenGiant said:

+1

Really guys, its the CRA2015 - I find it amazing that we're still asking questions about this. There is no excuse for not knowing how it works by now.

 

First 30 days - customer has to prove the fault existed at time of delivery AND to be entitled to the Consumer Rights Act remedies, the fault must render the vehicle not of satisfactory quality, not fit for purpose or not as described.

Day 31 - 6 months - you have to prove the fault didn't exist.

Moral of the story: Get your paperwork right or face the consequences.

Completely spot on..... Just I don't believe a pdi is proof that many faults weren't present at the time of purchase. It will help with a starter motor issue, but if a customer has a problem with a blocked dpf that renders the car undrivable within the first 30 days, I highly doubt that any judge in the land with side with a car dealer because he did a pdi before he purchased. 

 

[Arfur Dealy 823]

1 hour ago, MSP Motors said:

Completely spot on..... Just I don't believe a pdi is proof that many faults weren't present at the time of purchase. It will help with a starter motor issue, but if a customer has a problem with a blocked dpf that renders the car undrivable within the first 30 days, I highly doubt that any judge in the land with side with a car dealer because he did a pdi before he purchased. 

 

The PDI, new Mot, service etc shows you are a responsible seller and that you prepared the car professionally for retail. It doesnt completely absolve you from taking ownership for a “not fit for purpose claim”  it just makes it more difficult for the chancers to try screw you.....

This job is all about doing your job right, protecting yourself and knowing when to stand your ground or bend. It’s all about protecting your business and looking after your genuine customers. 

 

[Arfur Dealy 823]

12 hours ago, GreenGiant said:

+1

Really guys, its the CRA2015 - I find it amazing that we're still asking questions about this. There is no excuse for not knowing how it works by now.

 

First 30 days - customer has to prove the fault existed at time of delivery AND to be entitled to the Consumer Rights Act remedies, the fault must render the vehicle not of satisfactory quality, not fit for purpose or not as described.

Day 31 - 6 months - you have to prove the fault didn't exist.

Moral of the story: Get your paperwork right or face the consequences.

100% best advice. Get your paperwork correct and cover your ass. 

[BHM 994]

57 minutes ago, Arfur Dealy said:

100% best advice. Get your paperwork correct and cover your ass. 

Sorry but I’m going to sound argumentative here but this job is about two things - the CARS  & the PUNTERS - and if either one of them is shite then you’ve potential for a problem. To my mind the paperwork is just a side show.

Yes, if you want the best defence on the very rare occasion you may be taken to court then make sure you’ve done as much paperwork as possible. 

This forum seems to be half full of traders thinking getting dragged to court would be a regular occurrence without a paperwork trail. It’s not. Simply get your cars right, don’t promise the earth & chase away the arsehole punters and your business should be fine.

Just my two penneth worth & I know many will disagree.

[EPV 631]

1 hour ago, BHM said:

Sorry but I’m going to sound argumentative here but this job is about two things - the CARS  & the PUNTERS - and if either one of them is shite then you’ve potential for a problem. To my mind the paperwork is just a side show.

Yes, if you want the best defence on the very rare occasion you may be taken to court then make sure you’ve done as much paperwork as possible. 

This forum seems to be half full of traders thinking getting dragged to court would be a regular occurrence without a paperwork trail. It’s not. Simply get your cars right, don’t promise the earth & chase away the arsehole punters and your business should be fine.

Just my two penneth worth & I know many will disagree.

It’s not about being dragged to court mate  it’s about knowing our rights and knowing when we can refuse a customer certain things they aren’t entitled to? 

[mike101 8]

1 hour ago, BHM said:

Sorry but I’m going to sound argumentative here but this job is about two things - the CARS  & the PUNTERS - and if either one of them is shite then you’ve potential for a problem. To my mind the paperwork is just a side show.

Yes, if you want the best defence on the very rare occasion you may be taken to court then make sure you’ve done as much paperwork as possible. 

This forum seems to be half full of traders thinking getting dragged to court would be a regular occurrence without a paperwork trail. It’s not. Simply get your cars right, don’t promise the earth & chase away the arsehole punters and your business should be fine.

Just my two penneth worth & I know many will disagree.

I agree - the game is putting the right person in the right car. Some cars are wrong and so are some people! It’s an art sometimes aligning the two and only experience teaches you. However we all still get it wrong on occasion! It’s just the balance of how many you get right and being prepared to not take it personally when it goes wrong (very hard!). 

For me going to court isn’t an option - reputation is everything. You have to swallow some bitter pills in this trade on occasion. What you need to have is the margins to write off a certain amount each year as a cost of doing business.

I do find it amusing that us dealers are judged by the inherent faults that a machine built within tolerances has. There is no other profession like it! 

[trade vet 703]

1 hour ago, BHM said:

Sorry but I’m going to sound argumentative here but this job is about two things - the CARS  & the PUNTERS - and if either one of them is shite then you’ve potential for a problem. To my mind the paperwork is just a side show.

Yes, if you want the best defence on the very rare occasion you may be taken to court then make sure you’ve done as much paperwork as possible. 

This forum seems to be half full of traders thinking getting dragged to court would be a regular occurrence without a paperwork trail. It’s not. Simply get your cars right, don’t promise the earth & chase away the arsehole punters and your business should be fine.

Just my two penneth worth & I know many will disagree.

“The paperwork is just a side show”.......I have got to tell you BHM it is not....When it is your turn for an HMRC enquiry,they will be  pulling out bankings and payments large and small,paintshop invoices with and without reg no’s,adverts for stuff which they can’t find in your stock book,they go back years as well.Then they go for your personal stuff,it is the same “you banked £275 cash in your b/society or personal family bank account on this date 5 years ago”.....prove where the money came from etc......If you are unlucky and get picked out allow yourself 3 years until closure......Take it from me,paper work is not a sideshow !

[Anglo9 26]

4 hours ago, trade vet said:

“The paperwork is just a side show”.......I have got to tell you BHM it is not....When it is your turn for an HMRC enquiry,they will be  pulling out bankings and payments large and small,paintshop invoices with and without reg no’s,adverts for stuff which they can’t find in your stock book,they go back years as well.Then they go for your personal stuff,it is the same “you banked £275 cash in your b/society or personal family bank account on this date 5 years ago”.....prove where the money came from etc......If you are unlucky and get picked out allow yourself 3 years until closure......Take it from me,paper work is not a sideshow !

 

Just now, Anglo9 said:

 

Holy crap...did it end well ?

 

Edited February 24, 2018 by Anglo9
Forgot text

[trade vet 703]

3 hours ago, Anglo9 said:

 

Holy crap...did it end well ?

 

I thought it did,the inspector did not because he was not able to any make any additional tax assessments against the company after taking 3 years  to fish through  6 years records.He actually said ‘you have waisted my time’.......