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Arfur Dealy

Complaint letter response

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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

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Simon, 

 

Any chance you could let me know the exact layout and wording of all the documents you ensure the customer signs with you as it appears to be watertight when someone buys a car from you. My customers are a pain and maybe i need to tweak exactly what it is i give them and make them sign at point of sale. 

Good post though fair play! 

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4 minutes ago, Dealer said:

Simon, 

 

Any chance you could let me know the exact layout and wording of all the documents you ensure the customer signs with you as it appears to be watertight when someone buys a car from you. My customers are a pain and maybe i need to tweak exactly what it is i give them and make them sign at point of sale. 

Good post though fair play! 

No problem. Lawgistics 

https://www.ebay.co.uk/usr/lawgistics_uk?_trksid=p2053788.m1543.l2754

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2 minutes ago, tradex said:

Great letter Simon, interesting read too.B)

What he said ^^^

 

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17 minutes ago, have a word with the wife said:

very good, i see they sent a letter which arrived 3rd jan, so they have been spewing [ upset] over xmas, and decided to try and ruin your new year, swearword ;)

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.....

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In this case,it appears to be the seller complaining to the buyer.That must have confused Trading Standards.I would not be surprised if this guy had told ‘the family’ that he had done a straight swap causing them to go off lt.

I think the legalese wording in AD’s response is excellent but I do have one or two reservations with that language where punters are concerned.From experience,there are some punters who may think you could be ‘ taking the piss ‘ who are not bothered with CRA or Trading Standards and they could be connected to the wrong people.....However,the next time I’m in correspondence with BCA,HMRC or the council,I might ask AD if he does consultancy work.

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Arfur, I thought your video appraisals were supposed to manage expectations - what’s gone wrong? :lol:

Two lovely responses on this forum to chancers but how on earth are you so unlucky with punters? The last time I wrote to a punter was a few years ago - I shall try to find them on my computer for a laugh.

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19 minutes ago, BHM said:

Arfur, I thought your video appraisals were supposed to manage expectations - what’s gone wrong? :lol:

Two lovely responses on this forum to chancers but how on earth are you so unlucky with punters? The last time I wrote to a punter was a few years ago - I shall try to find them on my computer for a laugh.

BHM,you are fortunate to operate in the Republic of Teeside,which appears to have closed borders,no CRA and where traders have immunity from comebacks........only joking ....calm down !  

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Hahaha, I do sell to punters from afar though!

 

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