Complaint #2 Response

[Arfur Dealy 823]

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 28^th 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 4^th 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

[twerp 69]

  How do you get away with it?

Not sure it is a business model I would be comfortable with.

You would not get away with it in the Midlands without a fight.

[Dealer 54]

20 minutes ago, twerp said:

  How do you get away with it?

Not sure it is a business model I would be comfortable with.

You would not get away with it in the Midlands without a fight.

I agree wholeheartedly with this statement, not taking anything away from Simon's methods though as he certainly seems able to hang onto his profits! 

[Stalker 180]

6 minutes ago, Dealer said:

I agree wholeheartedly with this statement, not taking anything away from Simon's methods though as he certainly seems able to hang onto his profits! 

It’s not his profits I’m worried about... it’s he’s knees and his teeth 

[justina3 518]

it might be me but i struggling to get my head around this as i can only see your reply, a lot of how well your response is would depend on the questions / complaints put to you.

if it was me i would change the bit about ware and tear as a possible head gasket failing would not be wear and tear, i also dont see the need to comment you would be advising yourself i always prefer to refer to my solicitor would point out to the court that x y z 

just my two pence worth as long as it works for you then well done that man.  

[D&M 66]

I don't see what's wrong.

Simons business model seems to be that he sells cars without faults.

Reading the letter posted, customer complained that her mechanic said the headgasket had gone. Simon arranged inspection and found no fault so told the customer that he isn't going to repair something that isn't broken, or refund when there is nothing wrong.

We're on board with that business model!

[Arfur Dealy 823]

43 minutes ago, twerp said:

  How do you get away with it?

Not sure it is a business model I would be comfortable with.

You would not get away with it in the Midlands without a fight.

Twerp, What do you mean "how do I get away with it " & "Get away with what* ? 

15 minutes ago, justina3 said:

it might be me but i struggling to get my head around this as i can only see your reply, a lot of how well your response is would depend on the questions / complaints put to you.

if it was me i would change the bit about ware and tear as a possible head gasket failing would not be wear and tear, i also dont see the need to comment you would be advising yourself i always prefer to refer to my solicitor would point out to the court that x y z 

just my two pence worth as long as it works for you then well done that man.  

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. 

[twerp 69]

Not picking a fight and to be clear, I have no doubt about you and your knowledge regarding the appropriate regulations and laws:

 

I am aware a lot of this hinges on 'vehicle condition should be commensurate with age / mileage / price'

But you deal high mileage 10 year old (end of life?) maintenance heavy cars with no warranty.

You retail cars but I'm just not sure how much value you add for your customers beyond the friendly video.

Edited April 16, 2018 by twerp

[Arfur Dealy 823]

9 hours ago, twerp said:

 

But you deal high mileage 10 year old (end of life?) maintenance heavy cars with no warranty.

You retail cars but I'm just not sure how much value you add for your customers beyond the friendly video.

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. 

[Arfur Dealy 823]

10 minutes ago, tradex said:

I agree with Arthur.

It's all about the car being sound, right, genuine, call it what you want, I would say 'proper' at the point of sale, bar declared faults. It goes out all good. No skeletons or dramas.

Most us here aren't dealing here with new cars, some are nearly new (under 2 years) but a lot of us are dealing with, let's be honest 'well looked after, well prepped but old bangers'. I've said it before, if you have been new cars (I've owned quite a few) then at 3 years old they really showing signs of being tired.

Now that may sound a bit harsh, but manys the time I have had to give customers a reality check when they utter something like "ohh, I've never bought a car this new" when it's 10 plate car. Well it maybe new to you, but to a lot of people it's a very old car, a banger, a jaloppy,  a shed, coming to end of it's life. Be assured, it will cost you money to maintain the car, faults will develop, it's an old car, if you want something cheaper to run then buy new, enjoy lower running costs, better reliability (?) and suffer the depreciation that comes with owning a new car.

The trouble is, there are too many people driving cars they simply can't afford to run.....you need only look at most Range Rovers slick tyres. Likewise I'm always amazed how few of our customers take the option to upgrade warranties, we offer 3 months on everything, from a grand worths of banger to a 10k gem. A tenner a week for a decent warranty is criminally cheap to me, but so few see it that way.

 

Absolutely 100%. 

[Mojo121 229]

Hi Simon - question: Have they just complained about the head and what made them suspect HGF?

[Arfur Dealy 823]

19 minutes ago, Mojo121 said:

Hi Simon - question: Have they just complained about the head and what made them suspect HGF?

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...... 

[Mark101 536]

I am glad to see that you have this so well covered, so irritating when you can blatantly tell when someone is trying it on, because in court, we are almost guilty before the hearing.

[Mojo121 229]

10 minutes ago, Arfur Dealy said:

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...... 

Thanks for the reply. Can't stand those types!

[Arfur Dealy 823]

14 hours ago, twerp said:

  How do you get away with it?

Not sure it is a business model I would be comfortable with.

You would not get away with it in the Midlands without a fight.

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 ? 

[trade vet 697]

8 minutes ago, Mojo121 said:

Thanks for the reply. Can't stand those types!

Nightmare punters....We had a similar situation on our first pitch,which was a town centre 25 car open site.We could not reason with this women.We said we would prefer to deal with her husband but she said he was in the army and abroad.She said something like,I am sure he will sort this out.We were expecting a call from her husband  but heard nothing......About 6 weeks later,early one morning we got a call from the Police......there must have been a team of guys gone in during the night and totally vandalised our stock,every panel,all the windows,we were wiped out......It was headlines in the evening paper,we had no proof who did it,but it was a professional job.

[Mojo121 229]

7 minutes ago, trade vet said:

Nightmare punters....We had a similar situation on our first pitch,which was a town centre 25 car open site.We could not reason with this women.We said we would prefer to deal with her husband but she said he was in the army and abroad.She said something like,I am sure he will sort this out.We were expecting a call from her husband  but heard nothing......About 6 weeks later,early one morning we got a call from the Police......there must have been a team of guys gone in during the night and totally vandalised our stock,every panel,all the windows,we were wiped out......It was headlines in the evening paper,we had no proof who did it,but it was a professional job.

Wow. Sickening. Cowards. I'm quite sure the story he had from her was far from what was actually said by you as well. 

In the last two and a half years of being on site we've twice had threats of "I'll come down and key every car, blah blah", which is different to yours as there was no warning. We always call 101 and report it. Police often go and have a word with them. It's pretty effective. I don't like to consider myself a grass but I don't want to wake up to that and these people won't come and deal with it face to face.

[twerp 69]

34 minutes ago, Arfur Dealy said:

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 ? 

You're not doing anything wrong, but I know what people are like and I have even been physically threatened before the point of sale as a guarantee nothing would go wrong.

I'm just surprised your punters don't take things further after your letters.

I have to admit I originally misread your post, but stand by my comments.
 

[Mark101 536]

The best warranty claim I had was on a really nice (remember this is 15 years ago) Escort Si in white, low miles cracking car - in fact it was my first sale off my new pitch.

Guy came back after 3 weeks and said, this cars crap, look at the tyres (obviously not a waranty issue but anyhow...).  I went to look at the car running on three flats, each with a knife wound in the side walls.  I said these have been slashed, he said really? - look at the one in the spare wheel well, he lifted the wheel to reveal a gun and said, I want my money back.  Rather than the hassle and a similar event to trade vet, I agreed but he had to pay for the months tax - he agreed.  My ex paratrooper bodyshop employee, gave me a lift to collect the car to ensure I had some back up.  

[twerp 69]

I realise 'get away with it' implies worse, not intended sorry

[Arfur Dealy 823]

2 minutes ago, twerp said:

I realise 'get away with it' implies worse, not intended sorry

No problem.

[Arfur Dealy 823]

1 hour ago, trade vet said:

Nightmare punters....We had a similar situation on our first pitch,which was a town centre 25 car open site.We could not reason with this women.We said we would prefer to deal with her husband but she said he was in the army and abroad.She said something like,I am sure he will sort this out.We were expecting a call from her husband  but heard nothing......About 6 weeks later,early one morning we got a call from the Police......there must have been a team of guys gone in during the night and totally vandalised our stock,every panel,all the windows,we were wiped out......It was headlines in the evening paper,we had no proof who did it,but it was a professional job.

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

[metcars 395]

29 minutes ago, Arfur Dealy said:

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

There used to be a large traveller site opposite BCA Bedford site. Not sure if it's still there?

[Jack Regan 116]

Selling bits with moon & back miles ,should imagine response letters to ruckers is a regular occurrence 

[James01 21]

Talking of maintaining customers cars for them. 

We had a chap on the phone yesterday complaining that a car he bought from us recently does not start due to a gearbox sensor not recognising it is neutral. For love nor money could I remember who this customer was as his name did not ring a bell. I looked back in our records to find that apparently December 2016 classes as recently!! The lovely chap has even raised a quality complaint with the finance company.

Needless to say I think it will be easy enough to prove that his car has started on the button for the last 16 months and 17,000 miles he has covered and therefore was not present at sale as he claims.

Chancer comes to mind!