Suns out & so are the A/C idiots

[Mark101 536]

4 minutes ago, Arfur Dealy said:

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. 

Good luck enforcing b))

agreed, if made aware and documented then no problem.

if I bought car from a reputable dealer and the air con didn't work, then unless I was told at POS, or it literally was a banger where faults are to be expected (being realistic), I would seek a fix.

if there's a button, it should work - just omitting it from your ad is absolutely not going to cut it - it is advertised on the dashboard. 

to be honest the air con is something that I have overlooked in the past but the PDI prompts me to check now.

[Arfur Dealy 823]

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....

[trade vet 704]

9 hours ago, BHM said:

‘Pull out’ radio!!! When was this, circa 1988? 

Maybe you are right.....not long ago !...........( probably 98)

[BHM 994]

I’m 100% with Arfur on this although I dare say before the judge there’d be a different interpretation. At the end of the day selling secondhand cars you can’t cover every eventuality & anyone worrying about selling 11 year old cars with non functioning  a/c to punters should get another job. 

Common sense has to come into this game at some point & an arsehole corresponding about an old banger he bought four months ago and stating something along the lines of ‘everything should work’ should be treated exactly as he is - an arsehole. He wouldn’t of even of got a response from me.

[trade vet 704]

2 hours ago, Arfur Dealy said:

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....

That’s really good......maybe if you put a exclusion of liability CRA 9(4)b disclaimer within your ads and on your sales invoices.

[justina3 518]

4 hours ago, Arfur Dealy said:

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. 

In weather like this yes they would go for the air con button but not a month ago when it was hammering down, just a thought 

[SC Derby 259]

This is how I would do it, on cars up to £2k say, basically part exchanges that are still too good to scrap and roadworthy but not new cars anymore.

We have a Picasso in now, £1,500 80k. Its tidy, drives okay, and majority of bits and bobs work but the air con is not the coldest.

So we won't advertise it with air con, and the customer will be told we haven't tested the air con and therefore please assume it doesn't work and if it does or needs a re gas thats a bonus. If that puts them off the car that is fine by us. Finally a note will be made of the above on the invoice.

Personally I don't see how anyone can be more transparent than that, they have all the info pre purchase to make an informed decision.

 

[NOACROSS 414]

On 19/04/2018 at 5:55 PM, NOACROSS said:

Had the same email today on a Ford Fusion sold months ago. I replied the same as you Justin. 

Within warranty I may have helped as goodwill gesture if I liked them. 

This is the email I got today from my customer (I initially replied politely to get it regassed/checked at her expense) :

Hello,

 

I had no luck at all with the car yesterday.  Halfords’ tool to check the pressure didn’t fit my car!  I then went to ATS Euromaster  who said it was the pump that was at fault and they couldn’t do anything until Monday as the part would have to be ordered (I’m driving back to Dorset today so that wouldn’t have been of any use to me.).  Then, to get a second opinion, I went to Kwikfit, who also said it was the pump.   Isn’t the Aircon something that should have been checked before I bought the car?  According to the AA, it should have been!  I believe it’s going to cost me well over £100 to get it fixed.

 

I look forward to your comments,  Kind regards,

[BHM 994]

Well over £100!! Shock! Horror!! You’d think a £100 is a lot of money nowadays - these cretins must be living in 1975.

[NoMargin 11]

3 hours ago, NOACROSS said:

Isn’t the Aircon something that should have been checked before I bought the car?  According to the AA, it should have been!

Yes madam the air con should have been checked before you bought the car..... 

[andymc1973 199]

tell her to shove an ice cube up her flute

[MrC 142]

Tell them that when you checked the 2/40* air con it was fine.

*2 Windows down, 40 mph

 

Edited April 21, 2018 by MrC

[NOACROSS 414]

Ha. Brill. Is that what aircon campers get?

[Jack Regan 116]

customer - the air con doesn't seem to be working .

dealer - I didn't advertise it with having air con 

customer - but it has it and it doesn't work .

dealer - it doesn't make the car unsafe , once you've bought it go and get it re - gassed , shall we step into the office ....

 

really .... how many punters would swallow that .

 

 

[D&M 66]

We used the Lawgistics PDI and always sell cars with the A/C untested.

Our first moaner was about A/C - on a C-Max no less! just a £1,500, but a nice car.

What sticks the boot in is that they tested in on the test drive, knew it wasn't blowing cold and were happy with that. A few days later we got the text message (no complaint via phone call, surprise surprise,) that an A/C pipe had snapped.

£48 sent to the customer to buy a new pipe. Promised to send us the invoice to prove, invoice arrived the next d........ oh no, the invoice never arrived because the cheeky sods just wanted us to pay for the A/C regas.

[It's me 615]

my receipts clearly state airconditioning is not sold as working on my cars, only sign if you accept this,irrespective of whether it works or not

theres too many consumables involved and a regas rarely sorts the issue it just creates long term problems

92.5% of my customers tell me it wastes petrol and they dont use it anyway so the other7,5% could find an alternative supplier,ive never ever lost a sale for this and never had txts phone calls notices of intended court actions

really cant understand the issue its a second hand product and cannot be seen as new,the detail is in the invoice

[D&M 66]

2 Lessons learned

1/ Always PDI (said C-Max was soon after we started and didn't PDI)

2/ Only pay customers out when they provide an invoice!

[MrC 142]

3 hours ago, NOACROSS said:

Ha. Brill. Is that what aircon campers get?

I have done a few with 240 Aircon

[BHM 994]

2 hours ago, Jack Regan said:

customer - the air con doesn't seem to be working .

dealer - I didn't advertise it with having air con 

customer - but it has it and it doesn't work .

dealer - it doesn't make the car unsafe , once you've bought it go and get it re - gassed , shall we step into the office ....

 

really .... how many punters would swallow that .

 

 

Errr....most actually. Or at least at my end of the market (up to £4000).

Tbh you need to swap the bold ‘comment’ above to: In that case it clearly does NOT have it, does it?

2 hours ago, D&M said:

2 Lessons learned

1/ Always PDI (said C-Max was soon after we started and didn't PDI)

2/ Only pay customers out when they provide an invoice!

Forget your 1 & 2, the lesson learnt SHOULD be; Don’t pay out to chancers.

Paying out to someone who you’ve dealt with honestly!?!! It wouldn’t happen here.

[Stalker 180]

Seemingly R134a gas will not be sold from 2020. So once the stocks have been used up I’m not sure what we are going to use. 

I think we will need to get the pre sales spot on with regards to ac working or not.

apparently the cost of the gas is predicted to rise month on month by 30% until it has all gone 

Could be a good investment? (Would have been 12 months ago)