Refunding customer

[David Ayers 171]

9 minutes ago, Trident said:

I'm baffled, why on earth are you taking any instruction from the garage? go collect it on a truck (or have them deliver) keys or no keys, recover it back, inspect it and refund the customer accordingly, if the key  has been lost, then its a deduction along with anything else you can 'prove' has been removed or replaced. The customer is responsible for the agreement between him and the garage and if that garage has acted fraudulently or unprofessionally (losing keys!!! ffs) its between the customer and that garage and he will have to chase them for the refund of your loses which you have no choice but to deduct from him.   My point is the thrid party has no involvement and cannot dictate whether you do or do not start the vehicle.

See orginal post, paragraph 4. It is a 6 hour trip and no guarantee the key won't be lost again. Customer is refusing to return it as OP wants to inspect the car.

Tony you need to take charge of the situation. Either do as I suggested on page 1 or go to Lawgistics or Lawdata for advice.

Also get advice on how to protect your self going forward. Sor invoices and ensuring sor cars are trailered away.

Edited December 21, 2018 by David Ayers

[Dave2302 387]

1 hour ago, James01 said:

The guy is an idiot, trying to make up rules and laws as he pleases. The car is his and is his responsibility to tax and insure it while in his possession. Any damages caused would not be down to you but him or the garage who have the car at the moment. If the car gets impounded as he has failed to tax it that is down to him. 

I personally would take a firm stance with him and send him a recorded delivery letter stating that you want he car returned within 14 days for a full inspection. There will be no further correspondence or offers made until the inspection has been carried out. 

This is your legal right to do so, just like you cannot deny someone their consumer rights, they cannot deny yours. The law is there to protect both parties. 

 

 

Absolutely this /\ /\ /\ 

Don't take his shit, send letter recorded delivery and 1st class post copy and do not even speak to him again, unless he want's an appointment for when he can return HIS vehicle for you to inspect

[MattR 177]

Down to brass tacks, selling 'no warranty given or implied' is always a gamble. generally the wrong punters, think its a bargain and ignore the warnings you give them. And as for selling it to someone who lives 6 hours away? I'd have told him you werent prepared to sell to him in the first place. sell locally (ish) if you want to sell problem cars unless your advert and invoice are explicitly clear as to what the car is. That way, if a problem like this arises, you can get a garage you know involved.

What should you do? You may be ok in court. the judge may award against you, but I would think the customers behaviour could secure you a reduced refund (losses for failed collection attempt)

[DPF 18]

Agreed with Dave. Stop talking to him except through recorded letter. You tried everything but he refused to cooperate. 

[Tony911 79]

Great advice. Will get on with registering with Lawgistics and have a recorded delivery letter sent out to him explaining we will have the car back and once it has been inspected if no further faults are found and original key you will get a full refund but if issues are found we will be deducting it from the amount and he will need to claim the rest from the garage, give him 14 days to reply if not fooook it lets have a day in court and get it sorted and we will claim for losses. 

[Arfur Dealy 823]

2 hours ago, Tony911 said:

Great advice. Will get on with registering with Lawgistics and have a recorded delivery letter sent out to him explaining we will have the car back and once it has been inspected if no further faults are found and original key you will get a full refund but if issues are found we will be deducting it from the amount and he will need to claim the rest from the garage, give him 14 days to reply if not fooook it lets have a day in court and get it sorted and we will claim for losses. 

FYI.

http://www.lawgistics.co.uk/read-news/1025#sthash.jfbh4wIF.dpbs

[Dave2302 387]

2 hours ago, Tony911 said:

Great advice. Will get on with registering with Lawgistics and have a recorded delivery letter sent out to him explaining we will have the car back and once it has been inspected if no further faults are found and original key you will get a full refund but if issues are found we will be deducting it from the amount and he will need to claim the rest from the garage, give him 14 days to reply if not fooook it lets have a day in court and get it sorted and we will claim for losses. 

NO NO NO !!

Do not mention refunds, just write exactly this :-

4 hours ago, Dave2302 said:

"I want he car returned within 14 days for a full inspection. There will be no further correspondence or offers made until the inspection has been carried out". 

The more you write to these c*nts the more cards you disclose which then they turn into ammo ...................

"But you said" etc etc.

Short and sweet !! 

[Tony911 79]

29 minutes ago, Dave2302 said:

NO NO NO !!

Do not mention refunds, just write exactly this :-

The more you write to these c*nts the more cards you disclose which then they turn into ammo ...................

"But you said" etc etc.

Short and sweet !! 

I like

[DPF 18]

1 hour ago, Dave2302 said:

NO NO NO !!

Do not mention refunds, just write exactly this :-

The more you write to these c*nts the more cards you disclose which then they turn into ammo ...................

"But you said" etc etc.

Short and sweet !! 

+1

[Tony911 79]

19 hours ago, Dave2302 said:

NO NO NO !!

Do not mention refunds, just write exactly this :-

The more you write to these c*nts the more cards you disclose which then they turn into ammo ...................

"But you said" etc etc.

Short and sweet !! 

Write the letter will send out on Monday via recorded delivery and will keep you posted. Thanks 

[David Ayers 171]

1 hour ago, Tony911 said:

Write the letter will send out on Monday via recorded delivery and will keep you posted. Thanks 

If you want to load it on here first I'm sure you would get good advice.

[Tony911 79]

We want the car returned within 14 days for a full inspection. There will be no further correspondence or offers made until the inspection has been carried out. 

 

That's it copied and paste from dave2302

Edited December 22, 2018 by Tony911

[trade vet 697]

On 21/12/2018 at 10:40 AM, Tony911 said:

This is the first time in 10 years we have ever been threatened with legal action as we always deal with any complaints in a professional manner. You seem to have had quite a few issues, so maybe you could fill us in on what we can expect after going to collect the car with no result and now they want to return the car back to us but we can't start or inspect it? We only sell quality used cars which are fully inspected and any faults rectified even new turbos flywheels and clutch kits this way the customer is happy and will pay the full amount without hesitation as the cars are right. Just to add from the moment he broke down we have been in contact with him trying to rectify the problem which caused him to break down but we wont take responsibility for the glow plugs as he was fully aware there was an issue big or small before leaving a deposit

I have to say that if you have never taken a 2 grand hit for whatever reason in 10 years of retailing,you have had a charmed existence.

[Arfur Dealy 823]

2 minutes ago, trade vet said:

I have to say that if you have never taken a 2 grand hit for whatever reason in 10 years of retailing,you have had a charmed existence.

Agreed. 

I took a C5 in PX this year which I sold to a Judge as a dog car, I ended up paying just under 3k for a fault (two seperate repairs) which were both ehum....(present at the point of sale)........ Well and truely bent over was I....... but he left a glowing review..... Pick your battles

[Tony911 79]

46 minutes ago, trade vet said:

I have to say that if you have never taken a 2 grand hit for whatever reason in 10 years of retailing,you have had a charmed existence.

Yeah was going fine until this prick showed up. From your experience do you think I should refund £2k and tell them to keep the car and get on with it? 

[Arfur Dealy 823]

30 minutes ago, Tony911 said:

Yeah was going fine until this prick showed up. From your experience do you think I should refund £2k and tell them to keep the car and get on with it? 

No. Stand your ground, he's already had one case dismissed, he hasn't got the bottle, he's all bottle. Just stay proffessional and call his bluff, let him know you aren't a walkover. You need to learn from this. He's fecking you around, not you messin with him. I'd like to see some blunt BHM opinon on this. 

Call his bluff, youv'e done your best and he's unreasonable. Now, as we have previously said, cut all correspeonded apart from RD. Tell him to return it or do his worst see you in court !

EDIT BUTTON  !!

[trade vet 697]

1 hour ago, Tony911 said:

Yeah was going fine until this prick showed up. From your experience do you think I should refund £2k and tell them to keep the car and get on with it? 

No,just follow the guidence from the guys and keep us informed if you get notice of proceedings.

[Tony911 79]

Yeah will do. Just got a vw toureg 2.5tdi in part ex 2003 rare manual with injector issue but does drive fine. Advertised as spares or repairs or export only. what should we retail it at 145k mot march 2019?

Edited December 22, 2018 by Tony911

[Dave2302 387]

What does it owe you, something like that I'd have thrashed them and nicked it, if I do sell that sort of thing SOR I just stick a ton or 2 on top depending exactly what it is.

Make sure your Invoice clearly states that it is Spares / Repairs, and absolutely nothing is implied or given !!

[Tony911 79]

5 minutes ago, Dave2302 said:

What does it owe you, something like that I'd have thrashed them and nicked it, if I do sell that sort of thing SOR I just stick a ton or 2 on top depending exactly what it is.

Make sure your Invoice clearly states that it is Spares / Repairs, and absolutely nothing is implied or given !!

Owes us nothing, does judder when parked but pulls drive bang on, think its worth £1500. Yes always advertising part exchange stock as spares or repairs or export only and clearly explained and written on invoice. 

Edited December 22, 2018 by Tony911

[EPV 631]

19 minutes ago, Tony911 said:

Owes us nothing, does judder when parked but pulls drive bang on, think its worth £1500. Yes always advertising part exchange stock as spares or repairs or export only and clearly explained and written on invoice. 

Just watch your step when you are advertising stuff SOR and it's priced more than a few hundred quid. Trading Standards may interpret that as you trying to mitigate your risk of a comeback and take a dim view. If you're advertising as SOR, you need a proper sales receipt as suggested above and to cover yourself further, insist the customer trailers it away or, writes a short note and signs it to confirm they know they are buying an unroadworthy vehicle. If you're selling something at £1500 yet it's SOR it doesn't appear to be scrap or SOR only does it? That's a retail car, which you can't sell as an unroadworthy vehicle.

For me, I'm either retailing it (to a sensible customer) or it's scrap and off to the scrapper. There are too many fuckwits out there who see a very cheap vehicle, ignore the VERY harshly worded advert and ring you to ask "is there anything wrong with the car?"

"No sir, it;s mint and it's £1000 behind recommended retail for no reason and you're just very lucky to have seen the advert"

 

[Tony911 79]

17 minutes ago, EPV said:

Just watch your step when you are advertising stuff SOR and it's priced more than a few hundred quid. Trading Standards may interpret that as you trying to mitigate your risk of a comeback and take a dim view. If you're advertising as SOR, you need a proper sales receipt as suggested above and to cover yourself further, insist the customer trailers it away or, writes a short note and signs it to confirm they know they are buying an unroadworthy vehicle. If you're selling something at £1500 yet it's SOR it doesn't appear to be scrap or SOR only does it? That's a retail car, which you can't sell as an unroadworthy vehicle.

For me, I'm either retailing it (to a sensible customer) or it's scrap and off to the scrapper. There are too many fuckwits out there who see a very cheap vehicle, ignore the VERY harshly worded advert and ring you to ask "is there anything wrong with the car?"

"No sir, it;s mint and it's £1000 behind recommended retail for no reason and you're just very lucky to have seen the advert"

 

Plenty of morons like that. The cheaper the car the bigger the idiots.

[Arfur Dealy 823]

Unroadworthy is the crux. Brutal advert, brutal video, brutal invoice. Don’t hint on anything it isn’t 

[Stalker 180]

Do you not put these cars in a local auction? 

[Tony911 79]

9 minutes ago, Stalker said:

Do you not put these cars in a local auction?

Nope. Maybe we should start!  Bca and manheim have extortionate fees