Help required. Consumer rights/verbal warranty

[BHM 994]

1 hour ago, Stalker said:

I wouldn’t bother arguing, the op has already done a runner by the looks of it 

After milking you guys for free advice. Sounds like a trader of the plastic variety.

[Flip 0]

Appreciate all the replies although the first 2 were enough to convince me of my next move (get the car back, inspect then probably refund) 

To clarify—no warranty slip was given out in this sale, just a verbal (month warranty) Customer never set eyes on the T&Cs. *Warranty book now binned* 

There seems to be some genuine and decent blokes in this group with heaps of experience. Luckily for daft inexperienced young pups like myself they are generous enough to share. Will definitely stick around albeit mainly reading and learning.

 

Regards

Edited February 16, 2019 by Flip

[Dave2302 387]

16 hours ago, andymc1973 said:

you can't within 30 days 

Can't what within 30 days ????????????????????

Charge the mileage I presume, because I'm bloody certain the billy won't refuse a refund ................

I'm just curious  

I simply don't actually know, because I've NEVER had to do a refund, of the odd one or two Cars I've had that have given grief my Customers have always been sensible, brought it back to me and I've repaired it with no further grief !!

[It's me 611]

2 hours ago, Dave2302 said:

Can't what within 30 days ????????????????????

Charge the mileage I presume, because I'm bloody certain the billy won't refuse a refund ................

I'm just curious  

I simply don't actually know, because I've NEVER had to do a refund, of the odd one or two Cars I've had that have given grief my Customers have always been sensible, brought it back to me and I've repaired it with no further grief !!

hi dave

you cant charge a mileage allowance on first 30 days so its a full refund or see you in court -------------jimmy job

i think most of us make sure the car is pretty bomb proof prior to sale,since being on here ive doubled the miles i do to confirm everything tickety boo prior to offerements just to cover my back even further from the brrrrrrrrrrr brrrrrrrrrrrrr phone call -----------hello its me i bought the ferrari of you do you remember --------------no

[EPV 631]

1 hour ago, tradex said:

I still disagree with the no mileage refund reduction for 'short term' rejection, but we have been over this soooo many times, CRA-2015 Part 1 Chapter 2, Section 24 , Sub-sections 8/9/10 and 10a

I agree. I’m yet to see any clause or text that says you can’t make a deduction for usage. 

[It's me 611]

27 minutes ago, EPV said:

I agree. I’m yet to see any clause or text that says you can’t make a deduction for usage. 

https://www.tradingstandards.uk/news-policy/news-room/2017/new-guide-to-help-used-car-sellers-understand-their-legal-obligations

If the car is faulty, the law says a consumer has 30 days from the day after he takes delivery to reject it. You must then give him a full refund. 

 

that seems pretty clear to me,remember if you do and try to make reductions the consumer could argue that they have taken time of work failed to get to appointments and had to spend more money to be in the position they were in prior to your car being of unsatisfactory quality thus rejected

 

just sayin..............

[EPV 631]

I have said this before but from what I have seen and read, trading standards don’t know their arse from their elbow and are definitely not qualified to project opinions about something that even solicitors have a job understanding! 

For example, to say that “the law says within 30 days a consumer can reject a car if it’s faulty”’shows a lack of understanding or clarification about what the short term right to reject is. People read the party line and think “oh my brake pads have worn down to the limit, i’m giving the car back” when in reality it’s far from that simple. 

[It's me 611]

8 minutes ago, EPV said:

I have said this before but from what I have seen and read, trading standards don’t know their arse from their elbow and are definitely not qualified to project opinions about something that even solicitors have a job understanding! 

For example, to say that “the law says within 30 days a consumer can reject a car if it’s faulty”’shows a lack of understanding or clarification about what the short term right to reject is. People read the party line and think “oh my brake pads have worn down to the limit, i’m giving the car back” when in reality it’s far from that simple. 

my point is 

you dont want to be the test party

so

kiss

just sayin..............

[EPV 631]

21 minutes ago, boring dave said:

my point is 

you dont want to be the test party

so

kiss

just sayin..............

I also often say that court is to be avoided so yes, agree with you. 

[Arfur Dealy 823]

We all talk like court happens all the time and every billy has the stomach to take is to court and follow it all the way through, I have sold thousand and thousands of cars in over 30 years and only been to court once (oh and I won). 

[EPV 631]

14 minutes ago, Arfur Dealy said:

We all talk like court happens all the time and every billy has the stomach to take is to court and follow it all the way through, I have sold thousand and thousands of cars in over 30 years and only been to court once (oh and I won). 

Absolutely. I think we just talk like that because that’s where it will all ultimately lead. You have to weigh up and decide whether to dig your heels in when the customer is being very unreasonable (dipstick) or, ante up and move on. 

[Arfur Dealy 823]

1 minute ago, EPV said:

Absolutely. I think we just talk like that because that’s where it will all ultimately lead. You have to weigh up and decide whether to dig your heels in when the customer is being very unreasonable (dipstick) or, ante up and move on. 

[justina3 518]

Its not just the motor trade its everywhere, the dawn of the no win no fee parasites has changed the legal landscape forever.

I have a customer who is emailing me constantly about a house they bought from me six months ago claiming the velux window in the attic is in the wrong place and "fails to afford him the best sunlight it should have been six feet over"

After several emails to ensure it wasnt an early April fools joke i finally replied the best i could do was send around a team of carpenters to pad his attic with white soft furnishings and ensure all possible sharp objects are out of harms way as you clearly need that kind of environment.

Hi replied with you will be hearing from my solicitors, to which i replied what with very loud laughter.

He has now been resigned to the spam folder so i dont have to listen to any more dribble.

 

[David Horgan 564]

17 minutes ago, justina3 said:

Its not just the motor trade its everywhere, the dawn of the no win no fee parasites has changed the legal landscape forever.

I have a customer who is emailing me constantly about a house they bought from me six months ago claiming the velux window in the attic is in the wrong place and "fails to afford him the best sunlight it should have been six feet over"

After several emails to ensure it wasnt an early April fools joke i finally replied the best i could do was send around a team of carpenters to pad his attic with white soft furnishings and ensure all possible sharp objects are out of harms way as you clearly need that kind of environment.

Hi replied with you will be hearing from my solicitors, to which i replied what with very loud laughter.

He has now been resigned to the spam folder so i dont have to listen to any more dribble.

 

My god they actually do it with houses too 

[justina3 518]

Just now, David Horgan said:

My god they actually do it with houses too 

Not sure about your every day transaction but as a building company think they see us as a target similar to a car trader over a private seller.

And yep they defo do it, we have seen our build warranty costs almost treble in the last five year alone.

 

[tradegirl 112]

On 2/15/2019 at 11:44 AM, jason doyle motor sales said:

since being on here ive doubled the miles i do to confirm everything tickety boo prior to offerements just to cover my back even further

Is this before or after the MOT? We get cars serviced, MOTd, run them a fair amount after that, and then PDI.

I've often thought though, could they customer say that the car was fine at the MOT, but something got broken during our road testing/use?

[Arfur Dealy 823]

1 hour ago, tradegirl said:

Is this before or after the MOT? We get cars serviced, MOTd, run them a fair amount after that, and then PDI.

I've often thought though, could they customer say that the car was fine at the MOT, but something got broken during our road testing/use?

I generally take it them out for 30 minutes and ream the asses off them. They then go in for an MOT, the PDI process is completed partially during my test, during the MOT and any subsequent repairs. Customer signs the Lawgistics PDI on collection confirming all ok....  

[tradegirl 112]

42 minutes ago, Arfur Dealy said:

I generally take it them out for 30 minutes and ream the asses off them. They then go in for an MOT, the PDI process is completed partially during my test, during the MOT and any subsequent repairs. Customer signs the Lawgistics PDI on collection confirming all ok....  

Ok so MOT and PDI are last after road tests. I'm doing it a bit arse backwards.

[Arfur Dealy 823]

16 minutes ago, tradegirl said:

Ok so MOT and PDI are last after road tests. I'm doing it a bit arse backwards.

I test the car first to make sure there’s no horrible faults. You have to know if  it’s worth investing in, not point in MOTing it if your gonna be ripped by the tester.

 

[EPV 631]

40 minutes ago, tradegirl said:

Ok so MOT and PDI are last after road tests. I'm doing it a bit arse backwards.

You’ll need to know what’s wrong with the car, if anything, by driving it. No point in having a car in for a MOT and service if there is a knock, bang, jerky gear change, air con regas needed etc. 

[tradegirl 112]

3 minutes ago, EPV said:

You’ll need to know what’s wrong with the car, if anything, by driving it. No point in having a car in for a MOT and service if there is a knock, bang, jerky gear change, air con regas needed etc. 

16 minutes ago, Arfur Dealy said:

I test the car first to make sure there’s no horrible faults. You have to know if  it’s worth investing in, not point in MOTing it if your gonna be ripped by the tester.

 

No, of course. Anything clearly wrong with it on the 15 mile drive down is repaired before the MOT, together with the service. Then MOT, then run for for a couple of days to make sure nothing crops up, then PDI.

[sellect2 19]

On 14/02/2019 at 9:33 AM, AutoJacob said:

If you have only just started trading and are a ltd company, dissolve the company before a court case is filed and start under a new name but don't repeat the same stupid mistakes as you did this time round.

Some people might not agree with the above but in the real world this happens on a daily basis, it's no worse than PLCs hiring workers on a zero hour contract, minimum wage and getting rid of them whenever they please.

 

Oh dear it’s advice like this that gets the trade a bad name, I know we always end up carrying the can, but this advise is disgraceful. 

Just because others have done it don’t make it right. 

Flip needs to find out why it failed and bite the bullet if it’s failed - then move on. 

[Arfur Dealy 823]

49 minutes ago, tradegirl said:

No, of course. Anything clearly wrong with it on the 15 mile drive down is repaired before the MOT, together with the service. Then MOT, then run for for a couple of days to make sure nothing crops up, then PDI.

I BIN silver / gold from all over the country and always include delivery, I don't collect. This ensures it drives at least onto the transporter and no wasted journeys for me, I've had a few which transport couldn't even get started so you then get the call saying get onto Surecheck, which I play the game, wait penitently and they resolve remotely.  I have also had a few which have been driven down and self destructed on the way and been fully refunded. Delivery gives you a lot more assurances.

I think I've only been to an auction once this year....

But, you can't do this as a newbie, you need years of experience to be able to even have a clue as to what you are doing buy online. You need the right foundations to be able to make the right choices to buy from the right sellers in the first place. 

Edited June 19, 2019 by Arfur Dealy