sparky

Advice Required

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Customer picks up car last week after and unfortunately the EML has come on over the weekend and it requires an EGR valve. Customer not happy and wants to cancel the deal and take their old car back. No problem, that can and will be done. However, their is some finance involved. The new car is now on with Motonovo and the finance on the part ex to X has been settled by myself.

Motonovo are happy to for me to refund the difference to them and they refinance the customer for what they originally owed on the part ex. However, in effect I would be selling their part ex back to them on finance and as a result would be liable for that car under the SOGA, which obviously I don't want despite the customer giving me assurances this would not happen.

The only options I can think of here is that either Motonovo finance the car as a personal loan or I get something drawn up top say I'm not liable under the SOGA for the part ex.

As ever, any other thoughts appreciated.

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Wouldn't the easiest thing be to try and convince the customer to keep the car. It will take time to find a solution to the finance so maybe fix the EGR value ASAP, give the car back in the hope that he takes his new car and doesn't want the hassle of changing finance etc etc.

Maybe throw in a sweetener (extended warranty or £100 cash) to calm his nerves as a goodwill gesture.

 

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Sparky it seems a bit strange that someone would want the deal unwound for just a new egr valve needing replacing, which you have said you'll do. I suspect that something else may be playing in the back of his mind maybe buyers remorse. I'd try to get to the bottom of this before agreeing to unwinding it. 

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Hi, I had a similar situation a few months ago, I delivered the car after a week airbag light comes on, the lady had been chatting to her friends at the school gat and scared her to death about driving the car with an airbag light on "because it could just go off at any time". I agreed to reverse the deal but said it would take a few days to sort so they best thing would be to bring the car in, let me fit new airbag ring and then continue driving it while I worked on getting the deal reversed.

With the help of the finance company calming her down and explaining it wasn't big problem, her driving a 08 reg Grande Punto instead of a V reg Corsa by the time a few days had passed she agreed to keep her car.

A sweetener of an extended warranty does sound a good option.

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According to the customer and the 'advice' they have taken, the car is a lemon and clearly has not been serviced properly despite evidence to the contrary. I'd be more than happy to fix and offer a sweetener but that is not going to be accepted, and to be honest after what has been said I'm more than happy to refund, have the car back, deal again and not have this customer on my database. Problem is, when they take the car back at cost and take it back on a new hp agreement they will be on my database and I'll have the liabilities that come with it, despite their assurances that this would not happen.

Just what you need on a Monday Morning.

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Make it a condition of the unwind that they get a personal loan to fund it that way it shouldn't come back on your toes as long as you have everything documented in writing. Have you explained to them that any new finance / bank loan will occur potential arrangement fees?

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Make it a condition of the unwind that they get a personal loan to fund it that way it shouldn't come back on your toes as long as you have everything documented in writing. Have you explained to them that any new finance / bank loan will occur potential arrangement fees?

I have indeed. The words wall and head spring to mind.....

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Or make it clear you need to do a fully inspection on their car to cover yourself under SOGA that they will be accepting their car back with all faults. (If an EGR Valve is worring them a big list on their's will to)

Also the customer maybe acting like an idiot at the moment but he is pee'd off his new car has broken down, once he calms down he maybe more approachable.

Lawgistics could help with this if your a member

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Will motonova not help by simply cancelling the new one and reinstating the old one surely in this day and age that can be done? Has your payment cleared?

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Will motonova not help by simply cancelling the new one and reinstating the old one surely in this day and age that can be done? Has your payment cleared?

The new deal is with Motonovo, the old one was with another company.

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I have always been told by our finance rep that the finance is down to the customer, it's great that your trying to help him out of the deal, but ultimately he needs to settle the finance before he brings the vehicle back, I don't see a way out of the deal, particularly if his trade in had finance on and now it doesn't, you can offer him a full refund, but he needs to pay off the finance with a personal loan before trading, so it is clear of finance, then you pay him, give him his car back and the difference is what he pays off his personal finance.  The guy is being unreasonbable assuming you will get him out of a deal for a repairable fault, so i would point out the complexitiy of returning a vehicle he doesn't own and the cost implications he will be liable for to the finance companies and let him make the judgement about whether a repair is the cheapest and easiest option!!  With regard to SOGA and their car, you are just returning their goods, its not a sale...

Edited by Trident
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I've had a similar issue with a customer going straight to Trading Standards before even talking to me. Again, I suspect a hidden agenda somewhere but with a little research I found I was within my rights to fix the car and showed her the relevant page on the Money Advice Service website.

3 weeks later she's accepting a repair (a simple electrical fault that the warranty will cover).

Stand your ground.

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Some customers are a nightmare.

 

Then you hear the countless horror stories of a customer that buys a car, something fails on it and the dealer tells them to jog on not sorting it. 

You try to do right by these people but never win. 

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