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Dealer Warranty Issues - DealerOne

Hi guys, i'll put the flame suit on here, we are a small motor trader stocking around 10 cars at one time.

We sold a popular diesel saloon 2006 with approx 80k some 10 months ago to a very difficult customer.

The turbo housing cracked on the car 2 months in, we replaced this (even after he was abusive to us and we offered a full refund to get rid of him!), now a further 8 months later the car is going into limp mode most likely caused by sticky vanes on the turbo.

He has been nothing but abusive on the phone with foul langauge calling at 10pm at night, ringing from different numbers, even his mother on the phone. I'm at the end of my tether as sale of good act states 6 months fit for purpose, so the basic warranty is up never mind the warranty on the replacement turbo!

He is thretening court action, so anyone able to help where I stand?

Edited by DealerOne on 20/11/2014 at 11:33

Dealer Warranty Issues - Palcouk

Create a written record of conversations/dates whilst you remember.

Next time he calls inform him S of G Act means he is out of any warranty period, and if he wishes you can repair the car at his cost (personally dont advise this)

And that if nessesary you look forward to seeing him in the small claims court (where each party is responsible for their own costs)

Dealer Warranty Issues - RobJP

Create a written record of conversations/dates whilst you remember.

Next time he calls inform him S of G Act means he is out of any warranty period, and if he wishes you can repair the car at his cost (personally dont advise this)

And that if nessesary you look forward to seeing him in the small claims court (where each party is responsible for their own costs)

Agreed.

I would also inform him (by letter, registered post), of your business hours, that any calls should be kept to within those business hours, and that any future abusive language will not be tolerated, and calls may be recorded.

Dealer Warranty Issues - gordonbennet

Assuming this didn't descend into animosity by an initial refusal to honour the first problem until he became abusive....(not suggesting you are exaggerating or being selctive with the facts but obviously we only have your version)...then by him using foul language and being thoroughly objectionable he's effectively closed any goodwill sympathetic or helpful door that might have otherwise been open, i wouldn't accept any further calls from this man and IMO neither should you, none of us need this.

I agree with keeping everything recorded, maybe use this experience to make yourself a spreadsheet the very second a customer gives you that sinking feeling, so a record of everything is there, just in case you get another like this.

Whilst bad traders get a justified hammering on forums and in the press very seldom does anyone mention the increasing number of unrealistic unpleasant and sometimes bullying members of the public genuine traders must have to suffer...anyone who has sold a car privately will have been contacted by or worse still actually met some of these.

Its quite possible that you may yet end up contacting the old bill with a view to curbing this mans harrassment so a record of events whilst fresh would be useful.

Edited by gordonbennet on 20/11/2014 at 12:31

Dealer Warranty Issues - brighteyes
Totally agree with previous posts and suggest that it would be a good idea to join a suitable motor traders association which could help with any future problems.
Dealer Warranty Issues - DealerOne

Thanks guys, think you are right about reporting to the police in this case!

Dealer Warranty Issues - pd

You were within your rights to insist on him accepting a refund rather than a repair.

The choice is the seller's. not the buyer's.

As others have suggested report him for threatening and abusive behaviour if he keeps calling.

People tend to forget that the SoGA is there to protect the seller as well as the buyer and you are quite within your rights.

Dealer Warranty Issues - RT

You were within your rights to insist on him accepting a refund rather than a repair.

The choice is the seller's. not the buyer's.

As others have suggested report him for threatening and abusive behaviour if he keeps calling.

People tend to forget that the SoGA is there to protect the seller as well as the buyer and you are quite within your rights.

AFAIK, it's the buyer that has right to refund, replace or repair, not the seller, under SoGA - although the seller could "engineer" that by refusing to replace or repair the faulty part on the grounds that it's impractical or cost more than the purchase price - while offering a full refund.

The threats and abuse are unacceptable, whatever the issues with the car, so involving the police is the only sensible way to proceed.

I don't usually have any sympathy for car dealers, quite the opposite in most cases, but I do here if it's as posted.