Hi Gang,
We sold a customer a one year old car recently which developed a gearbox fault and broke down. It was covered by the manufacturers two year unlimited mileage warranty including breakdown. The car was fixed by their local Mercedes dealer within 24 hours.
The customer has now written to us wishing to reject the car and wishes a refund. They say they have only travelled 5 miles in the car in the 4 months they have owned it.....
Any thoughts?
|
It doesn't make sense. They've only travelled 5 miles in 4 months. Is that because it's been in the garage most of the time?
The fact that they allowed the Mercedes dealer to fix the car might mean they have legally accepted the car (but I'm no expert). You can't reject a car if you have continued to use it, but it sounds like they haven't used the car at all.
Pls supply a bit more info, so we can advise accordingly.
|
That genuinely is the case!
We delivered one to them that the wife loved, but he rang and said that he did not like it so we got them another one and they now say that after 4 months they want to reject it!
|
|
What is their basis for rejecting the car?
|
That they have 'lost faith' in the car.
He says that she says that she wants the same car (Colour spec etc) But just not that one!
|
|
LOST FAITH? That's not covered under the sale of goods act 1979 (as amended). From a dealer's goodwill perspective, you might want to help them out. From a legal perspective, even trading standards would laugh at a consumer that wanted to reject a car after 4 months because it broke down and needed a repair, which was done pretty quickly. Sounds like a awful customer to have to deal with.
|
|
|
|
|
What I mean is is the car undriveable now? Is the fault a recurring fault? IMHO, if they allowed the car to be repaired, and it's working fine now, they don't have a leg to stand on.
|
|
Oh yes the car was repaired straight and tested by their local Merc dealer to be OK.
|
|
|
|
Isn't there something in the Sale Of Goods Act that only guarantees second-hand cars for three months, unless otherwise stated?
|
|
Absolutely there is Chris, my point is the car did go wrong (Cars do!) And it was dealt with, but they now want to reject a perfectly good car. What are the options?
|
|
|
It depends. If it is trully as you have described then,
Do you want them as a future customer?
Yes/No
Do they have any influence over your customer catchment area
Yes/no
If the answer to both is NO then tell em to naff off. They have no legal basis for rejection. Make sure you attend court if it gets that far, you cant loose!
------------------------------
TourVanMan TM < Ex RF >
|
The events are true, the guy has been a bit of a pain since we started the ball rolling.
He rings every few days asking if we can get him another one exactly the same.
I do not want to lose any customer and I do not want negativity, but I also do not want to be bent over.
|
The events are true
>>
you are a trader, and you don't know what your obligations and options as a trader are? (whether legal or best-business practice). why not ask a trading standards to give you some lessons in trading.
|
|
|
|
tell them you will see them in court and your time will be £100 an hour
|
|
|
Nope, not as far as I know. The same laws apply to used goods as well as new ones. The product must be of merchantable quality, and fit for it's purpose, and accurately described. Any guarantee provided by a dealer is in addition to basic rights awarded by the Sale of Goods Act. Durability of a car and it's components will be different on a used car compared to a new one too.
If they wanted to reject the car, they should have rejected the car when the gearbox fault occurred on the basis that the car was not of merchantable quality. What's the point in rejecting it after it's been fixed?
|
Customer still wants a car, from you, just not the one that had broken gearbox repaired. Although this is entirely down to courtesy of the seller, if it was me I would provide them with another car if one was at hand. You as a garage don't loose anything on such curtesy and it's not a Daewoo Matiz we are talking about, it's Mercedes, not a cheap car and for many regarded as pumpered luxury. And from the point of view of a customer that expects to be pampered, if trader doesn't have enough faith in repaired car to take it back and replace it with another one then why should they.
--------------------
[Nissan dCi are NOT Renault engines. Grrr...]
|
|
vOn, good point, the issue with their car was a software one, it had become 'scrambled'. All the Merc dealer did was plug their lappie into it and press some buttons and hey presto!
|
|
Sorry, It's not a Merc it's a Smart we are talking about, apologies if I didnt make that clear!
|
Smart had a software gearbox fault? What model is it?
--------------------
[Nissan dCi are NOT Renault engines. Grrr...]
|
|
For Four 1.3 Passion Auto, sold loads, first one I have ever seen with a fault.
|
I don't get this. He buys a car from you, it develops a fault, unfortunate but not unprecedented, and then decides not to drive it. Why on earth is that your problem? His decision, not yours.
I am the first person to jump down dealer's throats for bad service, but working in the car industry, I see both sides. I am sick to death of people who cut corners buying NFT then are straight onto the dealer/manufacturer if something goes wrong. One case I know of the car had been in a field for 9 months before being sold on at an auction without a service; the guy then rings the manufacturer to complain. Was told where to go, and rightly so.
|
I believe you have been completely reasonable.
Suppose they had bought a brand new car and the gearbox had developed a software fault.
Would they have been given another new car because of this problem, if all that fixing it entails is connecting it to a laptop computer?
No !!!!
|
|
Sound to me as though he's regretting his purchase and is looking for an easy way out.
|
|
Stevied - what is NFT please?
|
Sorry, AS!!! It means "non franchised trader".
Car industry jargon.
|
|
Thanks! No need to be sorry! Now I know. I can help you with QFE, QNH, PAR, ASR, ILS etc!
|
|
|
|
|
|
I think the customer is being unreasonable in expecting a free swap. I would carefully explain the legal situation that the car broke down and it was speedily repaired under warranty, and therefore you complied with the law.
If they still do not like this particular car then offer to trade it for another one, but give them a generous part exchange. This means it is up to them whether they wish to spend some money to change cars or not.
Best of luck with this difficult customer.
--
Roger
I read frequently, but only post when I have something useful to say.
|
|
Maybe I'm cynical, but do you think it likely the car has been clocked and they are trying it on? I can't see that they can have any idea what it's like if they have driven it for 10 mins in four months.
|
|
|
|
