Failing to keep agreement

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Sun 25 Oct 2009 13:30
Failing to keep agreement - paul2007
Hiya, I bought a BMW 3 series last year. Because of the many problems the car came with, the dealer offered me a 'free next service.' I got this in writing as well.

However, that particular dealer is out of business but one of their other franchises is still up and running. So it is the same company. The only difference is like someone owing several shops and closes the one you bought from.

The dealer is saying the sales rep has left the company and should have not agreed to the free service even hough it was countersigned by his manager and this person has too left the co.


As I have the agreement in writing, where do I legally stand?
Thank you.
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Sun 25 Oct 2009 13:58
Failing to keep agreement - FP
While being no legal expert, I'm pretty certain the signatures were made on behalf of "the company" and it makes no difference if these individuals are still employed or not. However, does "the company" mean the specific branch (now disappeared) of the business, or is the rest of the company liable? Sounds like a question about the precise way the company is structured.

Seems to me you need specialised legal advice.

Edited by ChrisPeugeot on 25/10/2009 at 14:00

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Sun 25 Oct 2009 14:01
Failing to keep agreement - gordonbennet
I wonder why they went out of business?
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Sun 25 Oct 2009 14:40
Failing to keep agreement - Simon
Reading what you have put I gather that the BMW franchise of that dealer has closed (the one that you bought the car from) but the dealer has other franchises, I guess that these are maybe not BMW franchises though.

If they are not BMW franchises then I would have said that your 'free service voucher' is pretty much worthless, but if they do still have a BMW franchise then I would say that you have a valid case.

BUT - Even if one of the dealers franchises (BMW or not) did reluctantly agree to honouring this 'free service voucher', how much of a quality job do you think you would get. My guess is that it wouldn't get much more than a glance over in the workshop.
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Sun 25 Oct 2009 14:59
Failing to keep agreement - Mookfish
Simon has a very good point, if they will not do it willingly I wouldn't want them to do it at all.

I guess the dealer want to make absolutly sure that the OP dosn't ever try to give them money in the future, either through servicing or buying the next car from them.
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Sun 25 Oct 2009 15:07
Failing to keep agreement - Hamsafar
The one that closed will most likely have been a holding company so that any liability is limited to that branch.
You need to find out what limited company was behind the one that closed and see if they are still trading.

For example, last time I looked, my local dealer was something like Brookside 2 Ltd. T/A Nottingham Volkswagen.

If Brookside 2 Ltd closes, then I can't go to the other side of town to Brookside 1 Ltd T/A Nottingham Volkswagen and expect them to act as though they are the same company.
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Mon 26 Oct 2009 18:42
Failing to keep agreement - paul2007
Update

Senta polite email & told them not to be petty about this. They called me about 10:00hrs at work avd agreed carry out the service. The lady was very helpful & apologised for wasting my time
Cheers all!
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Mon 26 Oct 2009 19:27
Failing to keep agreement - Westpig
They called me about 10:00hrs at work avd agreed carry out the service. The lady was very helpful & apologised for wasting my time



Can I presume you are going to 'mark' the oil filter and similar and thoroughly check the difference in colour of the oil, etc.
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