SOR customer service issues
Discussion
JiggyJaggy said:
No written contract, only an SOR sheet indicating the car details and price etc. Is that good or bad?
And there's nothing on the SOR sheet regarding who pays for what, and how quickly they pay you etc?I'm just astonished that a company that sells high end second hand cars does not have proper paperwork.
In short, the default in your agreement would be that the dealer should pay you your money, in full, immediately, or at very least in a reasonably short time period.
Additionally, unless you agreed that you were paying for repairs for some period of time, I'd also dispute that it's your responsibility to pay for repairs at all. If the dealer wants to be a dealer, then I think they should be covering this cost.
My advice at this stage is to pay them nothing, and go an see a solicitor. My angle would be to formally request your money back in full in the next seven days, and reject that you are responsible for seemingly unlimited repair costs after sale, or at all.
Otherwise it's a great ruse isn't it:
Sell a customers car - so you don't have to use your own money financing it.
Sell it for more than agreed - don't tell the customer, keep that ourselves.
Sell them a warranty - some more margin there, and it covers our legal requirement as a dealer to effect repairs.
And if it does go wrong - don't use the warranty, use our own garage, and charge the full whack (plus VAT) back to the customer, so we get paid yet again!
JustinP1 said:
JiggyJaggy said:
No written contract, only an SOR sheet indicating the car details and price etc. Is that good or bad?
And there's nothing on the SOR sheet regarding who pays for what, and how quickly they pay you etc?I'm just astonished that a company that sells high end second hand cars does not have proper paperwork.
In short, the default in your agreement would be that the dealer should pay you your money, in full, immediately, or at very least in a reasonably short time period.
Additionally, unless you agreed that you were paying for repairs for some period of time, I'd also dispute that it's your responsibility to pay for repairs at all. If the dealer wants to be a dealer, then I think they should be covering this cost.
My advice at this stage is to pay them nothing, and go an see a solicitor. My angle would be to formally request your money back in full in the next seven days, and reject that you are responsible for seemingly unlimited repair costs after sale, or at all.
Otherwise it's a great ruse isn't it:
Sell a customers car - so you don't have to use your own money financing it.
Sell it for more than agreed - don't tell the customer, keep that ourselves.
Sell them a warranty - some more margin there, and it covers our legal requirement as a dealer to effect repairs.
And if it does go wrong - don't use the warranty, use our own garage, and charge the full whack (plus VAT) back to the customer, so we get paid yet again!
JustinP1 said:
And there's nothing on the SOR sheet regarding who pays for what, and how quickly they pay you etc?
I'm just astonished that a company that sells high end second hand cars does not have proper paperwork.
In short, the default in your agreement would be that the dealer should pay you your money, in full, immediately, or at very least in a reasonably short time period.
Additionally, unless you agreed that you were paying for repairs for some period of time, I'd also dispute that it's your responsibility to pay for repairs at all. If the dealer wants to be a dealer, then I think they should be covering this cost.
My advice at this stage is to pay them nothing, and go an see a solicitor. My angle would be to formally request your money back in full in the next seven days, and reject that you are responsible for seemingly unlimited repair costs after sale, or at all.
Otherwise it's a great ruse isn't it:
Sell a customers car - so you don't have to use your own money financing it.
Sell it for more than agreed - don't tell the customer, keep that ourselves.
Sell them a warranty - some more margin there, and it covers our legal requirement as a dealer to effect repairs.
And if it does go wrong - don't use the warranty, use our own garage, and charge the full whack (plus VAT) back to the customer, so we get paid yet again!
No Nothing on the SOR sheet, it is simply a 1 page info sheet with contact details and confirmation of the pricing and commission structure. I have requested the MD call me tomorrow. I now have it in writing from the dealership that they sold the car for £40,493 plus £500 warranty to the customer. However I have it in writing from the purchaser that they have purchased the car for £41,273 plus £1,000 warranty. The warranty is not my concern, but they have cheated me out of £773 for the car. I'm just astonished that a company that sells high end second hand cars does not have proper paperwork.
In short, the default in your agreement would be that the dealer should pay you your money, in full, immediately, or at very least in a reasonably short time period.
Additionally, unless you agreed that you were paying for repairs for some period of time, I'd also dispute that it's your responsibility to pay for repairs at all. If the dealer wants to be a dealer, then I think they should be covering this cost.
My advice at this stage is to pay them nothing, and go an see a solicitor. My angle would be to formally request your money back in full in the next seven days, and reject that you are responsible for seemingly unlimited repair costs after sale, or at all.
Otherwise it's a great ruse isn't it:
Sell a customers car - so you don't have to use your own money financing it.
Sell it for more than agreed - don't tell the customer, keep that ourselves.
Sell them a warranty - some more margin there, and it covers our legal requirement as a dealer to effect repairs.
And if it does go wrong - don't use the warranty, use our own garage, and charge the full whack (plus VAT) back to the customer, so we get paid yet again!
I did not agree at any point for the repairs to the car. And i constantly asked in writing what was going on (in wiring and on the phone) with no response. In my eyes it is not my responsibility to pay for the works/repairs, I sold the car as a used car and all various inspections and viewings were done accordingly.
JiggyJaggy said:
I now have it in writing from the dealership that they sold the car for £40,493 plus £500 warranty to the customer. However I have it in writing from the purchaser that they have purchased the car for £41,273 plus £1,000 warranty. The warranty is not my concern, but they have cheated me out of £773 for the car.
I did not agree at any point for the repairs to the car. And i constantly asked in writing what was going on (in wiring and on the phone) with no response. In my eyes it is not my responsibility to pay for the works/repairs, I sold the car as a used car and all various inspections and viewings were done accordingly.
My advice at this point would actually be to not talk to them on the phone.I did not agree at any point for the repairs to the car. And i constantly asked in writing what was going on (in wiring and on the phone) with no response. In my eyes it is not my responsibility to pay for the works/repairs, I sold the car as a used car and all various inspections and viewings were done accordingly.
When you are dealing with someone who has proven themselves to be slippery, a phone call can be seen by them as something they don't have to stick to anyway, or something less formal.
I'd also keep the fact that you know that they have been dishonest close to your chest as well. The reason for that is you need to play out the endgame here:
Do you think that with a phone call and a polite letter from you the dealer is going to pay for the repairs themselves, and give you back your 20%, and the additional £700?
If not, you need to get your ducks in a row for the next step, which will be getting a solicitor, which tells them legal action is next. I'd allow them to put in writing, and lie about the sale figures, with the knowledge that there may very well be a time where you are planning towards a court hearing.
If they were to put in their defence that they sold the car for X, and you have a witness statement from the buyer telling otherwise, then not only will nothing they state be believed, they can actually get in trouble.
You don't have to exchange your evidence until a week or two before the hearing, with that 'in the bag', they will surely settle so they can avoid the hearing.
Anyway, that's the backup plan. My guess is a strongly worded letter from a solicitor will get your money back.
Update:
Can anyone suggest a good law firm for this type of thing? I know how all the documented proof I need and the company director is stating he doesn't feel his firm have to pay for the works and are categorically stating they sold the car for £40,500 when I have proof it was sold for £41,273. I think now is the time to put this in solicitors hands.
Any help would be most appreciated.
Can anyone suggest a good law firm for this type of thing? I know how all the documented proof I need and the company director is stating he doesn't feel his firm have to pay for the works and are categorically stating they sold the car for £40,500 when I have proof it was sold for £41,273. I think now is the time to put this in solicitors hands.
Any help would be most appreciated.
Guys anyone able to help with this. I have spoken to the Director who has suddenly realised they sold the car not for £40,500 but for £40,993. Even though I know it was sold for £41,273. He is not willing to pay for all of the works given I gave no authority to carry out the works, and has agreed to pay for half of the works.
I would have let this slide, however I the fact that have to skim an additional £750 on top of the real price of my car leaves me in no position other than to seek legal advice. Its simply the principle of the situation given that I would not like myself or anyone in the future to be at the receiving end of their unscrupulous dealings.
Thoughts?
I would have let this slide, however I the fact that have to skim an additional £750 on top of the real price of my car leaves me in no position other than to seek legal advice. Its simply the principle of the situation given that I would not like myself or anyone in the future to be at the receiving end of their unscrupulous dealings.
Thoughts?
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff