Can they do this, is it legal.
Discussion
Quattromaster said:
joewilliams said:
Isn't it standard advice to retorque wheel nuts after a few hundred miles? It seems to be written on every tyre fitters invoice; is it on yours?
Yes, it is.joewilliams said:
Quattromaster said:
joewilliams said:
Isn't it standard advice to retorque wheel nuts after a few hundred miles? It seems to be written on every tyre fitters invoice; is it on yours?
Yes, it is.Anyone work for RR on here and can confirm this?
Unless the contract between you and the dealer includes provisions to allow them to set off sums they claim are owed to them against sums owed to you ( and I doubt there is provision for set-off) thy cannot do it.
It is a simple debt claim - unless they have valid reason to withhold payment. Which they don't.
MCOL will probably suffice for a debt claim.
Then if they don't pay, winding up petition.
It is a simple debt claim - unless they have valid reason to withhold payment. Which they don't.
MCOL will probably suffice for a debt claim.
Then if they don't pay, winding up petition.
Holywow said:
Take on as much work as you can from them EG. 10 sets of wheels and keep them until they pay your invoice. That'll give them something to consider. Tell them if they want the wheels back then they need to pay in advance from now on.
As the non-legal option, I like that - as they will have customers screaming for their wheels.Quattromaster said:
The vehicle did have a new car PDI inspection in the 2 days between us doing wheels, and customer taking delivery, the dealer say this inspection does not include removing the alloys, so saying we were the last to touch them.
Bingo. I'll wager that they messed up and are pinning it on you - just as they pinned the other outfit's shoddy work on you. You could get someone to ring up and innocently ask 'On the pre delivery inspection you do take the wheels off to check the brakes properly don't you?' and I'll bet they say yes. Is the list of checks written down anywhere? - useful evidence.johnfm said:
Unless the contract between you and the dealer includes provisions to allow them to set off sums they claim are owed to them against sums owed to you ( and I doubt there is provision for set-off) thy cannot do it.
It is a simple debt claim - unless they have valid reason to withhold payment. Which they don't.
MCOL will probably suffice for a debt claim.
Then if they don't pay, winding up petition.
Or escalate to High Court and a bailiff will take walking posession of one of their shiny new Range Rovers from the large choice on display... that will open their wallet quickly enough.It is a simple debt claim - unless they have valid reason to withhold payment. Which they don't.
MCOL will probably suffice for a debt claim.
Then if they don't pay, winding up petition.
Quattromaster said:
The vehicle did have a new car PDI inspection in the 2 days between us doing wheels, and customer taking delivery, the dealer say this inspection does not include removing the alloys, so saying we were the last to touch them.
Irrespective of whether or not the wheels are removed as part of the PDI, the important question is; are the wheel bolts checked as part of PDI?
Quattromaster said:
Mandat said:
Irrespective of whether or not the wheels are removed as part of the PDI, the important question is; are the wheel bolts checked as part of PDI?
http://www.fullfatrr.com/gallery/albums/userpics/10009/Evoque%20PDI.pdfNo 18 on the list says yes, they should be checked.
Print it off and pay them a visit.
It should be an interesting conversation.
Without pointing out the blindingly bloody obvious....
This customer has reckoned on you being a softer touch than your insurer.
That's why the letters went unanswered.
That's why they're thinking you'll just suck it up.
They knew full well that the insurer would tell them to get stuffed.
Honestly? Customers like that aren't worth it. Move on, find a bigger and better one, you'll realise later you had a lucky escape.
This customer has reckoned on you being a softer touch than your insurer.
That's why the letters went unanswered.
That's why they're thinking you'll just suck it up.
They knew full well that the insurer would tell them to get stuffed.
Honestly? Customers like that aren't worth it. Move on, find a bigger and better one, you'll realise later you had a lucky escape.
maser_spyder said:
Honestly? Customers like that aren't worth it. Move on, find a bigger and better one, you'll realise later you had a lucky escape.
Exactly this. I think everybody in business has had a customer before now that you've bent over backwards for & gone way above & beyond what you would expect. It's only when you look at the figures and the time you spend looking after them you realise that they aren't actually worth keeping & your time would be better spent chasing new prospects.
This might sound harsh, so please don't take it the wrong way, but they don't give a s
t about your company. There will be companies lining up to deal with them - let them. Do the Moneyclaim thing & when it goes pear-shaped with their new cheap supplier they'll probably come back to you anyway.Go after them and don't worry about them not using you again they have already proved that they will go elsewhere but you do need to keep an eye on your invoicing and terms,, £4200 is an awful lot of wheels to come from one dealer without you being paid , set a credit limit for each customer and ask for payment regually
Good advice offered so far.
Make sure you add into any contracts/po's etc etc that it's the customers responsibility to check nuts after manufacturers x miles etc etc.
If you do a lot with one customer, get a contract, include payment terms, credit limit, and something for no right of set off for any disputes, such as this. (I am not in any way saying they have right of set off, but this vexatious claim is causing your withhold)
Enjoy sorting out getting your money back, I am sure you will get it back in time, and with interest.
Make sure you add into any contracts/po's etc etc that it's the customers responsibility to check nuts after manufacturers x miles etc etc.
If you do a lot with one customer, get a contract, include payment terms, credit limit, and something for no right of set off for any disputes, such as this. (I am not in any way saying they have right of set off, but this vexatious claim is causing your withhold)
Enjoy sorting out getting your money back, I am sure you will get it back in time, and with interest.
Good advice offered so far.
Make sure you add into any contracts/po's etc etc that it's the customers responsibility to check nuts after manufacturers x miles etc etc.
If you do a lot with one customer, get a contract, include payment terms, credit limit, and something for no right of set off for any disputes, such as this. (I am not in any way saying they have right of set off, but this vexatious claim is causing your withhold)
Enjoy sorting out getting your money back, I am sure you will get it back in time, and with interest.
Make sure you add into any contracts/po's etc etc that it's the customers responsibility to check nuts after manufacturers x miles etc etc.
If you do a lot with one customer, get a contract, include payment terms, credit limit, and something for no right of set off for any disputes, such as this. (I am not in any way saying they have right of set off, but this vexatious claim is causing your withhold)
Enjoy sorting out getting your money back, I am sure you will get it back in time, and with interest.
Well, I called the accounts dept this morning and got them to send me a copy of my "invoice", as you can see it's very detailed (not) and further highlights my thoughts that they have just plucked the figure out of thin air.
I then called my insurance company, who as I thought said they cannot do anything until the dealership get in touch, they suggest I tried to call them.
I then called, and left 3 messages for the head of business to call me, nothing as yet, I know he was in as spoke to someone at dealership in the morning when they called to book 10 wheels in for tomorrow.
Let's see what tomorrow brings.
I then called my insurance company, who as I thought said they cannot do anything until the dealership get in touch, they suggest I tried to call them.
I then called, and left 3 messages for the head of business to call me, nothing as yet, I know he was in as spoke to someone at dealership in the morning when they called to book 10 wheels in for tomorrow.
Let's see what tomorrow brings.
Edited by Quattromaster on Monday 2nd December 21:19
Yep.
Surely they cannot deduct payment from one invoice to settle another?
Collect wheels and then sit on them until the outstanding invoices are paid (providing they are outside of the terms). If no payment start proceedings.
Wait till it goes to court then present your PDI information stating that it should have been checked and that you advise the nuts are checked after X miles. Also, EVERY time I have had wheels fitting then advise to check wheel nuts within X miles.
Might be worth putting on your delivery tickets when returning wheels in future so you're fully covered.
Had similar with a previous company I worked at, they were so short of cash they sat on money until people either started proceedings or had a service they needed. Invoices were paid instantly then!
Surely they cannot deduct payment from one invoice to settle another?
Collect wheels and then sit on them until the outstanding invoices are paid (providing they are outside of the terms). If no payment start proceedings.
Wait till it goes to court then present your PDI information stating that it should have been checked and that you advise the nuts are checked after X miles. Also, EVERY time I have had wheels fitting then advise to check wheel nuts within X miles.
Might be worth putting on your delivery tickets when returning wheels in future so you're fully covered.
Had similar with a previous company I worked at, they were so short of cash they sat on money until people either started proceedings or had a service they needed. Invoices were paid instantly then!
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