Main dealer has written car off

[zedstar]

I think I've read through the thread and below could be a simple version,

Dealerships driver crashed customers care whilst bringing it back after a service
Dealership rather surprisingly want paying for the service still even though none of the products ever got to the end customer (oil/filters etc)
Dealership think customer should accept trade value for the car and buy another one at retail
Dealership/pseudo solicitor say 'take what we're offering and give us our loan car back'
Customer has to take advice and stand ground to get a better valuation
Final payout still below par
Without GAP customer would be out of pocket
Driver now messaging customer of facebook with pointless comments

If the above is about it then this dealership is really letting the side down - please OP get the police involved, data commissioner also and involve the manufacturer head office in every correspondence and reference the DP in every bit of it also. Its just appalling in every way.

[BertBert]

zedstar said:

I think I've read through the thread and below could be a simple version,

Dealerships driver crashed customers care whilst bringing it back after a service
Dealership rather surprisingly want paying for the service still even though none of the products ever got to the end customer (oil/filters etc)
Dealership think customer should accept trade value for the car and buy another one at retail
Dealership/pseudo solicitor say 'take what we're offering and give us our loan car back'
Customer has to take advice and stand ground to get a better valuation
Final payout still below par
Without GAP customer would be out of pocket
Driver now messaging customer of facebook with pointless comments

If the above is about it then this dealership is really letting the side down - please OP get the police involved, data commissioner also and involve the manufacturer head office in every correspondence and reference the DP in every bit of it also. Its just appalling in every way.

To benefit whom? The job is done, remuneration paid.

[zedstar]

BertBert said:

To benefit whom? The job is done, remuneration paid.

I see what you mean, I just wonder what happens to the person who is weak, doesn't have people to help/advise etc. Making a fuss means maybe they won't behave that way to the next person.

[threadlock]

voyds9 said:

Well the only way he would have known about the OP's sister is through work, even if it was only her name then that is a breach of GDPR. That puts the dealer back on the hook as it's their responsibility to ensure the data is processed only for the purpose which it was collected.
The data commissioner would love to hear about his.

Err... wouldn't the drivers collecting and delivering the car need to know the owner's details in order for them to ...err... do their job? How exactly would telling the driver the name of the owner be a breach of GDPR? Genuinely curious.

[TwigtheWonderkid]

zedstar said:

Dealerships driver crashed customers care whilst bringing it back after a service

I haven't read back thru the thread, but from memory, didn't it come to light that it was a non fault accident, and the dealership driver was hit by another vehicle?

Who exactly has contacted the OP's sister, the dealership employee, or the person that crashed into him?

[echazfraz]

threadlock said:

voyds9 said:

Well the only way he would have known about the OP's sister is through work, even if it was only her name then that is a breach of GDPR. That puts the dealer back on the hook as it's their responsibility to ensure the data is processed only for the purpose which it was collected.
The data commissioner would love to hear about his.

Err... wouldn't the drivers collecting and delivering the car need to know the owner's details in order for them to ...err... do their job? How exactly would telling the driver the name of the owner be a breach of GDPR? Genuinely curious.

Wouldn't be the driver knowing the customer's name that would be the issue because, as you say, she'd have given her name and details to the dealer in the course of their transaction and the dealer would be expected to use them for contacting the customer, etc. (this use should still be in their data policy mind).

It's the guy using those details to contact her on Facebook that's the issue - that's not going to be one of the data uses for which she agreed to provide her name and details to the dealer.

[Pegscratch]

echazfraz said:

It's the guy using those details to contact her on Facebook that's the issue - that's not going to be one of the data uses for which she agreed to provide her name and details to the dealer.

Exactly this. I handle systems with a lot of identifying information on it. If I use that information for any purpose other than that which is explicitly identified by the people who gave this information then I would be breaking the law and my employer likely liable.

[xjay1337]

BertBert said:

zedstar said:

I think I've read through the thread and below could be a simple version,

Dealerships driver crashed customers care whilst bringing it back after a service
Dealership rather surprisingly want paying for the service still even though none of the products ever got to the end customer (oil/filters etc)
Dealership think customer should accept trade value for the car and buy another one at retail
Dealership/pseudo solicitor say 'take what we're offering and give us our loan car back'
Customer has to take advice and stand ground to get a better valuation
Final payout still below par
Without GAP customer would be out of pocket
Driver now messaging customer of facebook with pointless comments

If the above is about it then this dealership is really letting the side down - please OP get the police involved, data commissioner also and involve the manufacturer head office in every correspondence and reference the DP in every bit of it also. Its just appalling in every way.

To benefit whom? The job is done, remuneration paid.

So we should ignore harassment, breach of GDPR, etc?

The way the dealer acted throughout was abhorrent anyway - the fact that their (ex?) employee is now directly contacting the person involved is an absolute no no and breaks almost every single rule (both professional and social).

[Pegscratch]

xjay1337 said:

The way the dealer acted throughout was abhorrent anyway - the fact that their (ex?) employee is now directly contacting the person involved is an absolute no no and breaks almost every single rule (both professional and social).

It's fair to say we haven't seen eye to eye on a fair number of subjects, but I find it incredibly odd that someone would try to find a view contrary to this.

At the very least the police and/or employer need to stress that this is singularly the most idiotic thing they could have done, full stop. I don't know as I would have the heart to push further than a talking to, and perhaps would even dissuade any charges being brought - under the explicit guidance that they need to be - in no uncertain terms - crystal clear as to where this course of action ends.

[voyds9]

threadlock said:

Err... wouldn't the drivers collecting and delivering the car need to know the owner's details in order for them to ...err... do their job? How exactly would telling the driver the name of the owner be a breach of GDPR? Genuinely curious.

It wouldn't but the purpose of that information was to deliver/collect the car. Any further use of the same information breaches GDPR

[carinaman]

Chanced upon this news feature, you know how newspaper websites have a sidebar of shame on the right:

https://www.derbytelegraph.co.uk/topics/topic-ches...

Conduct appears similar to that of the driver who crashed the car while it was in for a service.

[ghost83]

Wouldn’t even mess about, go get some legal advice usually half n hour free

They have to put you in the position you were in or better,

[Flumpo]

So hopefully the last update on this.

Sister has phoned and spoken to the manager today and subsequently sent him the messages. Manager phoned back and apologised and explained this shouldn’t have happened and is very sorry and so on. He said the guy would be spoken to in the strongest way. To which sister has said she doesn’t want anything like him being sacked. We all make silly mistakes and she just wants to move on, which we thought had happened.

Dealer has still been shocking in my opinion throughout this. But life is too short to be spending any more of her time on this.

To clear up a question, dealer did subtract the cost of service from final payout. Think it was about £300. Sister took the decision at the time any solicitors fee would make chasing it pointless and just wanted to end it.

Anyway, I’m reluctant to say all’s well that ends well, as it doesn’t really feel like a good ending. Butt she has a new car and can hopefully move on now.

Although, as this is PH the real sour end to the story is she replaced the A class with a Vauxhall Adam.

Thanks for all the replies.

[carinaman]

I thought I heard stalking and harassment being mentioned in relation to the Domestic Abuse Bill. It may've been nice for the police to at least take the details of the FaceBook messages in case the driver does it again in future?

[loskie]

they still charged the £300!?

Please name the garage it's the least they deserve.

[Countdown]

Apologies if noob question - how is it possible to message somebody on FB unless you’re a “friend”? How do you even find them without a significant amount of cyber stalking?

[xjay1337]

loskie said:

they still charged the £300!?

Please name the garage it's the least they deserve.

100% agree.

fking shambles. Name and shame. Google and facebook reviews.
And refer to trading standards!!!!

Not good enough.

[MitchT]

Countdown said:

Apologies if noob question - how is it possible to message somebody on FB unless you’re a “friend”? How do you even find them without a significant amount of cyber stalking?

You can message anyone you like on Facebook unless they've set their privacy settings so they can't be contacted by someone who isn't a friend. As for finding them... doesn't take any stalking at all really. More a case of typing their name in and filtering by location if they don't appear in the initial results, which they probably will if they're local. It's not hard at all.

[Jordan210]

Flumpo said:

So hopefully the last update on this.

Sister has phoned and spoken to the manager today and subsequently sent him the messages. Manager phoned back and apologised and explained this shouldn’t have happened and is very sorry and so on. He said the guy would be spoken to in the strongest way. To which sister has said she doesn’t want anything like him being sacked. We all make silly mistakes and she just wants to move on, which we thought had happened.

Dealer has still been shocking in my opinion throughout this. But life is too short to be spending any more of her time on this.

To clear up a question, dealer did subtract the cost of service from final payout. Think it was about £300. Sister took the decision at the time any solicitors fee would make chasing it pointless and just wanted to end it.

Anyway, I’m reluctant to say all’s well that ends well, as it doesn’t really feel like a good ending. Butt she has a new car and can hopefully move on now.

Although, as this is PH the real sour end to the story is she replaced the A class with a Vauxhall Adam.

Thanks for all the replies.

Can you not report them to trading standards or something. amazing they have the cheek the charge for a service that they may or may not had done and wrote the car off.


Ims sure you all ready know the MD for Merc uk's email is [e-mail]

Edited by Jordan210 on Wednesday 8th July 21:24

[BoggoStump]

Name the garage and lets all leave reviews about them.