Main dealer has written car off

Main dealer has written car off

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1ians

398 posts

193 months

Wednesday 8th July 2020
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Speed addicted said:
After all this hassle I would just drop the dealer in it.
That way they’ll have to deal with the idiot driver as well as get reaming for GDPR.
Definitely this.

The_Nugget

646 posts

57 months

Wednesday 8th July 2020
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If this was me, I would be contacting Mercedes HQ/MD with a formal letter of complaint.
I would at least want my £300 back and I would want MB to be aware of the conduct of their dealer and employees.
Then if their action was anything less than satisfying I reckon this is exactly the kind of story the (spit) Daily rags would be interested in...

I’ve had reasonable results emailing direct to various CEO’s of organisations in the past when their companies conduct has been less than ideal. Usually you get a senior person investigating it and people down the chain jumping around.

The employee BTW is a cock, but don’t let that put you off. Most of this is the dealers fault and he is representing a brand,

bad company

18,598 posts

266 months

Thursday 9th July 2020
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BoggoStump said:
Name the garage and lets all leave reviews about them.
Naming the garage is against PH rules which could resin the thread being pulled.

blueg33

35,910 posts

224 months

Thursday 9th July 2020
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Flumpo said:
So hopefully the last update 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.

This really bugs me. The temptation to make sure the world and some good layers know about this would be overwhelming.

AyBee

10,535 posts

202 months

Thursday 9th July 2020
quotequote all
The_Nugget said:
If this was me, I would be contacting Mercedes HQ/MD with a formal letter of complaint.
I would at least want my £300 back and I would want MB to be aware of the conduct of their dealer and employees.
Then if their action was anything less than satisfying I reckon this is exactly the kind of story the (spit) Daily rags would be interested in...

I’ve had reasonable results emailing direct to various CEO’s of organisations in the past when their companies conduct has been less than ideal. Usually you get a senior person investigating it and people down the chain jumping around.

The employee BTW is a cock, but don’t let that put you off. Most of this is the dealers fault and he is representing a brand,
Absolutely this! The dealer has behaved appallingly throughout this and Mercedes deserve to know (not least because your sister is now in a Vauxhall and not a Mercedes so it has hurt the brand).

Pegscratch

1,872 posts

108 months

Thursday 9th July 2020
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AyBee said:
Absolutely this! The dealer has behaved appallingly throughout this and Mercedes deserve to know (not least because your sister is now in a Vauxhall and not a Mercedes so it has hurt the brand).
Bear in mind that the brand cannot particularly force the dealer's hand, and the dealer know that you are way beyond lost to them through their contemptible practice.

I would however be inclined to politely inform the manager of the dealer that you are not happy with the cost of the service being deducted as you didn't receive the service they are charging for as you never received the vehicle back; and that his choice is to pay you or to see who wins out in Small Claims. If it's done online the fee is £25 for less than £300; and not much more as it increases. Depending on financial situation then it might be a good way to get that last pound of flesh out of them; but bear in mind it might need a little effort.

threadlock

3,196 posts

254 months

Thursday 9th July 2020
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voyds9 said:
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
OK so the dealer has given the driver the customer's name and address for reasons that we all surely agree are "fair use". Why would it therefore be the company's problem if the employee uses that information for personal reasons away from work? I can't imagine any court convicting the dealer of a breach of GDPR in this situation, despite the foaming-at-the-mouth demands for justice in this thread. The dealer can't insist that the driver forgets every piece of GDPR-covered information as soon as they finish work for the day hehe

The miscreant driver has acted alone in contacting the OP's sister and the dealer has no involvement or responsibility IMHO. (Would be interested to be proven wrong though.)

Pegscratch

1,872 posts

108 months

Thursday 9th July 2020
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threadlock said:
Why would it therefore be the company's problem if the employee uses that information for personal reasons away from work?
GDPR said:
any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation
GDPR said:
A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller
They're both up st creek under GDPR.

catman

2,490 posts

175 months

Thursday 9th July 2020
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There have been several cases where an employee has done something wrong in their own time which became public knowledge and they were sacked for it, as they couldn't be seen to accept their behaviour.

threadlock

3,196 posts

254 months

Thursday 9th July 2020
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Pegscratch said:
GDPR said:
any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation
Well OK but I'd be amazed if there was a successful prosecution of the dealer.

Pegscratch

1,872 posts

108 months

Thursday 9th July 2020
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threadlock said:
Well OK but I'd be amazed if there was a successful prosecution of the dealer.
That's different. You asked why it would be the dealer's problem. It just is their problem. Them's the rules.

carinaman

21,298 posts

172 months

Thursday 9th July 2020
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When the driver employed by the dealership has crashed the car why are they contacting the former driver of the A-Class Merc. on Social Media and getting arsey?

Another grown up who can't or won't take responsibility for their own failings and conduct.

So arsey driver getting all stalkery and abusive on FaceBook would put it up with it if it was their car that had been written off?

The Merc. dealer has behaved like a bully so it's of little surprise their thinking skills impaired driver is also behaving like a bully.

Ken Figenus

5,707 posts

117 months

Thursday 9th July 2020
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It's clear who the dealer is but unless they have had the refund in full I'd hang back from stating the facts and shocking treatment publically. Its a point of principle that £300 too - and if you win then let the local rag know... They don't deserve our trust or custom.

Meeten-5dulx

2,581 posts

56 months

Thursday 9th July 2020
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Flumpo said:
So hopefully the last update 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.

.
As others have said, I would be fuming about this and demand that they return the cost that was subtracted.
Surely a mesage to MBUK will result in this being resolved?

Particularly after your sister was sympathetic to the knob that contacted her through FB and probaby saved his job despite his terrible behaviour?

I appreciate that there has to be a line drawn somewhere, but to pay for a service and not receive the car back is more than taking the piss.


Speed addicted

5,575 posts

227 months

Thursday 9th July 2020
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Meeten-5dulx said:
I appreciate that there has to be a line drawn somewhere, but to pay for a service and not receive the car back is more than taking the piss.
I agree, it’s a bad situation that’s been made worse by cretins at the dealership. Charging for the service after totalling the car is incredible to me.

I don’t think I’d have been so calm in the same situation and would be out for some form of revenge wether or not it made my situation any better.



Pegscratch

1,872 posts

108 months

Thursday 9th July 2020
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Speed addicted said:
Charging for the service after totalling the car is incredible to me.
Agreed, especially as the costs to the dealership of providing that service are actually very negligible (as you hear all these folks talk about how low margin sales are, and how it's the aftersales stuff that helps keep the shiny showrooms going). Bonkers approach.

Blanchimont

4,076 posts

122 months

Thursday 9th July 2020
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Flumpo said:
So, all paid out and everyone had moved on with their lives.

Or so we thought, sister has in the last hour revived mildly abusive personal messages from the driver who wrote her car off through Facebook.

I won’t repost his messages as I’m on the line of potentially contacting the police.

Why is everything always so complicated!
I'm not sure if this has been said already.
But; how the hell did he get her information? If he's used company data for his own personal reasons, there may be grounds for GDPR recourse too.
GDPR breaches can get mighty messy too.

NewUsername

925 posts

56 months

Thursday 9th July 2020
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I know OP says the family have drawn a line under it now and if theyre after the quiet life then fair play, if it was me i'd be doing everything I could to get my £300 back and the dealer sanctioned by MBUK, I would be straight onto the ICO playing merry hell about GDPR as well.

Jordan210

4,519 posts

183 months

Thursday 9th July 2020
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NewUsername said:
I know OP says the family have drawn a line under it now and if theyre after the quiet life then fair play, if it was me i'd be doing everything I could to get my £300 back and the dealer sanctioned by MBUK, I would be straight onto the ICO playing merry hell about GDPR as well.
Thats actually a good shout. The dealership should now in breach of GDPR.

Pegscratch

1,872 posts

108 months

Thursday 9th July 2020
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Wow, it's almost like the last page didn't happen!