Advice re: Warranty & Dealer issues on DB7 Volante
Discussion
Have just read the link on the AMOC forum which someone has posted and sorry to hear of all this unnecessary grief you are having.
When a car trader as opposed to a private individual sells a car it comes with 6 months warranty under the Sale of Goods Act 1979 (not 3 which is a common misconception). If you Google the act, you should find a simplified explanation by Which magazine.
First port of call is the Trading Standards for the area in which the car was sold. You can get this from their website map.
Second, as already mentioned is a recorded signed for letter detailing the faults and a requirement for them all to be fixed within a specified time. 10 working days is reasonable. Keep ALL copies.
Third, if the dealer does not play ball, then issue a county court summons using Moneyclaim Online - this is the government's own court website. This is very easy and extremely simple to use. Do not be put off with tales of woe and huge costs. This service will probably cost £70 from the prices you have stated.
If you can afford to fix the car at your expense having given the dealer all reasonable chance to repair it, then do so and make the claim as at 3 above. While not satisfactory it is cheaper and less stressful than a 6 hour drive to have a fight.
I speak from bitter experience in similar circumstances. The car, a Lexus, had passed a test with 2 knackered front suspension arms. Dealer not interested so issued summons, repaired myself (£500 for parts alone), and went to court. Dealer did not pay up after judgement was awarded so I paid another £80 for a bailiff to recover my costs and expenses - this is not always well publicised. The whole process took 3 months. A week later after threatening to seize all his cars the dealer gave the bailiff £1,100 which he passed to me minus the £80 fee.
I have also successfully sued Thomson, Monarch, Thomas Cook and several customers who failed/refused to pay for work I did for them using Moneyclaim. I have never been out of pocket as a result of this action so please do not be afraid to go down this route.
On another point, had you informed VOSA that the car should not have passed the test due to faulty seat belts, this must be done within 14 days for non corrosion issues, using their appeals form - details are here -
http://www.direct.gov.uk/en/Motoring/OwningAVehicl...
Good luck with it all.
When a car trader as opposed to a private individual sells a car it comes with 6 months warranty under the Sale of Goods Act 1979 (not 3 which is a common misconception). If you Google the act, you should find a simplified explanation by Which magazine.
First port of call is the Trading Standards for the area in which the car was sold. You can get this from their website map.
Second, as already mentioned is a recorded signed for letter detailing the faults and a requirement for them all to be fixed within a specified time. 10 working days is reasonable. Keep ALL copies.
Third, if the dealer does not play ball, then issue a county court summons using Moneyclaim Online - this is the government's own court website. This is very easy and extremely simple to use. Do not be put off with tales of woe and huge costs. This service will probably cost £70 from the prices you have stated.
If you can afford to fix the car at your expense having given the dealer all reasonable chance to repair it, then do so and make the claim as at 3 above. While not satisfactory it is cheaper and less stressful than a 6 hour drive to have a fight.
I speak from bitter experience in similar circumstances. The car, a Lexus, had passed a test with 2 knackered front suspension arms. Dealer not interested so issued summons, repaired myself (£500 for parts alone), and went to court. Dealer did not pay up after judgement was awarded so I paid another £80 for a bailiff to recover my costs and expenses - this is not always well publicised. The whole process took 3 months. A week later after threatening to seize all his cars the dealer gave the bailiff £1,100 which he passed to me minus the £80 fee.
I have also successfully sued Thomson, Monarch, Thomas Cook and several customers who failed/refused to pay for work I did for them using Moneyclaim. I have never been out of pocket as a result of this action so please do not be afraid to go down this route.
On another point, had you informed VOSA that the car should not have passed the test due to faulty seat belts, this must be done within 14 days for non corrosion issues, using their appeals form - details are here -
http://www.direct.gov.uk/en/Motoring/OwningAVehicl...
Good luck with it all.
Yes, I did it myself. There is more to the story but it is a classic case of a rip off dealer. They had it tested and it actually failed on the suspension arms. Obviously they were too expensive to replace so the dealer gave me a nicely forged certificate freshly printed off just for me. I always check MoTs on the website so it came up immediately.
If you do go down the DIY route in the courts I can assure you it is really very simple and you definitely do not need a solicitor. The info you need is on the forms and on the website. I have been in the courts several times now and on each occasion when you tell your story, the judge (no robes or wigs here BTW) will invariably help you. In the Monarch case he got a right strop on with their solicitor from London and it was obvious he had made his mind up from the pre-trial evidence. It is vital you copy everything and I would copy any negative info from the dealer's site that SteveP has found on the Jag section. As they say at Tesco, "Every little helps".
Keep the pressure on him - he is hoping you will go away. But i would not advise dumping the car on him, much as it would be sooooo satisfying. If it went to court later that might not be viewed too kindly. So long as you are reasonable you will do better.
If you do go down the DIY route in the courts I can assure you it is really very simple and you definitely do not need a solicitor. The info you need is on the forms and on the website. I have been in the courts several times now and on each occasion when you tell your story, the judge (no robes or wigs here BTW) will invariably help you. In the Monarch case he got a right strop on with their solicitor from London and it was obvious he had made his mind up from the pre-trial evidence. It is vital you copy everything and I would copy any negative info from the dealer's site that SteveP has found on the Jag section. As they say at Tesco, "Every little helps".
Keep the pressure on him - he is hoping you will go away. But i would not advise dumping the car on him, much as it would be sooooo satisfying. If it went to court later that might not be viewed too kindly. So long as you are reasonable you will do better.
Negative info on dealers site?
Jag section?
Feel free to woosh
ETA: Just tried the search below, no avail as it just times out.
Could someone who knows it works, PM me a link please?
Not sure if it's works firewall or what, but struggling to find results on search function.
Thanks,
Jag section?
Feel free to woosh
ETA: Just tried the search below, no avail as it just times out.
Could someone who knows it works, PM me a link please?
Not sure if it's works firewall or what, but struggling to find results on search function.
Thanks,
Edited by NotDave on Thursday 11th October 08:35
StephenP said:
Not sure if you have already done so but try a search on Pistonheads for 'xxxx independent' (replacing xxxx with the dealers first name) ...
Assuming it is the same people, there is a thread in the search results, under the Jaguar section, which suggest aftersales service my not be their strong point.
On the plus side, if it is the green/parchment i6 I found via Google as previous for sale with them, it looks very nice!
Hopefully the poor performance of a single dealer doesn't taint your parents view of the AM brand as there are plenty of good service companies out there ...
Completely missed this one sorry! (perks of iPhone use)Assuming it is the same people, there is a thread in the search results, under the Jaguar section, which suggest aftersales service my not be their strong point.
On the plus side, if it is the green/parchment i6 I found via Google as previous for sale with them, it looks very nice!
Hopefully the poor performance of a single dealer doesn't taint your parents view of the AM brand as there are plenty of good service companies out there ...
I will check when I get to work.
Re: the car, it's a 98 iirc green volante, 13k miles from new
NotDave said:
Completely missed this one sorry! (perks of iPhone use)
I will check when I get to work.
Re: the car, it's a 98 iirc green volante, 13k miles from new
Sounds like the same car I found via Google ... and so seems to confirm I also had the right dealer. I will check when I get to work.
Re: the car, it's a 98 iirc green volante, 13k miles from new
When you get the search to work (and PH search is flaky at the best of times!) you'll find some similar experiences in the Jaguar section in reply to a "has anyone bought a car from xxxx" topic ...
StephenP said:
Sounds like the same car I found via Google ... and so seems to confirm I also had the right dealer.
When you get the search to work (and PH search is flaky at the best of times!) you'll find some similar experiences in the Jaguar section in reply to a "has anyone bought a car from xxxx" topic ...
Yeah I found some.When you get the search to work (and PH search is flaky at the best of times!) you'll find some similar experiences in the Jaguar section in reply to a "has anyone bought a car from xxxx" topic ...
If you wish to clarify further, the XK8 father traded, is now on their site in BRG with cream leather. Private plate is 3 on it still, 3 letters and some numbers. (VPP)
The story continues, last night they wouldnt speak to father, so mother rang, straight through. Father grabs phone so explained how he wishes to proceed.
Also discovered that the dealer sent the paperwork off to the DVLA wrong, as he couldn't find the log-book......... Its in the service book........ That they put in the boot of the wrong car.
So now the private plate is stuck on the xk8, which if they sell first, father will lose, despite it's value. NOT IMPRESSED.
This has all been explained to them again, father was told he didn't know what he was on about.... He does. He's a car person. (not internet though)
So now they're promising to sort somethings......... But it's hard work.
JCT600 who are AML dealer in Leeds (nearest to us) have been brilliantly helpful mind. As have the local prestige place, who's labour rate of £50 per hour, was agreed as more than fair by XXXX Ltd who decided paying them is easier than shipping the car south.
Despite the fact that JCT600 can supply seat belts with 72hours, and the local prestige chap has quoted 4hours to install and repair the panel damage caused by XXXX......... They're now quibbling the price of the belts, stalling and being obtuse.
NotDave said:
Yeah I found some.
If you wish to clarify further, the XK8 father traded, is now on their site in BRG with cream leather. Private plate is 3 on it still, 3 letters and some numbers. (VPP)
The story continues, last night they wouldnt speak to father, so mother rang, straight through. Father grabs phone so explained how he wishes to proceed.
Also discovered that the dealer sent the paperwork off to the DVLA wrong, as he couldn't find the log-book......... Its in the service book........ That they put in the boot of the wrong car.
So now the private plate is stuck on the xk8, which if they sell first, father will lose, despite it's value. NOT IMPRESSED.
This has all been explained to them again, father was told he didn't know what he was on about.... He does. He's a car person. (not internet though)
So now they're promising to sort somethings......... But it's hard work.
JCT600 who are AML dealer in Leeds (nearest to us) have been brilliantly helpful mind. As have the local prestige place, who's labour rate of £50 per hour, was agreed as more than fair by XXXX Ltd who decided paying them is easier than shipping the car south.
Despite the fact that JCT600 can supply seat belts with 72hours, and the local prestige chap has quoted 4hours to install and repair the panel damage caused by XXXX......... They're now quibbling the price of the belts, stalling and being obtuse.
Obviously you are still trying to find the paperwork that they need, for them still to be talking to you?If you wish to clarify further, the XK8 father traded, is now on their site in BRG with cream leather. Private plate is 3 on it still, 3 letters and some numbers. (VPP)
The story continues, last night they wouldnt speak to father, so mother rang, straight through. Father grabs phone so explained how he wishes to proceed.
Also discovered that the dealer sent the paperwork off to the DVLA wrong, as he couldn't find the log-book......... Its in the service book........ That they put in the boot of the wrong car.
So now the private plate is stuck on the xk8, which if they sell first, father will lose, despite it's value. NOT IMPRESSED.
This has all been explained to them again, father was told he didn't know what he was on about.... He does. He's a car person. (not internet though)
So now they're promising to sort somethings......... But it's hard work.
JCT600 who are AML dealer in Leeds (nearest to us) have been brilliantly helpful mind. As have the local prestige place, who's labour rate of £50 per hour, was agreed as more than fair by XXXX Ltd who decided paying them is easier than shipping the car south.
Despite the fact that JCT600 can supply seat belts with 72hours, and the local prestige chap has quoted 4hours to install and repair the panel damage caused by XXXX......... They're now quibbling the price of the belts, stalling and being obtuse.
NotDave said:
F1 NDW said:
Obviously you are still trying to find the paperwork that they need, for them still to be talking to you?
We found it, where ours should've been.They've been told once all issues are resolved, they can have the book for the blue 99er
michael gould said:
It's such a shame that your mothers whole experience of owning an Aston has been spoilt by these minor (ish) problems.......I hope it gets resolved
It's upsetting to see her upset over something that should be a pleasure.Father has his 2x mercs & s type do this was her nice cars after 30+ years of having the dog-cart.
Tomorrow @ 5pm is D-Day re: warranty
I think I may well be talking to the specialists mentioned re: fobs.
Seatbelts will be local fitted.
Paperwork is the main issue
UPDATE
2x Deadlines have now come and gone.
The company in question are now ignoring ALL CALLS from my mother and father.
As of mid-afternoon today it now became an issue for the Trading Standards, as well as fathers solicitor and will be soon heading for the small claims courts.
> Paperwork has never appeared
> all contact has stopped, and they won't even speak to my parents
> seat belts have not even been priced let alone sent out
Dissaspointing that a so called specialist who states that:
we might not be the cheapest but we are the best and offer high standards of customer service
are indeed, utter s
te.
2x Deadlines have now come and gone.
The company in question are now ignoring ALL CALLS from my mother and father.
As of mid-afternoon today it now became an issue for the Trading Standards, as well as fathers solicitor and will be soon heading for the small claims courts.
> Paperwork has never appeared
> all contact has stopped, and they won't even speak to my parents
> seat belts have not even been priced let alone sent out
Dissaspointing that a so called specialist who states that:
we might not be the cheapest but we are the best and offer high standards of customer service
are indeed, utter s
te.evoivboy said:
does not supprise me, once a crook always a crook
Seems that way.my parents are good/honest/trusting people... Appears in this case that's a downfall.Me, I'm far less trusting, far more cynical and would've been far more brutal in my linguistic dealings and indeed followed up on my veiled threars
NotDave said:
Me, I'm far less trusting, far more cynical and would've been far more brutal in my linguistic dealings and indeed followed up on my veiled threars
I have now become like this after being let down in some way by almost everyone who has ever worked on or sold me a car.Exceptions are Nick Mee's and Bamford Rose - everyone else I have had 'issues' with.
Edited by yeti on Tuesday 16th October 12:05
yeti said:
I have now become like this after being et down in some way but almost everyone who has ever worked on or sold me a car.
Exceptions are Nick Mee's and Bamford Rose - everyone else I have had 'issues' with.
Indeed, I expect the worst......And on my low value stuff NEVER bother with warranty and in fact would rather have a cut price with trade sale.Exceptions are Nick Mee's and Bamford Rose - everyone else I have had 'issues' with.
This way, I know what I'm buying and can choose to use local people I trust and have worked with for years.
For instance the bodyshop that is a 1 man band, with a 4week backlog....... he may not be the quickest, but is damned good and despite being disorganised, is worth the wait.
The "backstreet garage" that can only fit 3 cars in their workshop, will tackle anything I throw at them, ranging from 1960s cars to 200SX with endless modifications. If/When they reach their limit, they'll say: "sorry not our thing". This, I respect.
It says it all, that for a works snotter father has picked up a £795 S-Type jag, 3.0V6, and the guy selling has from the start outline all it's flaws, said why it's cheap and openly admits he's a "home trader" who sells trade ins for pittance. But he's been nothing but amicable and honest........... So if he can be, why can't a "Prestige Dealer" who claim to offer "outstanding service" be anything other than s
te?Blimey, that was a close call. I was going with a friend who had seen the car your parents have.
Now I know who you mean. Another friend was going to buy an XK8 from them but did a bit of research
on the car and found out that it had been badly damaged in an accident. When confronting the salesman
about it, he denied all knowledge. I think you must be dealing with a well known indipendant jag dealer in West Sussex, am i right?
Now I know who you mean. Another friend was going to buy an XK8 from them but did a bit of research
on the car and found out that it had been badly damaged in an accident. When confronting the salesman
about it, he denied all knowledge. I think you must be dealing with a well known indipendant jag dealer in West Sussex, am i right?
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