Trader being an arse
Discussion
I bought a Mercedes from a trader (not a dealer) about 5 weeks ago. The car is ok, needed some work doing to it, but I've paid for that myself as its all fairly specialised stuff and I don't want some Kwik-fit-type monkey messing it up.
The trouble is that part of the deal was they would supply me with a spare wheel, which currently the car does not have.
Every time I ring them its always excuses, and they never phone me back (promised to twice). In fact I've just phoned them just now, and had the phone put down on me. I'm sick of the situation, and as a spare wheel will probably cost me over £100 including the tyre, I don't want to pay for this myself.
Whats the best way of getting this resolved?
>> Edited by Parrot of doom on Monday 12th December 14:07
The trouble is that part of the deal was they would supply me with a spare wheel, which currently the car does not have.
Every time I ring them its always excuses, and they never phone me back (promised to twice). In fact I've just phoned them just now, and had the phone put down on me. I'm sick of the situation, and as a spare wheel will probably cost me over £100 including the tyre, I don't want to pay for this myself.
Whats the best way of getting this resolved?
>> Edited by Parrot of doom on Monday 12th December 14:07
Well I just spoke to the 'manager', I was very reasonable and didn't raise my voice. She told me to 'stop going on with myself' and put the phone down after telling me to phone her at 0930 tomorrow.
I'm furious, I almost don't want the wheel from them now. I want to buy one from a dealer and then take the trader to court for the money.
I'm furious, I almost don't want the wheel from them now. I want to buy one from a dealer and then take the trader to court for the money.
Yes, its written down on the 'order' they've given me, which is basically a sheet of A4 paper with their address stamped on the top. It says "Spare Wheel, MOT, HPI".
The cost of a new spare from the Merc dealer is £54 inc VAT, so add another £70 for a tyre and thats a sizeable bill - which I am absolutely determined they are not getting out of.
The cost of a new spare from the Merc dealer is £54 inc VAT, so add another £70 for a tyre and thats a sizeable bill - which I am absolutely determined they are not getting out of.
Formal letter to them pointing out the deal and that they are in breach of contract by not supplying the wheel.
Point out (politely) that unless the matter is resolved within 14days then action will be taken in the small claim court for the cost of a wheel.
Don't for get the phrase at the end "Time is of the essence in this case and reply required by (such and such date)"
One can threaten up to you whether or not one proceeds.
dvd
Point out (politely) that unless the matter is resolved within 14days then action will be taken in the small claim court for the cost of a wheel.
Don't for get the phrase at the end "Time is of the essence in this case and reply required by (such and such date)"
One can threaten up to you whether or not one proceeds.
dvd
Dwight VanDriver said:
"Time is of the essence"
Nice one, I do like a "time is of the essence" case.
To explain what DVD means with his very good advice, if DVD will pardon me putting my 2p in.
If they don't refute that statement and IN WRITING then in law you have said:-
"The specified time and dates in this agreement are vital and thus, mandatory, and what is more "I really really really mean it you absolute bar stewards." Therefore, any delay, reasonable or not, slight or not, will be grounds for cancelling the agreement."
Puts you in VERY strong position legally. Could say more but it would put ideas into the heads of those less scrupulous than the rest.
FiF
sorry DVD just wanted him to know how important that phrase is.
I'm going to phone them tomorrow, like she said, at 0930. No wheel = letter.
I am sick and tired of this stupid bloody idiot giving me excuses all the time. She said "Oh I haven't got time to be bothering with this, phone me tomorrow.....click" Its people like this who give UK businesses such a bad name - I've been self employed for years, if I ever treated a client like this I'd be out of business very quickly.
I am sick and tired of this stupid bloody idiot giving me excuses all the time. She said "Oh I haven't got time to be bothering with this, phone me tomorrow.....click" Its people like this who give UK businesses such a bad name - I've been self employed for years, if I ever treated a client like this I'd be out of business very quickly.
Dwight VanDriver said:
Tsk Fif
No need to rub it in that I should have spent less time with Mary from Lower V in the bike shed and more in class wif you.....
dvd
ah but Mary knew that you are the true obi-wan.
Maybe she felt the force? sorry getting smutty, must be too near demob......
Parrot of doom said:
She said "Oh I haven't got time to be bothering with this, phone me tomorrow.....click"
I'm sure she's right (in a way) - i.e. she's had your money off you and sorting out the wheel is going to cost her rather than close the deal. Therefore, to her, dealing with you is a waste of her time.
IMO 5 weeks is plenty of time to have sorted it, so knock out the letter today and post it anyway. You know she's just going to give you the run-around tomorrow anyway and even if she doesn't there's no harm done as I'm guessing you're not too worried about maintaining an ongoing business relationship with her.
Flat in Fifth said:
"Time is of the essence"
Nice one, I do like a "time is of the essence" case.
To explain what DVD means with his very good advice, if DVD will pardon me putting my 2p in.
If they don't refute that statement and IN WRITING then in law you have said:-
"The specified time and dates in this agreement are vital and thus, mandatory, and what is more "I really really really mean it you absolute bar stewards." Therefore, any delay, reasonable or not, slight or not, will be grounds for cancelling the agreement."
Puts you in VERY strong position legally. Could say more but it would put ideas into the heads of those less scrupulous than the rest.
FiF
sorry DVD just wanted him to know how important that phrase is.
I thought that would only be valid if it was written at the point the contract was made, when the order was placed. Can it be applied retrospectively ?
Dwight VanDriver said:
Formal letter to them pointing out the deal and that they are in breach of contract by not supplying the wheel.
Point out (politely) that unless the matter is resolved within 14days then action will be taken in the small claim court for the cost of a wheel.
Don't for get the phrase at the end "Time is of the essence in this case and reply required by (such and such date)"
One can threaten up to you whether or not one proceeds.
dvd
From my experience with these and similar matters, DvD has it exactly right.
That should do the job. I believe that it is the law that a car should have a spare wheel (?). If so, they have sold an unroadworthy car. The other thing you could go down is to threaten contacting Trading Standards. Traders hate this as TS treat them with mutual hatred, as they will be most likely have a load more hassle from them as well as from you.
If it gets that far, I can give advice in using the Small Claims procedure. It is really easy and about 97% of the time the cases are solved before court.
justinp1 said:
I believe that it is the law that a car should have a spare wheel (?). If so, they have sold an unroadworthy car.
Nope, no spare required either on the road or for the MOT test. Witness the many modern sports cars that now come with Tyre weld rather than a spare....
Its been a godsend as the Tiv roof is a challenge to get into the boot so I removed the spare, chucked in a can of tyre weld and a footpump instead :-)
bigdods said:
I believe that it is the law that a car should have a spare wheel (?). If so, they have sold an unroadworthy car.
Nope, no spare required either on the road or for the MOT test. Witness the many modern sports cars that now come with Tyre weld rather than a spare....
Its been a godsend as the Tiv roof is a challenge to get into the boot so I removed the spare, chucked in a can of tyre weld and a footpump instead :-)
The only regulation is that, if you have a spare in the car during an MOT, it has to meet legal requirements for tread depth etc
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff