More Woes with the QP

[Jkulin]

I didn't take the refund because I couldn't prior to the purchase and since the purchase find a car of the spec I wanted, from what I can determine there were only 3 of that spec sold that year and they have not come up for sale.

The dealer also agreed to fix the Variators, so even if I could find an alternative car, could I be sure the variators had been done, the dealer then sent me a letter stating that the variators had been done, when in actual fact the engine hadn't been touched, so when the finance company stepped in and said they would pay for it to be done, who was I to refuse?

 

[SPX]

I'm very interested in where this all leads, very interested indeed.

From a legal point of view of the trader offered a refund and you refused, and yet you're still chasing them for further works/costs? I don't see how that can play out in your favour?

And if it does turn out you're legally within your rights to keep going back to the trader for "warranty" work (even after the aforementioned offer of refund), I can see the second hand car trade collapsing within a year.

 

[MrMickS]

Only if the second hand dealer is not being honest about what they are selling and whether they will rectify faults found. My read is that the faults were identified and the dealer agreed to fix them. They tried to get away with a cheap botch job, not fulfilling their side of the contract, then tried to get out of it by buying the car back via a refund. Doesn't seem like a very good way to do business.

Hopefully what it will lead to is people being more honest about cars and fewer nasty surprises when you leave the forecourt.

 

[SPX]

Hopefully what it will lead to is people being more honest about cars and fewer nasty surprises when you leave the forecourt.

Just won't happen though and, for the most part, I don't believe that traders knowingly sell faulty cars. Yes, there a plenty of shysters out there masquerading as car dealers selling from the roadside, but I'd say that an established business wouldn't want this sort of headache by choice. My understanding on the new legislation was that the customer shouldn't be out of pocket, so the ultimate final option is to be bought back for what the original price was, as far as I'm aware the law doesn't cover putting a car back to being 100% without fault at full cost to the vendor.

Because I've got friends in the motor trade, I hear the stories of some of the cars, that are absolute piles of **** with multiple problems, that get traded in by part exchange is staggering. How many times do you hear "oh yes, the clutch was on its way out so I part ex'd it" etc? Where do people think those cars end up?

In my experience of swapping my cars at least three times a year I can honestly say that I've had more faults arise within the first fortnight from private sales than I have done buying from traders.

I'm not taking any sides here by the way, it's just as a multiple business owner myself, I can see it from both sides.

 

[Jkulin]

You are not obliged to accept the refund and can insist on the vehicle being repaired, if the dealer doesn't want to do the repair then you can take it elsewhere and charge them for the work. In this case the dealer agreed to do the repair and then confirmed that the variators had been done as can be seen with the attached letter, he then tried to insist that he wanted to refund the car as he had been caught out, by which time he had sold my trade-in and I had spent money on Car tax, petrol taking back and forward to repair, insurance and road fund tax plus my time and not only that I have not found a car to a similar spec and mileage before or since purchasing the car, in effect the dealer claimed that the repair had been done by Gray Paul and when I asked for written confirmation he then let it slip that it hadn't actually been done by them but a mechanic he knew.

The simple matter is that I knew that with everything done correctly and proof that the car would be better than anything else I could find especially as he claimed the variators had been done.







So as you can see, what started as as a straight forward purchase, escalated into something no one could foresee through the dealer telling porkies.

 

[Jkulin]

SPX the problem is as MrMicks mentioned that the dealer agreed to repair the vehicle with the faults found on collecting it from the day of purchase, he never offered a refund then, only that he would fix the car, it was their botched repairs that they thought they could get away with, that caused all the problems.

If they had simply said on collection that we have all these faults and we are going to "Undo" the deal then I would have almost certainly agreed, but they didn't, they just said "We'll fix everything that is wrong with the car, so you take their word at it.

I have photos of the engine after they claimed that the variators had been done showing that the gaskets hadn't ever been touched, see for yourself below, these pictures were when I took it to the Super Car Rooms and they put it on the ramp to see what work had been undertaken: -







Either it is my imagination but those covers and gaskets don't look like they have ever been touched, if I look at the engine now there is blue gasket sealant everywhere and the bolts have been marked with red paint.

 

[SPX]

Please don't think I'm attacking you in anyway John, that's certainly not my intention, I'm just interested in the results of these new consumer laws and how far they reach.

The fact he took your car in part exchange muddies the waters further, it's not a great situation to be in but I hope it all works out for you, it all sounds to be very stressful.

All the best,
Lee

 

[Evo Cymru]

Feel for you on this - right pain by the sounds of it! Off topic but how did you find The Supercar Rooms?

 

[Jkulin]

Hi Lee, last thing I thought of, so please don't worry about that, I don't let idiots like this seller get to me as I know I have the law on my side and some other information about the seller that I won't divulge here but that I know a judge will take great interest in ;-)

Evo, Steve the MD of the Sueprcarrooms is really quite good, the Mechanic Martin seems to know his stuff, I think that they could have kicked a$$ as little more and chased the engineered parts instead of accepting false info, especially as the car was booked in 2 weeks earlier to get the job done in time for a deadline and they then delayed and took 4 weeks to get it sorted, but Steve has offered me a free service which I am appreciative of, I'm reserving judgement at the moment as I now have to take it back to them as there is a leak with the aircon that they reconnected.

 

[Mr K]

Shocking to read about how this dealer treats his customers. That variator issue is well known to anyone digging deeply enough when considering the automatic QP up to 2010 or so. I looked at a couple and costed up replacement at about £3.5k, so your bill is near enough bang on. He could have resolved these issues and still made a little profit in my estimation. He should have just taken the hit. Instead he lies and fobs you off and hopes you'll go away, believing that the car owes him a certain amount of money. Let's see if he publishes your testimonial on his web site!

It'd be interesting to hear what some of the dealers reading this thread think, and how they deal with problem cars that eat their margins. One thing that strikes me is how minimally they check over cars they buy at auction and trade-in. They seem to cover the risk financially, with the spread between trade and retail price. So you can see that the less scrupulous will try to pass on expensive issues to a customer that is unlikely to ever buy a second car from them.

 

[Evo Cymru]

Evo, Steve the MD of the Sueprcarrooms is really quite good, the Mechanic Martin seems to know his stuff, I think that they could have kicked a$$ as little more and chased the engineered parts instead of accepting false info, especially as the car was booked in 2 weeks earlier to get the job done in time for a deadline and they then delayed and took 4 weeks to get it sorted, but Steve has offered me a free service which I am appreciative of, I'm reserving judgement at the moment as I now have to take it back to them as there is a leak with the aircon that they reconnected.[/QUOTE]

Thanks for that - keep us updated on how it goes...

 

[MrPea]

John, I can't believe this! Well, unfortunately I can, but it sucks.

Anyway, the aforementioned dealer should never have underestimated the power of your moustache.

 

[Jkulin]

John, I can't believe this! Well, unfortunately I can, but it sucks.

Anyway, the aforementioned dealer should never have underestimated the power of your moustache.

Yep Stevie, have you been tempted to grow one and join the dark side

 

[MrPea]

Yep Stevie, have you been tempted to grow one and join the dark side

Haha, if mine could be white instead of black... I'd want that wizardry look.

 

[Jkulin]

I posted this in an other part of the forum when I was trying to discover the fault with the suspension: -

Well, I finally got the vehicle back late yesterday and having driven the car today I can confirm that the suspension has been fixed, the costs and rectification are as attached.

The Super Car Rooms claimed that they could not find the fault the first time round even though they acknowledged it was bad, they then claimed that it was now identifiable even though I had only done 264 miles in between time.

I have suggested to them that because it was rushed as they had the vehicle for such a long time that the fault was missed!

Anyway, no more noise and the vehicle feels like a totally different car.

£1129.90 Though!!! And they still charge for checking it over even though they missed it the first time round.

View attachment 37237

I have settled the Bill with the Super Car Rooms and have passed it onto the Finance Company, if they choose (Which I doubt) not to reimburse then I shall commence legal Proceedings against Benz Bavarian and Frixou to recover my repairs and costs and I have no doubt that I will win.

The Parking sensors have magically rectified themselves, I'm glad I captured the errors with Photos, I disconnected the battery for 2 hours then reconnected but the fault was still there, but magically 3 days later when I went to start it the fault has disappeared and has not represented itself again, really weird.

With regards to the interior, I shall take it up to Aldridge trimmings in Wolves and get them to fix, it is not going to be much and I am sick and tired of the Agro.

Thanks fully now there will be closure to it all, I have been without the car for 60 days and in order to facilitate the repairs have travelled over 600 miles.

I would honestly say never deal with Benz Bavarian, they sell by aggression and intimidation not by fairness, trust and helpfulness.

AVOID Like the Plague: -
Felix Frixou - MD
Benz Bavarian Limited
109 Derby Rd,
Duffield
DE56 4FQ

Phone:+44 1332 840272

http://www.benzbavarian.com/

So hopefully I now have one very sorted Quattroporte, in virtually immaculate condition that I can enjoy, thanks for everyone support on here, it has been a long six months +

 

[safrane]

Happy to read you are happy with the car.

I have know of sensors that work fine in the sun but cut out the next day...thats Italian for you.

 

[Jkulin]

Newton mentioned on the other thread about any threats, I had to add this from the other thread as it makes all the cr@p that idiot put me through worth it: -

Newton, there never was any threats from Frixou, he's just a total a$$hole to deal with, typical car sales man, I imagine through the 80's he wore a big gold medallion and dyed his air, reminds me of Boycie off only fools and horses, in fact there is a strange resemblance except the height: -

The real Felix Frixou: -

 

[2b1ask1]

Well that is good to know John, seems that was about all he didn't hurl at you though.

Glad you are mostly sorted anyway.

 

[MrPea]

So pleased it's coming to a conclusion, with you having the right car that you really wanted. Much as I love your Chevy, I really look forward to seeing you again soon, with the QP.

 

[Jkulin]

Well have had to drag this up again now as I have had to take a County Court Claim against this rogue trader.

The fix he did to the interior has not held and has peeled again, so it will now be fixed by a company that I should have insisted on going to them in the first place...Aldridge trimmings (From Car SOS Fame) I've used them before a long time ago and they will strip and fix the interior properly.

I've already had the B pillars recovered, but the door cards was a much more complicated matter as they need to be disassembled carefully.

The parking sensors have continued to present an issue and rather than waste time getting various others to look at it, I have gone straight to a main dealer, but at least I will get the problem fixed with a warranty.

With other expenses and the loss of use of the car for over 60 days, the total claim comes in at over £2600

Someone on here advised that when you apply for judgement to make sure it is enforceable through the high court, can anyone elaborate on that?

Thanks lads.