More Woes with the QP

CatmanV2

CatmanV2

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I don't believe you can. In fact, as a buyer I don't think you can actually give it up either.
C
 
zagatoes30

zagatoes30

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21,016
Pretty sure dealers can't and as Chris says I suspect even private sale can't anymore but I could be wrong, apparently I often am
 
RobinL

RobinL

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456
zagatoes30 said:
Pretty sure dealers can't and as Chris says I suspect even private sale can't anymore but I could be wrong, apparently I often am
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No you are right. Certain legal obligations remain and can neither be avoided nor reassigned no matter what else you see or do. Most public disclaimers carry the much smaller words that your 'rights are not affected'. Although actually claiming your rights can be more problematic. If it is reasonable to expect that a seller could have known there was a fault then there is a basis for claim and restitution. For a dealer it will be assumed that a car will have been fully checked by a professional ( the dealer) so just about any fault 'should have been known'. For a private individual however the level of knowledge is assumed less, so whilst still liable the excuse 'i didn't know' can still carry some weight.

Jkulin said:
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.
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Mr K said:
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.
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Jkulin said:
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: -

_1198029_caps_150.jpg


The real Felix Frixou: -

3639024.png
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2b1ask1 said:
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.
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rockits

rockits

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9,180
A dealer can do a trade sale to another dealer and is is this a trade sale with no warranty or come back implied. The dealer can't do that to a retail punter though as it means nothing a recourse is certainly an option and available. A dealer writing trade sale on a bill of sale to a retail punter means nothing and doesn't allow them to avoid their legal responsibilities.
 
Jkulin

Jkulin

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983
Just to let you know what is going on with it so far.

We have gone through the first stage of mediation by phone and he offered £750 as his final offer, I said no so we are just waiting for a court date now.

He will have to take a day off as will his salesman and come over to the Wolverhampton courts to defend himself.

I have a really great Solicitor who has been through everything and who has advised that he doesn't have a leg to stand on as the law is firmly with me, he is claiming that I rushed him to collect the car and didn't have a chance to check it out, but what he forgets is that his company had carried out a full service for the previous owner the week before and I have the records for that and he also carried out the MOT for the previous owner, so he can't claim that one, this was all before they even offered the car to me to buy!

There's a whole host of other things that happened that I won't discuss yet until I see him in court and then will report him to the police.

The car on eBay he has had for over 18 months now, not a good sign for his business.
 
Wack61

Wack61

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8,809
I'm glad I spotted it now, I really hope you wipe the floor with him John

It's gone up to 22k in a day !
 
Trev Latter

Trev Latter

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1,213
What a nightmare John, it's certainly dragged out for too long. I really don't understand dealers that do stuff like this. Good reputations are hard enough to come by, so why throw it all away. At least it's comforting to know you're in a good legal position. Good on you for sticking with it.


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SPX

SPX

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271
Good luck with your case John, I hope you get a satisfactory (final!) result.
 
SPX

SPX

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271
RobinL said:
No you are right. Certain legal obligations remain and can neither be avoided nor reassigned no matter what else you see or do. Most public disclaimers carry the much smaller words that your 'rights are not affected'. Although actually claiming your rights can be more problematic. If it is reasonable to expect that a seller could have known there was a fault then there is a basis for claim and restitution. For a dealer it will be assumed that a car will have been fully checked by a professional ( the dealer) so just about any fault 'should have been known'. For a private individual however the level of knowledge is assumed less, so whilst still liable the excuse 'i didn't know' can still carry some weight.
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The technicalities escape me this early in a morning but a car sold via an auction comes under a different banner, so there is less "protection" as it were.

The protection for a private sale is also very minimal to the point of being non-existent, whenever I buy private I'll always tell the seller that as long as the car gets me home I'm not bothered, if it conks out one mile into my journey home I'll be coming back sharpish.
 
MrMickS

MrMickS

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3,962
SPX said:
The technicalities escape me this early in a morning but a car sold via an auction comes under a different banner, so there is less "protection" as it were.

The protection for a private sale is also very minimal to the point of being non-existent, whenever I buy private I'll always tell the seller that as long as the car gets me home I'm not bothered, if it conks out one mile into my journey home I'll be coming back sharpish.
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I thought that about the private sales too. The first Alfa I bought was very ropey when I drove it away. No power, lots of white smoke, turns out it was only firing on two cylinders. Still it was cheap and I learnt a lot about engines fixing it.

Hope things go well John.


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safrane

safrane

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16,904
Hope it all goes well for you...but remember a bird in the hand...

If it gets silly you could be waiting an age for any cash, he could change the company name, bailiffs, instalments etc etc... so if there is a decent settlement in cash take it and move on.
 
Jkulin

Jkulin

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983
Well finally some good news after over a year and half way through the County Court procedures, their solicitors finally persuaded their client to see sense and I have received the final reimbursement of my repairs to the QP.

They wanted me to remove any negative comments that I had made about Benz Bavarian on another site, however that was nothing to do with me and I wouldn't have removed these comments anyway and would quite happily have gone to court.

It's been a long drawn out affair, I really can't suggest that anyone would enjoy dealing with Benz Bavarian and even more-so Felix Frixou, just glad I can now enjoy fully my QP knowing that it has been fully sorted and perfect.
 
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