More Woes with the QP

Friday should have been a great day as I finally got the QP back after a further 4 weeks.

Although the Variators have been fixed, the repair company took an inordinately long time to do so and allowed the sub contractors to drag their feet, when I saw things were getting worse I spoke to the MD who tried his best, but nonetheless nothing quicker materialised.

Car has now been returned with faulty Air Con, so another trip down to them to sort this week, I guess there is a leak after they refitted the Air Con as it was fantastic beforehand?

Anyway, there was still two outstanding issues that the dealer who sold the car to me has refused to sort and has been exceptionally rude to me, on Saturday I went to switch the front parking sensors on as there was a barrier close to where I was parking and it came up with an error that was supposed to have been fixed, so I included that in my letter to them which I emailed this afternoon, copy below: -

Further to our many discussions I am writing to you advising of the current situation with my vehicle that I purchased from you on the 14th December 2015.

The car still has issues that were present upon first purchasing it from Benz Bavarian, Close Finance have been excellent at making good some of the main issues such as the Variators, however there are still three main problems that still exist or have re-occurred as a fault: -

1. As can be seen from the attached image, the parking sensors have failed again despite your company’s assurance that this had been fixed, yesterday when switching on the front sensors which is the first time I had done since receiving the car back from you, the sensors failed and displayed the attached warning error and the sensors have failed to work since.
2. The Front suspension is still knocking over rough ground; I have been advised that this could be a costly repair as it is difficult to trace the actual part causing the knocking without systematically replacing parts. Your Salesman Jason advised that he had discovered the issue when driving the vehicle back from Gray Paul Nottingham and that your company had fixed the issue by replacing a bush.
3. As previously advised the trim to the B Pillar is continuing to peel despite your companies attempts to resolve the issue (Photos attached).

Under the consumer rights act 2015 which came into force on the 1st October 2015 a dealer has once chance to rectify a fault and then it is for the owner to decide to accept further repairs/refunds etc. by the dealer or chose to take the car elsewhere for the fault to be rectified at the originating dealers cost.

Due to the above issues, I have lost faith by allowing Benz Bavarian to make good any further repairs and I intend taking the vehicle into an approved specialist/dealer and asking that they rectify the problems that have not been fixed by Benz Bavarian.

And please before you suggest it, I am under no legal obligation to return the car to you for refund as an alternative to these repairs being carried out.

I will be submitting these repair invoices to Benz Bavarian for payment within 5 working days of the repair invoice being presented to me by my selected repair agents as Benz Bavarian have failed in their obligation to provide a vehicle suitable for its intended purpose and to repair satisfactorily the issues stated above.


This is the reply that I received from the owner: -

You are a very Special case.

If you contact me again,
I will be suing you for wasting my time.
Go to your unbelievable finance company for advice.
If like an annoying fly you persist to push your luck,
make any correspondence
with my family law firm,
Judge Sykes Frixou
Kingsway
London

Our involvement ceased when you were offered your full money back.

I herby refuse to have anything to do with you

I replied back to him with: -

Thank-you for your amazingly intelligent reply.

I will now be contacting trading standards and will if need be commence legal action for recovery of the repairs to the vehicle.

To which he replied: -

Good luck,
Bring it on, it's now personnel.

That's how you respond to
a very special case

I told Alan Goring to watch
You from the outset.
Nice to know I was right.


Again I congratulate you for your ability to terrorise your Finance company.

Alan Goring was the Sales Manager that he told me he was sacking as he was unhappy with the way he handled the repair.

So I now find that I have to contact the Citizens Advice Bureau before I am allowed to talk to the Trading Standards Department, so that is no. 1 job in the morning, I will then have a chat with a number of companies in the morning to see who can diagnose and resolve the problems quickly and efficiently. Then will book the work in and send the invoices for payment and if after 5 days they remain unpaid, then commence County Court Action.

Had this all been resolved amicably then I wasn't going to name and shame but after the rudeness and delays caused by this dealer, he deserves to be named, I have been without the car for 54.5 days in 6 months of ownership.

Dealers like him set a bad example for the good ones out there.

So do I take the car to a MD for the suspension to be fixed or do you think someone like Marios at Autoshield or Shiltech and see if they can diagnose and sort it quickly, the interior I will take to Aldridge Trimmings who have already inspected it and say they can fix quickly for me.





Any of your thoughts would be welcome.

Deary me! I feel for you John

What a bunch of cockwombles......

The response from them really does say it all. I've met you twice and I am a pretty good judge of charachter to know you are a very reasonable person etc. Anyone responding like that clearly has no concept of customer relations and should not be allowed to be in charge of a dealership. A few threads on a forum like this will seriously tarnish their reputation so if you are reading this then you need to seriously consider the matter and how it is being dealt with.

Parking sensors should be a relative easy fix mate, the sensor do fail but again it is under warranty so should be looked at by the seller if within the first 6 months of sale date.

Thanks Phil, what you see is what you get with me, I think I have been exceptionally patient waiting for all of this to be resolved over a 6 month period.

Benz Bavarian sold the car to me and allegedly fixed the problem, however as the unit has totally packed up now I fear that a new Parking Sensor unit will be required, I don't believe they are stupidly expensive, however Benz Bavarian refuse to have anything more to do with me, so the issue will end up in the County Court and as it is a recurrence of the original failures then there should be no argument.

The suspension knock over rough ground is a more complex issue, the company who did the variators say they can't pin point the fault without waiting for the fault to get worse or systematically replace the suspension at the front, thus why I think it might need to go to a suspension specialist or someone who really knows their technical stuff like Marios.

The problem you may have is deciding what is fair wear and tear, if you get as far as court they may decide that a knocking that needs multiple parts replacing to find the problem which then turns out to be a bush could be fair wear and tear on a 6 year old car.

I'd take it to a specialist for them to diagnose and ask for an estimate to pass on to the dealer though it sounds like it'll be in the bin 10 seconds after being opened after reading that reply which was only missing the F U

If you go to court it could get costly as the sum involved could be too large for the small claims court if a refund is a possibility, I'm not sure how it works, whether you're only claiming for the repair cost or if they have to factor in the refund cost if it gets that far.

Got to be honest , I'd steer clear of selling any used exotics if I were a dealer , the profit you make could be eaten up in minutes with faults if you're liable for up to 6 years

It sounds like as a buyer you're covered but who decides what's fair wear and tear

The below text is taken from autotrader

If you want to make a complaint, the most important things to note are that you have to be reasonable and there must be a fault – you can’t just change your mind. Likewise, you can’t ask to change the car if:
The fault you’re complaining about was demonstrated to you before you took delivery
You damaged the car yourself, or
The problem is a result of normal wear and tear
It’s also very important that you complain as soon as possible. In the first six months, the onus is on the retailer to prove car was ‘satisfactory’ when they sold it; but, beyond that, it’s up to the buyer to show that the problem was there at the beginning – and you may need a report from an expert to prove that.

In fact, according to the letter of the law, you can return a car up to six (or five in Scotland) years after you bought it. However, as time goes by, it becomes more difficult to prove that a fault and not wear and tear is the cause of any problem.

When you complain, you’re obliged to give the dealer the chance to rectify the situation. This can include volunteering to fix any problem with the car, offering a full or partial refund or replacing the car.

Throughout the process, keep a record of any communications; and, when you reach agreement, make you sure you get it in writing.

If you decide that what is being offered to you is not enough, you can reject the car, but you must do so within six months of taking delivery; and, you have to give full details of what you’re doing, and why you’re doing it, in writing.

If the dealer won’t accept this, then it may be best to go to the next rung up the ladder. If the dealer is a member of an industry body, such as the Retail Motor Industry Federation or Motor Codes, they may be able to help; and, if not, try talking to the customer relations in the UK head office of the car manufacturer.

If all else fails, you could try taking the relevant person to court, but generally the small claims track (aka the Small Claims Court) only deals with sums of less than £10,000. What’s more, you will have to pay various fees and, of course, there’s no guarantee that you will win the case. For that reason, going to court is really best viewed as a last resort.

What a bugger. Can't really help with how to get it sorted, but I do hope you do

C

What an appalling example of customer service, and to put it in writing as well to a customer this guy needs to be an extra tool. If he doesnt own dealership i.e. Just runs it for someone I would go to the owner for explanation.

Regarding the rules that changed in Oct last year, my understanding is that if you would like to reject the car within 6 months you have to prove fault was there at the time of sale.... If Your salesman goes on record to say he did know about suspension knocking before sale then they have to fix it.

Am I right in thinking another forum member had issues with a Merc purchased from this company !


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I would carry on along the with CAB and Trading standards. However after some dealings with Trading standards last year they seem to be reluctant to get involved unless there are several complaints against said trader.

If it ends up in court assuming you win it doesnt mean you will ever see the money. It is then up to you to enforce the court order. They could fold up and open up under a slightly different name.

Have you got free legal cover with any of your bank accounts, credit cards or insurance policies ? If you have it may be worth getting them involved as it wont cost you anything.

You could also put the cat amongst the pidgeons. Once you have spoken to CAB and trading standards and the independant repair parties and have all the information and costs involved then contact his "family law firm. The reason i suggest this is because he has thrown that in as a scare tactic. If its his family law firm you would think he would know and quote the correct address. They may just share the same name and if he is using their name as a scare tactic they will not be happy to say the least.

If your email to the law firm states your intentions going forwards and your advising them as instructed by their client as per the emails attached.

The end result of your email to them will be contact between the law firm and the trader asking them to confirm they are now acting on his behalf if the answer to that is yes then unless there is a genuine family grace and favour situation then the trader is going to start racking up costs to defend against your justified and pre notified actions.

If he answers no to them then i would suspect he will get a notification to cease from using their name and you will get a notification to say they are not acting on Benz Bavarian's behalf.

If you have free legal cover with any cards or accounts as i mentioned above then i would make them next port of call after CAB and trading standards. Your free legal cover people if you have them will issue the letter to his "family law firm" on your behalf.

Good luck and i hope it all gets resolved for you.

This is truly amazing (in a bad way)
I do hope you get it sorted (though I am not sure how) and you can begin to enjoy a fantastic car.
Or has the whole episode soured it for you?
Not all dealers are the same................

My 10c worth. I'm astounded that anyone in customer service could send a reply as unprofessional as that. If he's not the business owner then write to whoever is, being careful that all communications (including those on this thread) are likely admissable in any future proceedings. Play it straight and don't sink to his level.

Best of luck.

Once you get your CCJ against them (as you will surely get one), pay a little extra and get it enforced by High Court officers (the same blokes as on the programme Can't Pay, We'll take it away).

They are very good, a friend used them with great success. And much quicker than the usual, claim and counter claim.

Massa in Perth said:

My 10c worth. I'm astounded that anyone in customer service could send a reply as unprofessional as that. If he's not the business owner then write to whoever is, being careful that all communications (including those on this thread) are likely admissable in any future proceedings. Play it straight and don't sink to his level.

Best of luck.

Click to expand...

Going off the family law firm he is quoting then its the owner Mr Frixou or its somebody that has access to his email address.

Thanks for all your advice lads,the owner of the company is a Felix Frixou and it is him that is refusing and being an a$$hole.

I have spoken to the Citizen Advice Bureau today and the case has been logged with them, once I come back to them, they will refer the case to trading standards who in the first instance will take it up with the Finance Company as because I had a conditional Sale Agreement it has to be processed through them.

Just spoke to Close Finance and they have asked me this morning to get it fixed by the specialist who did the variators (even though they can't determine the failure on the suspension) and to ask them to fix the parking sensors as well and if the suspension still remains unresolved then it will have to go to a main dealer.

The finance company have been really good and I don't want to put unnecessary pressure on them when they are on my side.

I have free legal cover with the AA and when I spoke to them originally they confirmed I was doing everything correctly. I could use our family solicitor, but there doesn't appear to be any need as I know I am 100% correct in what I am doing.

Just so that everyone is aware, the company details are: -

Felix Frixou - MD
Benz Bavarian Limited
109 Derby Rd,
Duffield
DE56 4FQ

Phone:+44 1332 840272

http://www.benzbavarian.com/

Indeed if it ends up with my having to take them to court then I will and I am fairly sure I will win, I doubt that the repair will go above the ceiling for the small claims court, and yep will certainly escalate it to a High Court Officer.

Thanks Lads.

Yeah I am a little soured but not with the car as I really love the car and with the Larini X-Pipe fitted sounds gorgeous.

I'm just catching up on this thread John & am very sorry to hear of your woes.

I'm glad that it hasn't diminished your experience with the car itself but it is no introduction to the marque that's for sure, I hope that it gets resolved positively very soon.
Good luck

I've just had a look at their website, how on earth can the MD of such a prestige dealer think it's fine to put what he's thinking into words and fire it off like that.

Disgraceful

A few weeks from now he'll be regretting that statement when it gets read out in the small claims court

There are *****, and there are ******* ***** And then, it seems, is this lot.

Good luck!

If you look for a thread I started on a silver QP you'll find a dealer that makes BB look the epitome of politeness. Also, friend of mine who has a bad car buying habit (buys from dealers and trades in regularly) tells me that he's come across a few unpleasant ones. The good ones understand the benefits of repeat business and reputation.

I'd be careful with this one. Reading through his comments he's saying he's offered a full refund which presumably would have put you back in the position you were in before you bought the car. That may be legally significant - I'd check this. Note that the solicitors' firm he refers you to has Belinda Frixou as a senior partner. With a name like that the odds are that she's family. So her letters will be cheap to him and he probably has good advice and is familiar with dealing with awkward and fussy customers (in his view). Note the deliberate typo "it's personnel". A hint of a threat, but deniable.

Thanks Mr K, Yes I have checked many times into the refund and I was not obliged to accept it, I shall do everything by the book.

The new legislation really has helped buyers like me.

Fortunately the small claims courts costs are fixed, so if it comes to it then we shall see him in court.

This guy is really one that deserves the special c word! Good luck.

I don't understand why you didn't take the refund?

What year is the car? Mileage?