Dilema.

[GROWLER]

I won't go into the long winded story as to how what why and whatever. 

Quite simply, I sold a car in p/ex to one of my biggest customers nearly 2 years ago.

The car was very troublesome before it went to them, but I finally after 4 weeks, got it fixed under warranty at the main stealer and completed the deal.

The car sat on the forecourt for nearly 12 months, but they finally got someone interested in it this January (09)
Within 200yds on the test drive, the car started playing up again...badly and worse than ever. It's now in 'limp mode', and their mechanics cannot after 10 weary months, get to the bottom of the problem.
The main stealer will only look at it for a cost, which he's not willing to pay.

The boss has been really sarcy with me over the last few months, going on about 'that heap of shit you gave us' etc etc.
Yesterday, I had to go in and do a job for them. whilst there, I asked the boss's sister for a c/q that is owing to me. She said, oh, sorry, he's refused to sign it, and wants a word with you.

I sauntered over, and he initially looked puzzled. "a word"?

Oh yes, that bloody car. I'm losing thousands on it now. I need to get it mot'd and thrown into the auction asap, but I ca't do that until it's fixed and running properly, so I want YOU (me) to go back to the main dealer and threaten them with legal action if they don't fix what they are supposed to have already done, just 100 mile ago...(albeit bearly 2 years ago!)

I went to see them (another customer of mine) and yes, they will look at it and try and fix it, but cannot predict how much it's going to cost...could be thousands, we really don't know.
ECU? Turbo again? Who knows, but it'll be a min. of ?100 just to check it out.
No warranty as the car is now nearly 5 years old, and their remedial work is NOT guarenteed for 2 years.

What do I do?
Tell the selling garage (my customer that I don't want to lose) to get stuffed, as it's NOT legally my car?
I'll then lose him as a long standing customer, OR do I bite the bullet and pay for the repairs, whch could  (and probably will) literally run into hundreds or possibly even thousands!

Basically, I'm backed into a 'moral issue corner', and I don't know what to do for the best.

[Snoopy]

There are times when you have to take a stand ~ Your Garage Owner should be well aware that he and his employees have said "Buyer Beware" to many people over the years. Shame he didn't take his own advice. He bought the car hoping to make a profit. Some you win, some you lose. He should know that if he is in the used car game.

What is for certain is that if he had sold it to you two years ago and you had kept it in your garage ever since he would be saying "Tough Sh*t Mr Growler we don't give a warranty of that length on a car that old".

Frankly I would front him up, tell him he is taking the p*ss and if he wants to stop using you so be it. It will take an awful lot of work to make enough profit out of him to pay for repairs to the car. You could end up working for him for nothing for several years. As for the outstanding cheque ~ that is what the small claims court is for.

You can always find more customers, you do not need to be working your nuts off for nothing at his whim!

In my experience people only take the p*ss if you let them.

[Barman]

^^^^ What he said ^^^^

[Darwins Selection]

^^^^ What he said ^^^^

^^^^ What they said ^^^^

[GROWLER]

The shit hit the fan big time yesterday.

I'm not being paid what I'm owed as a contractor to cover his losses apparently.

I left politely informing him that legally he cannot do that and that I sincerely hope he reconsiders.

The whole episode is a total and utter mess now.
He's stuck with a crock that is going nowhere, and I'm on the verge of losing a long standing customer who I've got on with very well until now.
I'm being called 'all sorts' for my uncaring nature after he 'looked after me', and did me a favour' ...apparently.

I asked what he'd have done if I'd just been some punter off the street, and he replied that 'he wouldn't have done the deal in the first place'
I prompted him three times to explain the reason for that, and he childishly kept replying...'because I wouldn't' in ever increasing tones of anger.

The guy is playing with my emotions, trying to make me feel guilty.
I'm sick as a dog with the whole thing tbh, and don't know what to do for the best.

What you lot say does make sense, but it just feels so wrong to walk away from it all.
I dunno.

[Nick]

Knowing where it is I could pop in and stir things up 

[GROWLER]

Knowing where it is I could pop in and stir things up 

It'll be water off a ducks back to him. He's your typical very hard nosed arrogant bread headed car salesman/proprieter.

[Nick]

I could offer to buy it

[GROWLER]

I could offer to buy it

The duff car or the garage?

[Nick]

Car. Then Trading Standards 

[Darwins Selection]

Car. Then Trading Standards 

I rather like that idea young Nick.

My kind of sneaky, have a clap. 

[GROWLER]

Car. Then Trading Standards 

It's 'off sale' now, gathering moss and leaves 'round the back. Been there since February. Pitiful sight tbh.

[Pirate]

Growler, you're a despicable bastard for setting him up like that. A customer of yours to boot.

Ahem...I myself have a 'reliable car' that needs moving on. Just where is is this gullible dealership? 

[Uncle Mort]

My opinion:

You say he's a long standing customer who you've got on with very well until now. I'd say he's been abusing your good nature and has probably been taking advantage of you for years. Enough is enough, I'd take him to court for all the monies owed and make it known to all the trade in your area why.

[Pirate]

Before I made my last post, I forgot we were in The Commons and therefore have to be 'serious'

Growler...only you can resolve this. Only you know how much this customer spends with you each month. Can you afford to lose his custom in these times. If you can, then ditch him. Send him another invoice and add:


Dear (customers name)

RE UNPAID OVERDUE INVOICES TOTALLING ?1000.00

I am disappointed to note that you have not paid the outstanding overdue monies owed to me for the work I have carried out for you. A statement is enclosed.

Please pay now.

If payment is still outstanding 10 days after this date of this letter, we will unfortunately have to charge you administration charges of ?47.00, plus interest at 8% over Bank of England published Bank rate. This will be calculated on a daily balance basis from the due date of the invoice until the last day of the last month. Interest will continue to accrue on a daily basis.

These charges are in line with UK legislation under the EU Directive for the regulation of Commercial debt. You can only avoid these charges by paying the outstanding overdue invoices now.

I trust that this matter can be resolved amicably, without the need for legal proceedings.

Yours sincerely etc etc

If you cannot afford to lose his custom then you must get together and discuss the matter and hopefully resolve the matter amicably. It may be in both your interests to do it this way, before the matter is dealt with legally.