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James01

Customer claiming misrepresentaion

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1 hour ago, MSP Motors said:

How does one define service history? I sold a car years ago that had full skoda service history and was advertised accordingly.  I had a customer turn up and not buy the car because it was just a service book with stamps in. I  called the garage in front of him, but this was not enough for him as he could not see what work had been carried out. In his opinion, my car didn't have a full service history as there were no invoices, Equally, people have claimed that a fully documented car does not have service history because there is no service book.

If the car has had a service and there is documentation for this, in my opinion, there is a service history. If they were not happy with 1 service then  perhaps they should have                  told you before committing to buy

I'm on the fence a little, I don't think you intended to mislead and for the buyer not to ask at purchase and intact leave it weeks sounds like someone has got in his ear and told him he has been had over...

It shouldn't be this hard to make a living! 

I sold a nice high end mercedes a few years ago in that wonderful auction site fleabay, and it came with a pile of main dealer service history receipts. Buyer paid deposit, then arrived a couple of days later insisting I had duped him - no service book. I never advertised a book, but he said I coukd have just printed the docs up myself! I said we could phone the dealers and he said it could simply be a mate I'm calling. 

Asked for his deposit back. Told him to f-off.

And away he went. Mental. I'd rather have receipts than a book any bugger could stamp up!

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7 hours ago, James01 said:

Hi guys,

some advice would be really appreciated.

Long story short we sold a car to a customer 2 months ago with a lack of service history. The car was serviced locally before it was sold by our garage and in the advert we said the car had 'service history' being the one service that has just been carried out. Not full service history or anything to that effect. We never said to the customer in person it had so either.

The customer viewed the car at our premises and never asked to view the paperwork or any history we did or didn't have.

They are now claiming we misrepresented the vehicle in our advert as one service does not constitute service history. In my mind service history can refer to 1 or 50 stamps. 1 service indicates it has had a service done and therefore has service history.

I also feel if it was so important to them they should have checked it before committing to purchasing the car.

Anyone come up against something like this before?

Thanks

 

 

 

I do this all the time I dont see any wrong doing what so ever. I would get the tracking done and get them on there way. 

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I thought everyone just said the service book was in the post and sent out an envelope with a hole in the bottom ? :lol::lol:

 

If a car has full history I mention it may adverts. If it doesn’t I don’t mention it in adverts but will put just serviced as we will service the car for sale. 

Being clever with customers just leads to grief, we all learn one way or the other. 

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The buyer was Naive, foolish and made the wrong assumptions, exactly what the seller was hoping for.....  IMO.

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22 minutes ago, Linctrader said:

I'm on the fence a little, I don't think you intended to mislead and for the buyer not to ask at purchase and intact leave it weeks sounds like someone has got in his ear and told him he has been had over...

It shouldn't be this hard to make a living! 

I sold a nice high end mercedes a few years ago in that wonderful auction site fleabay, and it came with a pile of main dealer service history receipts. Buyer paid deposit, then arrived a couple of days later insisting I had duped him - no service book. I never advertised a book, but he said I coukd have just printed the docs up myself! I said we could phone the dealers and he said it could simply be a mate I'm calling. 

Asked for his deposit back. Told him to f-off.

And away he went. Mental. I'd rather have receipts than a book any bugger could stamp up!

 

john-bull-printing-set.jpg

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35 minutes ago, Rory RSC said:

I thought everyone just said the service book was in the post and sent out an envelope with a hole in the bottom ? :lol::lol:

 

 

No that's just you :lol:

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39 minutes ago, Tom said:

 

Yes but the way it's interpreted is key. I'm just stating what I would do to avoid such consequences as mentioned above. A lot of people seem to have "problem customers" on this forum I wonder why?!

Tom, its because we have all have to deal with illiterate, moronic, cretinous pond life... If your customers are different to the problematic examples of humans discussed please explain why you are different and what you do to ensure you deal effectively and efficiently with customers who can't communicate without a grunting and wetting themselves :)

These people are adults............they should be educated enough to be able to ask formed questions to be able to make a buying decision prior to handing over their money.....

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1 hour ago, Ocsltd said:

The buyer was Naive, foolish and made the wrong assumptions, exactly what the seller was hoping for.....  IMO.

IMO the seller was naive, foolish & hopeful thinking he would get away with saying a car that had no history prior to sale prep had history. Nice try but the buyer was a bit too cute to fall for it this time. Sellers mistake, again IMO, was leaving the situation too open to interpretation because of poor wording in the advert/on the order form. If it has no history but will get an oil & filter before it goes out just write it down in black and white.

We all know the most important thing in this game is to cover your arse. Customer can easily claim ignorance because they don't deal with cars every day like the supplying dealer does and therefore don't have the same experience. How many punters do you get claiming their part ex has full history because it's been for an MOT every 12 months?!

 

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2 minutes ago, grant8064 said:

IMO the seller was naive, foolish & hopeful thinking he would get away with saying a car that had no history prior to sale prep had history. Nice try but the buyer was a bit too cute to fall for it this time. Sellers mistake, again IMO, was leaving the situation too open to interpretation because of poor wording in the advert/on the order form. If it has no history but will get an oil & filter before it goes out just write it down in black and white.

We all know the most important thing in this game is to cover your arse. Customer can easily claim ignorance because they don't deal with cars every day like the supplying dealer does and therefore don't have the same experience. How many punters do you get claiming their part ex has full history because it's been for an MOT every 12 months?!

 

Well, I don't agree with you at all. If I have a part service history in the future I will continue to advertise as service history...... As that is exactly what it is.

In fact I have just taken a Px in today, it has 3 receipts, no service book and is 10 years old. The very first thing I shall be putting in the advert is 'service history'

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IMO both Arfur & Grant are correct.

The average IQ of the general public must be pitiful judging by some of the dozy, ignorant pigs I’ve come across in my years of trading. Unfortunately to my assessment of the public you can also add dishonestly & many will say absolutely anything to get their own way - they are like toddlers in that respect.

As Grant says I think the seller has tried being smart. If a customer said their p/x had history & they turned-up with one invoice I’d laugh in their face - it’s blatantly taking the piss.

So James01, to summarise I’d say you might as well sack-off your customer but in future treat people how you’d like to be treated yourself. Feel free to tell me to F*** O** :lol:

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5 minutes ago, MSP Motors said:

Well, I don't agree with you at all. If I have a part service history in the future I will continue to advertise as service history...... As that is exactly what it is.

In fact I have just taken a Px in today, it has 3 receipts, no service book and is 10 years old. The very first thing I shall be putting in the advert is 'service history'

If i have something with FULL history it goes on the advert, if its partial history I don't mention it in the advert or promote the fact it has missed some services, come look in the book and at the bills if you want to buy.

I specialise in selling to non-screamers as much as possible so like to minimise issues as much as poss...if it means I sell two fewer lumps a month because I don't promote an eight year old car having 3 stamps then so be it

3 minutes ago, BHM said:

As Grant says I think the seller has tried being smart. If a customer said their p/x had history & they turned-up with one invoice I’d laugh in their face - it’s blatantly taking the piss.

 

Better than trying to be smart...I give them credit for not being a mug!

All comes down to wording but also never assuming your buyer is gonna fall for something.

Might sound controversial, given how the thread has developed, but I would say most of ours are quite well informed and if they don't understand something they know full well that if they ask we won't mug them off with a 'salesman' answer. Do the job once and do it properly IMO. If you're not going to then at least be more careful with how you word something like history.

Oh, and as we all know, if they seem like hassle just don't sell them the car.

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1 hour ago, Arfur Dealy said:

Tom, its because we have all have to deal with illiterate, moronic, cretinous pond life... If your customers are different to the problematic examples of humans discussed please explain why you are different and what you do to ensure you deal effectively and efficiently with customers who can't communicate without a grunting and wetting themselves :)

These people are adults............they should be educated enough to be able to ask formed questions to be able to make a buying decision prior to handing over their money.....

I don't want to teach you how to suck eggs but being open and honest as possible with every car is the obvious way to deal with pond life. All my cars have what history it has in the description so its there in black and white and they can make their own minds up what degree of history it has. 

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In my humble opinion the issues start when the punter gets home and a friend/relative/expert starts a forensic examination of the paperwork

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so to summarise 

i have a car at work that has an invoice in the glove box for new tyres fitted in 1932

should i write in my advert new tyres fitted with invoice to prove?

Edited by s and b

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looking at this from the balance of probabilities, a layman would believe that service history would mean a service history of some standing either by a stamped book or invoices covering a length of time, i would expect the use of the word service history would not necessarily indicate  full service history but a lot more than one very recent service.

so, on this occasion, i rule on the part of the claimant boo hiss :lol:

Edited by have a word with the wife

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8 hours ago, Tom said:

I don't want to teach you how to suck eggs but being open and honest as possible with every car is the obvious way to deal with pond life. All my cars have what history it has in the description so its there in black and white and they can make their own minds up what degree of history it has. 

Tom, I actually take it a step further. I personally video the whole service book, describing every service date and mileage, plus show all the receipts for work (if applicable). If I don’t have history it is fully explained in the video.

I also show the V5, MOT history, advisory information, the Independent PDI and available keys. I do this to be completely, upfront, open and transparent.

I’m not trying to teach you to suck eggs, but my customers are 100% guaranteed no surprises on collection. 

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It seems like it is very much down to how you interpret 'service history' then. 

In our eyes if the customer was unsure they should have asked not assumed.

On our part we never tried to mislead or push our luck, I genuinely thought this is the correct terminology if you have some proof that the car has been serviced. It was not even written in the description but the drop down box on autotrader selected.

Anyhow I will not be doing it again!

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6 hours ago, Arfur Dealy said:

Tom, I actually take it a step further. I personally video the whole service book, describing every service date and mileage, plus show all the receipts for work (if applicable). If I don’t have history it is fully explained in the video.

I also show the V5, MOT history, advisory information, the Independent PDI and available keys. I do this to be completely, upfront, open and transparent.

I’m not trying to teach you to suck eggs, but my customers are 100% guaranteed no surprises on collection. 

That's good :) Can I see the videos or your garage website? 

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2 hours ago, Tom said:

That's good :) Can I see the videos or your garage website? 

Hi Guys

Take note of what Arfur says,one day,I actually stumbled onto his website and I have to say,it is brilliant and he is way ahead of the game.By the way,I do not know Arfur,I am from the other end of the country.

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4 minutes ago, trade vet said:

Hi Guys

Take note of what Arfur says,one day,I actually stumbled onto his website and I have to say,it is brilliant and he is way ahead of the game.By the way,I do not know Arfur,I am from the other end of the country.

Thanks Trade Vet

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2 hours ago, Arfur Dealy said:

Tom, if you need best practice advise join the IMDA. :P

Yes, looks like the "magnificent seven" have ridden off:D

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4 hours ago, Arfur Dealy said:

Tom, if you need best practice advise join the IMDA. :P

No I'm doing fine thanks! 

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16 hours ago, met said:

Yes, looks like the "magnificent seven" have ridden off:D

They are all individually decent guys who are trying to help the industry. You might not agree with it, might not want their services but I think fair play for them trying to make it a better place. 

They have put quite a lot of hard work into something over and above running businesses which may, or may not bring you or I some benefits but give them a break.

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5 minutes ago, Rory RSC said:

They are all individually decent guys who are trying to help the industry. You might not agree with it, might not want their services but I think fair play for them trying to make it a better place. 

They have put quite a lot of hard work into something over and above running businesses which may, or may not bring you or I some benefits but give them a break.

OK, Let's be clear. I never said I don't agree with them or doubted their abilities as business men. All those guys are giants in this industry and good luck to them. I may or may not join, I'm going to see how it all pans out.

Is that OK with you?

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