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  1. At the risk of repeating myself over and over again During our very first phone call i was nothing but polite and apologetic You said that you felt the bonnet had more stone chip's than you were expecting and i apologised sincerely and i politely asked what would make you happy I told you what our costs would be to paint a bonnet i told the truth the whole truth and nothing but the truth, i sent you a copy of our pricing structure from the paint company to prove my honesty and i sent you the £150 direct to your bank within minutes of our call ending. Having then received no other response until your email arrived the following day i tried to call as i always find it easier to talk in person as emails can be misconstrued so easily but you wouldn't take my calls I tried desperately not to be rude in any way with my email reply and read and reread my response several times I genuinely felt that i had been respectful and we had previously sent customers into lincoln whilst we have carried out repairs to cars and they have always been overjoyed and complimentary of what a lovely place lincoln is to visit so that offer was meant with sincere intentions. We offered in the very first email 1 A full refund 2 3/4 of the cost of a full repair 3 To completely repair at our cost Including fuel money and a free lunch You then emailed to say you had decided you wanted a larger contribution to the cost of painting the bonnet so in the interest of customer service i agreed to send you the extra £112.50 The very next day i received your next email and you had decided this wasnt good enough and you wanted the whole cost Now after all these emails and all this stress you have decided after taking further advice that you will be happy with the £112.50. So upon production of a vat invoice we will gladly send you the £112.50. I have nothing further to add Sincerely Mark
  2. Interesting! All of what i posted above came from the AA mediation legal department Your basically saying the AA dont know what they are talking about? What are your qualifications in law to make such bold statements? Regards Mark
  3. Morning Bank fodder thanks for the response but everyone appears to be missing the fact that under distance selling rules (which does apply to cars) The customer has 14 days to reject the vehicle without a reason and the supplying dealer is required to refund in full and collect the goods 14 days is plenty of time to inspect the vehicle and decide if you feel the vehicle has a fault or isn't as described. You will see from my first email that i made three offers 1 full refund 2 a contribution to the repair cost at the purchasers location 3 repairs carried out by us in full at our location at no cost to the customer. Im sorry but having made these three offers renders all of the previous points in this thread mute. With regards to consumer law and the vehicle being as described im sorry but your response is incorrect I checked with the AA legal team and im pretty sure they know there onions! Firstly it applies to the description of goods supplied Ie, A Vw Golf tsi 1.4 se in white The customer recieved a vw golf 1.4 se in white The car was advertised with stone chips to bonnet The car had stone chips to the bonnet Was the damage concurrent with a vehicle of this age and mileage? For the courts purposes it would be asked if the stone chips were considered concurrent with the age and mileage of the car. So unless someone had deliberately added stone chips to the bonnet of course the chips are concurrent with the age and mileage its a mute argument. Were the stone chips underplayed by us or exaggerated by the customer? (Irrelevant under the circumstances as a refund or repair had already been offered) We spoke at length with the AA legal team on these matters and im pretty sure they know more than we do (unless you happen to be a qualified Solicitor practising in the automotive sector?) And all of it is completely irrelevant as having offered a full refund a free repair or a contribution all of our obligations under law have been met. The AA mediators exact words were you appear to have gone above and beyond and we are one of a handful of the AA approved dealers that previous to this have never had a single complaint lodged against them Regards Mark
  4. Hi Bank Fodder Thankyou for taking the time to reply in such detail We always go above and beyond for all our customers and this is the first customer in over 2000 cars that we have been unfortunately unable to keep happy If you dont mind i would just like to clarify a few points 1: Section 75 covers you for the entire purchase amount even if you only pay a £10 deposit with the card We actively encourage every customer to use a card for there deposit for just this reason 2: We put a six month fully comprehensive warranty on nearly every car we sell which you can use at any vat registered garage so nobody needs to bring a car back 150 miles 3: The initial £150 was more than fair, we pay £180 inc vat to have a bonnet painted please feel free to contact our bodyshop GT autobody and paint solutions 07792728174 should we be required to go to small claims i can provide bank statements and invoices going back 5 years to collaborate this if necessary 4: If the car did need to come back here for any reason we have a fully insured loan car which is completely free of charge and even comes with fuel 5: When claire sent the photos we counted 14 stone chips in total she has zoomed in so they look huge when in fact they are minor and as she has admitted on here (difficult to spot in sunlight) 6: We are not in fact in breach of consumer law, in fact we are far from it, Consumer law allows for the car to be in a fair condition allowing for wear and tear relating to age and mileage, we didnt hide the stone chips we openly pointed them out so how can we be in breach? 7: Claire asked for £150 i gave her £150 8: Claire asked for a bigger contribution i offered a bigger contribution. 9: Claire changed her mind again and decided she wanted a brand new bonnet payed for exclusively by me at 3 times the price it would normally cost me without making a contribution herself, add to this the fact that her first email was blackmail at best and i kept my kool and replied respectfully as we have throughout Im sorry but thats were we draw the line 9: I didnt post every email as there are over 30 of them 10: For completeness when we spoke to the AA mediation service and asked them what they would like us to do they informed us we were under no legal obligation to do anything, there opinion was that we had already gone above and beyond what was necessary under consumer rights. Personally at this stage we just want to refund her in full and have our car back Sincerely Mark Gem Cars Ltd
  5. GEM CARS LTD Is looking forward to the comments from the administrators and moderators now the full facts in this case are here for all to see I would add that from the above transcript it appears claire has had a full vehicle inspection done and they didnt find any faults with the car. I would also add that it appears she wants to keep the car because apart from the stone chips the car is in fantastic condition for its year Personally i would rather refund her in full and have the car back Regards Mark Gem Cars
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