replacement fob and key - Can I get a refund? Advice please!

[roadsweeper]

Question for anyone who knows about replacement fobs via the dealer:

 

Went into a dealership, paid for a replacement fob and key. £240. No problem with that, it's the price for a replacement.

 

 

I asked what it would look like, and the parts specialist stated something like the chrome one he pulled out of a drawer.

 

 

Refused to confirm it would be a chrome one.

He said he could not specify that via the code.

Whatever they have in stock is what will be sent out.

But the whole time the transaction is taking place, the solid looking fob is on the table.

He couldn't even show me a picture!

 

Return the following week to collect it.

however the whole thing is black plastic, which looks like it will degrade the same way as the original remote.

 

Took the remote straight back into the dealer after trying it and asked to return it. He asked why, and I said it is of inferior quality to the one I was shown.

 

 

I then asked whether any of the other remotes, namely the metal ones, would work with my car and

he said that's the only one that would work with my chassis number.

 

 

why was he unable to tell me what fob I would receive a week earlier upon ordering?

 

I said I'm not paying for a piece of plastic and again requested a refund and proof they had received the key from me.

 

 

They signed the order form stating I rejected it and they had accepted the key back.

Additionally told the refund could not be authorised until Monday this week, but have still not received a call back.

 

My current key works, I just wanted a better quality spare key.

 

Now I have concerns because some friends have said this is a special order item so I have no recourse to a refund.

 

However, I thought that because they have accepted my key back, that they indeed will have to honour the refund.

 

 

And if there is a no refund policy on the key (even if it is in writing), then they should not be accepting returns at all.

 

I will call this coming week, but I just want to hear from the ever helpful CAG what the legal position on this kind of transaction is.

 

Thoughts anyone?

Edited December 13, 2014 by roadsweeper

[Conniff]

Gosh, how can you say 'no problem' to £240 for something that makes a profit at £10.

[roadsweeper]

Gosh, how can you say 'no problem' to £240 for something that makes a profit at £10.

 

Tell me about it, but they've got it all stitched up at the dealer.

 

Any idea if they're allowed to make me order without even seeing the product first and refuse a refund?

 

Thanks.

[GrumpyToSayTheLeast]

The machine used to code the keys along with the software can cost tens of thousand of pounds which is why they charge so much.

Yes, I believe this is a special order item, so you may be refunded the cost of the plastic key, which may be a few pound, but I can't see them refunding the coding costs.

[oddjobbob]

The machine used to code the keys along with the software can cost tens of thousand of pounds which is why they charge so much.

Yes, I believe this is a special order item, so you may be refunded the cost of the plastic key, which may be a few pound, but I can't see them refunding the coding costs.

 

 

 

+1

 

 

If it works then I cant see a refund coming

[heliosuk]

The manufacturer always reserves the right to change the specification of a part but the part still has to deliver what it was designed to do. Manufacturers who have signed up in the UK to the Thatcham code will have to follow a set procedure which just adds expense to the end user.

As ever we don't know what the car is so it's a bit hard for anyone to give objective advice at the moment. £240 from a main dealer seems to be about right depending on the car. As grumpy says the kit used to programme these things costs a fortune so they are not going to come for nothing.

[roadsweeper]

The manufacturer always reserves the right to change the specification of a part but the part still has to deliver what it was designed to do. Manufacturers who have signed up in the UK to the Thatcham code will have to follow a set procedure which just adds expense to the end user.

As ever we don't know what the car is so it's a bit hard for anyone to give objective advice at the moment. £240 from a main dealer seems to be about right depending on the car. As grumpy says the kit used to programme these things costs a fortune so they are not going to come for nothing.

 

It's a 2000 Mercedes.

 

I understand they can change the part, and it needs to do what it was designed to do, but how can I be forced to take delivery of something I have never been shown? And I must simply pay the sum (which I was happy to do if the key was to be a stronger version than the one I currently have) without question and be happy with the service?

 

I am certainly not complaining about the cost of the key, more about the actual service, and being told to like it or lump it. We are talking about a multi-billion pound company unable to show a customer what a product will look like, forcing the sale on me because they know it is something I need for the car and it can only be processed through them. How is there not even a catalogue for these items, on screen or in brochure form?

 

Surely there must be some legal position that protects me as a buyer when I am forced to take delivery of an item I have never seen before because the dealer either can't be bothered to show me what the key will look like (though waves the stronger version around as a possible example), or doesn't want to for fear I won't make the purchase.

 

And finally, if they have accepted that I rejected it, and taken the key back, stated a refund would be authorised on Monday, and at no point specified the breakdown of the key costs (manufacturing or otherwise), surely I can claim for the full amount?

[LancerQRL]

Is the part supplied the same as the one you already have? If you have given your chassis number then that should be the case. Main dealers use a chassis number for parts so tbey can be supplied correctly, and keep the vehicle to the specification it left the factory. Did the remote come preprogrammed? With a cut key blade included?

[roadsweeper]

Is the part supplied the same as the one you already have? If you have given your chassis number then that should be the case. Main dealers use a chassis number for parts so tbey can be supplied correctly, and keep the vehicle to the specification it left the factory. Did the remote come preprogrammed? With a cut key blade included?

 

The blade was not included. They could not tell me what case I would get because they did not know which blade would be cut. Still find it unbelievable they are unable to know these things, especially for such an expensive purchase. It was on order from Germany last time I checked. The remote was brought in from a local dealer and programmed.

 

As I said, I can understand the process in terms of how the key is verified against the car, but how is it possible, in this day and age, not to be shown what I am purchasing? I mean they could sell me a programmed mickey mouse keyring and by the sounds of it I couldn't complain as long as it unlocked my car! The key fob was entirely plastic, utterly unsatisfactory to me in terms of the longevity I expect from such an expensive device.

 

So far, no-one can tell me if they have legally accepted the returned key or not. If there are no returns then why accept it back? Surely they are in a difficult position here legally because if there are technically no returns on these items then how was I able to return it with signed confirmation from the dealer?

[SabreSheep]

Did you specify to the dealer at any time before purchase WHY you wanted the fob?

 

(Eg old one had degraded and you wanted a different case so it was more resliant?) IF you did you could argue under Sales of Goods Act that the Goods were not fit for the purpose you wanted them for.

 

How did you pay for your new fob?

[roadsweeper]

Did you specify to the dealer at any time before purchase WHY you wanted the fob?

 

(Eg old one had degraded and you wanted a different case so it was more resliant?) IF you did you could argue under Sales of Goods Act that the Goods were not fit for the purpose you wanted them for.

 

How did you pay for your new fob?

 

I said that I wanted one of the new chrome fobs because from what I've heard they're indestructible. I also said that my current fob had water damage but that it still unlocked and started the car so I'd be prepared to wait for the metal version since he stated it came down to a stock issue and whatever was available in the warehouse.

 

I kept asking to see a sample of the fob, and he kept telling me that he had no idea what the fob would look like until the key was to be cut in Germany, then he would know which fob model to order.

 

All sounded very strange to me and utterly unprofessional.

 

Throughout the order, the only sample shown to me was the chrome key, though he could not guarantee it would be that one. I just don't understand how a business can get away with what appears to me to be a blind sale.

 

I paid via credit card. I think it was Mastercard.

[j66]

The parts man goes by what part number that the manufacturer specifies for your car. They don't need to know what it looks like and they won't carry in stock every part for the car so that they can show customers what they look like.

[LancerQRL]

It wouldnt be realistic for a dealer to have every part in stock , cars have many many indevidual parts and all of them have a part number. You say the key was cut in germany and the remote supplied by another dealer. If the remote hasnt been programmed they may be able to return it. And refund for that part .If it has been programmed then it is useless to any other vehicle except yours. The key blade once cut is obviously unique to your vehicle anyway. Im not sure how mercedes supply keys, but vw/audi are factory order and come ready cut as part of the remote system and so will be unique to the car.

[sparx]

Perhaps the new style of fob has a different type of key blade? And that your older style key blade will not fit in the new fobs?

 

For example, I couldn't put a new style Ford Focus key blade inside an old fob, as they are physically different.

[roadsweeper]

Perhaps the new style of fob has a different type of key blade? And that your older style key blade will not fit in the new fobs?

 

For example, I couldn't put a new style Ford Focus key blade inside an old fob, as they are physically different.

 

I have called another main dealer who has just told me today that they can tell me with a fairly strong certainty what alarm fob product I will receive prior to ordering.

 

I assumed all MB dealers had to follow the same protocol. Clearly the first dealer in the initial transaction last week had no interest in going the extra mile for the customer (this is reinforced by the fact that they have still failed to contact me). The second one I called today said they just needed my VIN over the phone and they could confirm the key type to be issued.