tony_hetherington
Dec 4 2003, 12:07 PM
Hi all,
I won't go into too much detail because I'm in discussions at the moment.
However......
Bought my car from a dealer 1st February. They said they had lost the service book, but don't worry, it's all on computer so they'll order me a new one and get it stamped appropriately (it mentions this on my receipt for the car).
It's now December and I still don't have the service book. I have chased them regularly through the year, and at one time I got someone to tell me that they were having difficulty finding where one of the services took place.
SO.....I get a call today from the manager saying pretty much "sorry sir, we will sort it for you asap......however, we have someone who's looking for your exact spec of car, age, colour etc.....you interested in selling?"
Now, I bought the car from a dealer, it was advertised with full lexus history, and it even says they'd sort the book on my receipt.
He said they'd offer me a VERY good deal on a nearly new car - and how much would I be interested in selling my car for ?
The way I took this is that they cannot find the service history for the car. Meaning.....they sold me the car under false pretences (i.e. ...they said it had full lexus history, and they didn't know this, and it turns out it might not have).
I'm waiting for him to ring me back (the manager) to offer me something with numbers (i.e. how much for mine, how much for nearly new ex-demo etc. etc) but my question is.........why would he so badly want me to not have the car anymore (if that is the case. It is a rare colour [granite sky] but I wouldn't have thought they'd be too interested in buying my car and selling it on - can't be much profit after expenses [especially bareing in mind I live 300miles away]).
What could I do if I find out that they did indeed sell me the car under false pretences?
I'm very tempted by what he had to say, and so I'm going to wait for his offer before saying yay or nay to a new car. My personal circumstances have changed somewhat up and down very quickly over the past few months, but at the moment, I'm keeping the IS200 for the foreseeable future.....so a newer example is very tempting.
Thoughts/comments please...........?
Claire G
Dec 4 2003, 12:48 PM
They're probably doing this as they may be on a stickywicket if they've sold you the car and for whatever reason now don't have the history. If this is the case you could progress this under the trade-description act (I think, not 100%), Lexus GB wouldn't be too chuffed either...
I guess this is probably why they'd be prepared to offer you such a good deal on another motor
Jimmy Ten Toes
Dec 4 2003, 12:48 PM
See what he has to offer. Get him to throw in some freebies or free servicing if you can
tony_hetherington
Dec 4 2003, 12:57 PM
Yeah, cheers guys. That's exactly what I'm waiting for - to see what he's going to offer me.
Thing is.......best I could ever hope for is a full refund (I REALLY do not want to start doing stuff like that if I don't have to - it's not my intention to cause trouble and go down the trade descriptions act etc. etc.).....so if he offers me a good deal, hey - I might as well go for it !
Question - I assume the best I could hope for is a full refund, yeah? And then, as you mention Jimmy, get him to throw in some freebies too.
REMEMBER: I'm not trying to buy a car.....he's trying to sell me one, so he has to make the deal attractive to me !
ColinBarber
Dec 4 2003, 12:58 PM
All Lexus approved used cars have to come with FSH - maybe even FLSH so I guess they don't want to upset Lexus and as Claire has said there could be legal problems that they want to avoid.
tony_hetherington
Dec 4 2003, 01:10 PM
I will reiterate a quick point - and that's that I don't KNOW there is no history, or unsure history, for the car. I'm just assuming that this is the case - because he phoned me up to say "yes, we're working on your service book"....oh, and by SHEER coincidence etc. etc. - which is what leads me to beleive they don't want me to have my car anymore for their own reasons.
Thought I'd stress that !
You say legal problems........but what legal problems? I agree with you, they're breaking sale of goods rules all over the place, trades descriptions act etc. etc........but what will it ACTUALLY mean to me, the guy who bought the car? Probably full refund at most ?
ColinBarber
Dec 4 2003, 01:14 PM
the only legal problems would come from either yourself or Lexus GB.
shotwood
Dec 4 2003, 01:22 PM
From a legal viewpoint, the only way you could get more than a full refund is to sue Lexus. However the court's objective will be to 'put right any wrongs'. i.e you would need to prove that you have lost money because of the false representation, and that this amount is greater than the value of the car - difficult. Can you prove you have suffered because of this?
You could make life awkward for the manager, but IMHO you would be unlikely gain any tangible extras from doing so.
All in all, I would say you are taking the best approach. Say things like how much you like the colour/equipment of your original car etc. Lay it on thick.
Remember, the manager will only have so much room to manouvre and he is more likely to throw in freebies to do with labour (such as free servicing) rather than extra equipment, which are more visible to accountants.
Here's hoping you get a good deal.
tony_hetherington
Dec 4 2003, 01:48 PM
Thanks for all your comments guys - much appreciated.
SteveAudioX
Dec 4 2003, 06:09 PM
This happened to me when i brought my IS200 second hand from LEXUS dealer..
I noticed after a few weeks.. rang them up insisting i wanted another... 7 days later it came... as I threatened to return the car...!
ifraz
Dec 4 2003, 06:21 PM
How about suggesting a newer IS200 to replace your current one for FREE (that's no extra charge to you).
....and throw in some free services as well.
Make them sweat.
Seriously though, I guess you could go for a full refund or a P/X for another one but as mentioned earlier, get them to chuck in some free servicing and extended warranty.
I don't know where you stand legally
Steve ( West Mids )
Dec 4 2003, 07:10 PM
Sounds to me like he might have found something dodgy with the car from either the service history or the lack of it ( I always look at worse case scenario ) ..... maybe it's done more miles or missed a service or even some kinda bump. As you have it in writing re. FSH you must be in the driving seat. See what he says next time you speak and if you can smell that rat mention something about Trading Standards ...... if he starts running scared ....... then ask for the earth and be prepared to own half of it
maria
Dec 28 2003, 08:55 PM
I would also be aware that you would have paid more for that car because it had FSH.
I think you have to decide if you want to exchange the car, I bet the dealer does not have anyone on it, he is covering his back incase you decide to take it further, he can then say well he offered to sell it for you!!
I personally would be looking for some money back to cover the over payment, you originally made, even if you do keep the car.
Mr-Lex
Dec 29 2003, 01:19 AM
Any news from the manager/dealer
tony_hetherington
Jan 19 2004, 02:43 PM
Well well well......
So what do I do?
they never rang me back. I rang again before Christmas, left a message, they never rang me back
I spoke to the boss at Lexus Worcester (Tim), at the beginning of this year - he said he'd ring me back and sort it out for me. Guess what.....he never rang me back.
I spoke to him Tuesday last week.....guess what, he said he'd ring me back with a solution to my service book, and some numbers (price etc) for the different car (I said it never hurts to talk)..........you guessed it, he didn't ring me back.
I left a message for him this morning.......still waiting for his call (think it will come !?)
So - what do you guys reckon I should do? I'm getting VERY annoyed with this now. I certainly don't want a car from Lexus Worcester....the service I've received from them has been nothing short of terrible. All I want is a resolution. 1st Feb will be the anniversary of my car.....that's ONE WHOLE YEAR without the service book. I think they've had enough time!!
How do I escalate this one further, as, you can probably tell, I'm rather annoyed by it all now.
Thanks all
Tony
maria
Jan 19 2004, 03:23 PM
1. Post his name and number on here and we will all take it turns in ringing him every few mins for you.
2. Get as many people from here to go into the garage with you and block the entrance and exits with cars, tell him you are not leaving until you are happy.
[B]On a serious note now,[/B]
I take it you have all your documentation and proof that the car was advertised with full service history, If so I would go to the local courts and get a form not sure what it's called but the court will give the correct paperwork. Fill it in you will need to put an amount that you want to claim in money from him don't forget to add the court costs and a bit extra for your time, photo copy it and send it recorded delivery to him with a covering letter advising him that if he does not get this sorted so many days you will be taking him to court.
There is enough room on the form to write all the details of your problem, I would put the person's name on it aswell as the garage and any mobile telephone numbers you have too.
I do this when people don't pay us, the shock of county court papers is quite often enought to frighten them.
Good luck
Scorpion
Jan 19 2004, 03:28 PM
I think you've been to patient on this one Tony,a year is long enough for them to sort this little problem out....start to take legal steps and i think they will have a change of heart,if it was me i'd rip his out
tony_hetherington
Jan 19 2004, 03:44 PM
Blimey.....didn't quite think the reaction would be
legal action!!?? Krikey!!! I was thinking more along the lines of letter to Lexus GB.
QUOTE(maria)
I take it you have all your documentation and proof that the car was advertised with full service history
Yup - I have the print from the internet where it was advertised as FLSH, and also on the receipt they gave me, they state specifically service book to follow (of course that bit doesn't state full service history, but the print I have from the internet does. Luckily I keep sad things like that when I buy cars !!!
RYX
Jan 19 2004, 03:59 PM
Here's what I'd do....
I'd write to the manager you've been dealing with (perhaps recorded delivery so you know who signed for it). Document all the times you've called, been promised call back etc. Tell them how patient you've been etc.
Then state, in no uncertain terms, what you want and when you want it by.
If you don't get it you'll be seeking legal advice.
I'd probably send a copy to Lexus GB too.
Good luck.
whitie
Jan 19 2004, 04:23 PM
Sounds very annouying to me!!
My view is I'd give them one last chance (though it hass taken the p!s$ how long they have taken) call them up speak to any one (ask for the persons name!), and say I'd like to speak to the manager, if you get "he's not in he'll call you back" you reply with "Could you try again as if I don't talk to him this instance I'm taking the matter to the courts.
If they don't sort it out with 24hrs from then do the above.... I've had almost exactly the same on a used BMW. Took me 6 months to sort out, and when I did the aforementioned they jumped through hoops! (I got a full refund, and all extra finance costs paid for by the dealership)
tony_hetherington
Jan 19 2004, 04:39 PM
ok.....cheers guys. I guess I'll give it a go! (what you said, WHITE1)
I'll do it tomorrow morning (will bring in all my paperwork that I have for it) and keep you all posted

Thanks for your comments......
keep your fingers crossed for me!!!
Steve ( West Mids )
Jan 19 2004, 06:37 PM
You all know my stories with this dealer, although the Cenre Manager has changed as you probably know Tony.
You have pm Tony.
tony_hetherington
Jan 20 2004, 09:10 AM
Received with my thanks, Steve !!
kev dood
Jan 20 2004, 09:32 AM
Good luck on this. Hearing stories like this really dampen the Lexus name and rep.
I would also get in touch with Lexus GB. Find out the name of the managing director or chairman, write to them explaining the full situation and also detailing what outcome you want. I wouldn't be surprised if they gave you a new one for the price you paid for your used.
Good customer service and a good reputation are things you cannot buy. They take years to aquire but can be gone in minutes with bad press etc.
Be firm but fair and don't loose you temper (much anyway!!)
They (LGB) should be helpful, but I would go above Cust. Serv. heads and go further to the top. You have been messed about enough.
Keep us informed.
tony_hetherington
Jan 20 2004, 09:38 AM
Kev,
Rather than ringing up Worcester today, I will e-mail LGB. I left a message with him yesterday, even said "make SURE he rings me back, because I have left previous messages and he has not replied". "yes yes" said the guy.
SO....writing a letter as we speak. I am rather annoyed, but have no ofear, I will not lose my temper at all. My dad always taught me that if you are in the right (i.e. correct), then there is no need to shout or lose your temper at all.
(PS: no, that's not a reference to your political stand point!!!)
tony_hetherington
Jan 20 2004, 10:34 AM
some important people have just received an e-mail from me.
I said I want a reply of intended rectification by tomorrow close of business (Wednesday).
I think that's fair - this problem is way OTT now. Perhaps I should have mentioned also that I had major problems with this dealer when first getting the car.....so it's not like it's the first time I've had to push to get something !!! (I mentioned this in my e-mail of today, of course

)
Will keep you all posted - and keep your fingers crossed for me
cra
Apr 30 2004, 03:08 PM
Any progress?
whitie
Apr 30 2004, 05:24 PM
Amee
Jun 5 2004, 10:24 AM
Bloody hell, what is this dealership doing, allowing one of it's customers to be treated in this way. Lexus UK should have taken this in hand long before it got to this point as I am sure they keep a close eye on these message boards, and if not they should.
You are remaining so much calmer that I would, maybe they are taking advantage of your placid nature.
Keep us all informed and I am sure that a lot of people will be giving Worcester Lexus a wide berth in future.
***YOU ARE NOT ALONE.***..Cheers Allan.
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