Damage To Delivered Vehicle

[lee789]

Hi,

I've just taken delivery of my GS450H. It is an an ex Lexus Management car, registered in June 2010, and has covered 5000 miles. My local dealership brought the car down to me last Friday for a test drive and inspection, and it was perfect. They delivered the car to me yesterday. This morning, I noticed that the rear passenger door (passenger side) has got a small dent in it. I am sure it was not there when I inspected the car last week, and suprised it wasn't picked up at PDI. I telephoned the dealership, and they agreed to pay for a local SMART repair at my home (up to a cost of 40 pounds). However, because the dent is so close to the edge of the door, this type of repair may not be possible. When I informed the dealer of this, they refused to pay for what may need to be a fill and paint job in their bodyshop, and told me that you have to expect things like this from a secondhand car. Having paid 36 grand for it, I don't think that attitude, especially from a Lexus Dealer, is particularly good. Do I have any grounds to reject the car if they continue to be unreasonable, or can I force them to rethink? The purchase was made without me ever visiting the showroom, although I had a face to face with a salesman during the home demo. No advance paperwork was done, and I only received this on delivery of the car. I am wondering whether Distance Selling Regulations might apply...any advice gratefully received. If it hadn't been raining yesterday I would have picked up on the dent myself - particularly noticeable on a black car in direct sunlight. Frankly think the attitude towards the complaint sucks, so would be interested to hear views of other members. Many thanks indeed!

[steve2006]

Welcome to the LOC and sorry to hear of your problems.

I'm not sure how you stand from a legal position but i would insist that the dealer rectify the problem at their expense,offering you a derisory £40.00 towards a smart repair is an insult when you have spent 36K on the car.

If you are a member of a breakdown service they may offer advice on how to proceed through their legal department.

I would certainly complain in writing to the dealership and also contact Lexus GB with your concerns.

Not sure if the distance selling regulations apply but if you didn't sign at the dealership it may be worth investigating perhaps through Consumer Direct.

It may be worth mentioning to the dealership that you are a member of the LOC and will be letting other members know how this is progressing.

Have a read here

http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/DG_183047

Particularly this section

"Your rights when buying from a dealer

When you buy from a dealer, the law says a car must be of satisfactory quality. It must meet the standard a reasonable person would regard as acceptable, taking into consideration:

the way it was described

how much it cost

the age and the mileage of the vehicle

This covers things like:

appearance and finish (paintwork)"

[lee789]

Many thanks, I'm glad you agree it is unacceptable. It is almost a "now we have your money we don't care" attitude. I did try Lexus Customer Services, but they said it was between the dealer and myself, and they were only there to mediate in a dispute. Frankly, I've had far better customer service from my local Ford dealer, where I am in the process of purchasing a used car for my wife. Since this Lexus Dealer makes such a big thing about attention to customer satisfaction on their website, I will have no problem naming and shaming them on this forum if they fail to address this complaint satisfactorily. They are currently trying to persuade me to take out an in-house 5 year service plan with them, something they can stuff if they treat customers so poorly.

[dave1]

You say that the car is "ex management". I would imagine that it was used as a "demo" so possibly it has been incorrectly described by the dealer. Since you appear to be in dispute with the dealer then surely Lexus Customer Services should, by their own definition, be able to mediate.

Have you had the car looked at by a Smart repair franchise to ascertain whether the dent can be sorted by them? I doubt that you would have any legal standing on this matter.

Was the vehicle a Lexus Used Approved Car?

[lee789]

Hi Dave1,

The Log Book shows it as a Lexus Owned vehicle, and I'm sure it was Lexus Approved. I'm still waiting for the Smart repair guy's opinion, but I emailed pictures to 2 others repairers, and they didn't want to do it because it is so close to where the metal wraps round at the edge of the door. I'm hoping that the majority of the dent can be pushed out using tools from behind the door panel, and that the rest can be pulled out with the adhesive/pulley tool they use. If not, the quote for fill and paint is 250.00 from Chips Away. I'll have to wait and speak to consumer direct on the legal standing, but even if I have no legal rights, I think the dealer should do the repair, or at the very least offer to do it at reduced cost in the spirit of good customer relations. Especially the case when you have paid this amount of money and only had the car less than 24 hours.

[dave1]

Hi Dave1,

The Log Book shows it as a Lexus Owned vehicle, and I'm sure it was Lexus Approved. I'm still waiting for the Smart repair guy's opinion, but I emailed pictures to 2 others repairers, and they didn't want to do it because it is so close to where the metal wraps round at the edge of the door. I'm hoping that the majority of the dent can be pushed out using tools from behind the door panel, and that the rest can be pulled out with the adhesive/pulley tool they use. If not, the quote for fill and paint is 250.00 from Chips Away. I'll have to wait and speak to consumer direct on the legal standing, but even if I have no legal rights, I think the dealer should do the repair, or at the very least offer to do it at reduced cost in the spirit of good customer relations. Especially the case when you have paid this amount of money and only had the car less than 24 hours.

Lexus Approved are subject to 30 day/1000 mile exchange policy. It would appear that the car is an ex-demo which is something which I would be asking the dealer about. I agree that the dealer should really fix this as a goodwill gesture if nothing else. The quote from Chips Away seems excessive. I had my bonnet gouged to the bare metal by a cycle handlebar and for a FULL BONNET strip/respray I was quoted as little as £200 although I did actually use a trusted repair centre at £400. This was a repair which Chips Away had refused as it was too bad for them to attempt. Get a couple of good bodyshops to quote.

Hope you manage to get it sorted quickly and amicably.

[lee789]

Hi Dave1,

Just checked the dealer website, and their cars are listed as "Approved Pre-owned". Do you think this means it is covered under Lexus Approved terms? My car was sold under that section on their website. If that 30 day exchange policy applies I will certainly consider rejecting it as a last resort. Problem is finding another car from their stock, which is pretty low at present and only has much older 450s. I think the quote from Chips Away was high because he believed he would have to repaint both doors, due to the dent being so close to the dividing rubber seal. To be fair he is quoting sight unseen, so it might have been a worse case scenario. Obviously I would rather have Lexus dealer do the repair, but my local Chips Away do fantastic work. Many thanks for your help and good wishes!

[knitware]

Hello Lee.

This is appalling. I would be so annoyed. I would perhaps only expect this sort of behaviour from a back street garage. You have spent a lot of money on a car and this dealer should be bending over backwards to help with any concerns and offer a no quibble repair of your car. You should be enjoying the buying experience from Lexus, this is not a good way to start your journey with this marque.

I would speak to the manager with haste. If he wont help kindly suggest he takes back delivery of the car and refunds you the full amount paid under their 30 day 1000mile promise. I am feeling for you, this is awful.

Don't worry about finding another car of the same ilk, speak to Lexus Sheffield, who are excellent. Give them your budget and they'll find you the same car, minus the dent.

There are plenty of used examples about too, follow links. Please don't settle for the dealers excuses. Let us know how you get on.

LINK 1 GS 450 SEL

LINK 2 GS 450 SE

[lee789]

Hi Knitware,

Many thanks for your comments. I've looked at the Lexus 30 day exchange policy and it doesn't mention being able to get a refund and going to another dealer. All it says is that you can choose to exchange for another "in stock" vehicle at the dealer that supplied the car. It tells you what you should expect from a Lexus Approved vehicle (no tears, no burns, working entertainment system etc), but says nothing about dents in the bodywork. So, maybe Lexus think it's OK to sell a car that is great on the inside, has no mechanical or electrical problems, but can be sold with damaged body panels? At present the dealer has nothing to exchange it for, so I don't know where I stand on this. I don't want to HAVE to reject the car, and I certainly don't want to exchange it for a different Lexus model that I wouldn't have considered in the first place. I have e-mailed the sales manager and told him exactly what I think of their attitude, and based on my experience I have also included a comparison of their dealership to a shady back street secondhand car seller. I have obtained the name of the dealer principle from Lexus, so if I have no luck with the engine drivers monkey, I'll go direct to the engine driver!! If he's no help, I'll go out of my way to cause them the maximum amount of hassle, inconvenience and embarrassment possible. I'll keep you informed, and many thanks again for your post!

[dave1]

Hi Knitware,

I've looked at the Lexus 30 day exchange policy and it doesn't mention being able to get a refund and going to another dealer. All it says is that you can choose to exchange for another "in stock" vehicle at the dealer that supplied the car.

That does indeed appear to be the case but how many other branches does the dealer have? Lexus Coventry is part of Listers who also own Lexus Lincoln and Lexus Cheltenham. Syntner also have several Lexus dealerships.

I believe that Lexus dealers can access used approved cars from other dealerships too, but not 100% sure of that.

[lee789]

Hi Dave1,

I've checked, and the dealer only has the 1 Lexus outlet, and seems to have various Toyota dealerships around the South East. I will look into whether they can obtain cars through the Lexus network if necessary. Many thanks!

[wendle]

Hi sorry to hear about your problem, I am surprised to hear that the Lexus dealership would even consider allowing the car to be sold with a dent in it, this must have been overlooked and they should at least put it right. Your be surprised how good these dent removers are and how they somehow manage to get dents out of some impossible places, as long as you haven’t got any paint damage and it is purely just a light door ding then I would defiantly go down this path rather than having to have complete panels re sprayed.

[tonyricha]

Is this the dealer who closed the showroom on the road into Southend? and now have some tie in with Hatfield.

[lee789]

Hi Tonyricha,

No, it's not Hatfield Lexus, although I am going to use their Southend Service Department for my 3 year service plan.

The dealer I purchased the car from is about the same distance from Southend as Hatfield, but to the East of London.

I won't name them at this point, at least until a Smart repair has failed, and they refuse to offer any further assistance. I've e-mailed their sales manager, but he has so far failed to get back to me. I'm sure that if I exercise my rights under the 30 days exchange program, it is going to cost them a lot more than getting the dent on this car sorted out. I haven't mentioned doing this yet, so I expect a rapid change of heart from them if I do.

[Parthiban]

This sounds a horrible experience and I agree with everyone that it is totally unacceptable.

Did you buy from Lexus Woodford?

[lee789]

Hi Parthiban,

Yes, the car was supplied by Lexus Woodford. However, I am pleased to report that I received a telephone call from them this morning offering to collect, repair and deliver the car. Unfortunately, this offer came a little late as I had already arranged for a PDR guy (Invisident of Chelmsford) to inspect and repair. He turned up 10 minutes after the call from the dealer, and managed to do a fantastic job. So, a happy resolution, without the need for filling and respraying in the dealers bodyshop. To be honest, I think the dealer had second thoughts when I mentioned rejecting the car under the 30 days Lexus offer, and of course they might have been aware of the posts on this forum. I have now had the car inspected, and the opinion was that it was OK. The overspray on part of the interior door panel that I mentioned in another post, was due to a small trim repair, where the repairer had obviously got a bit carried away. This is barely noticeable, although the colour he used does not entirely match the beige trim. However, its not a big deal, and something I can probably take care of myself. Not worth a 60 mile trip to sort out. So, credit to Lexus Woodford for eventually agreeing to do the decent thing, but a pity it took several days to get there. Thanks to all the kind members who have offered advice and support, it is very much appreciated!

[Parthiban]

Glad it's sorted, but it's a shame you had to go through all that.

Don't have much experience with sales but their service department has looked after my car for the last 6 or so years and they have been faultless, their customer service is excellent - it really is the best service I've ever come across. I'd recommend using them for servicing if it isn't too far from you, the service manager James is fantastic.

Personally I would have sent it back to sort out that overspray as well, it would seriously bug me so I'd want it removed, but understand that if it's a bit of a distance then it might be a bit of a hassle.