Failure to deliver

[woody paul]

If they have loaned a machine that is not up to job why have you bothered keeping it , and if you have any letters or emails saying they are going to loan machine there is no way they can charge hire rate.

[Marc]

If they have loaned a machine that is not up to job why have you bothered keeping it , and if you have any letters or emails saying they are going to loan machine there is no way they can charge hire rate.

 

Good point, it does work now they replaced the disintegrated bearings, 5 year old fuel filter, new starter motor and engine protection, runs like a dream for such an abused bit of kit really. It just needs some... erm legal requirements sorting which is my concerns with the up coming contract, it only takes a health and safety audit and we could potential get chucked off site that would be worst case but I do not want to run the risk.

 

The supplier has photos of the issue I emailed them over a month ago.

We carried out the repair to get us out of trouble as they couldn't get a field fitter out quick enough, so they have been aware that we have bypassed the emergency stop buttons for over a month now.

 

 

But hey our machine will be here "soon"

 

 

Beginning to think that I need to be more assertive.

[easy-lift guy]

Marc, I believe you should hirer an attorney on a contingency and get this matter settled ASAP. I honestly do not believe your patience and understanding will be rewarded regarding this matter. To continue to be used and abused by this company will end badly in the end.

easy-lift guy

[Stephen Blair]

Sounds like they are taking advantage of your good nature and have very low morals.

Unfortunately for you, being nice has got you screwed. If I had a customer wait 2 years for antree I'd do it for nothing and take chocolates as I'm sure you would.

I think you should contact citizens advice, they follow the law and don't take niceness and nasty ness into the equation.

I think you should stop the DD on the finance and get a lawyer on the car straight away.

They are at it, if you can provide a list of dates and as much info as possible for the lawyer to have then I think you will be ok!

Forget their kit, get your old kit in the corner sorted, yes it will cost you money but you are too far down the road now to think it's not fair as it clearly is not and both parties are following a different set of moral business guidelines!

Good luck, sounds stressful!

[Marc]

Thanks Easy Lift Guy, but I hope to not get that far, personally I think a reasonable offer would be to reverse the finance and provide us with a machine which is more akin to what we want as they currently have one on demonstration doing the rounds this machine would be new and less likely to go wrong until our machine arrives.

 

To make matters worse in the year and a half since ordering the machine the model has undergone a facelift so essentially ours is of a previous gen, although I do know the facelift is fairly minor.

 

We are also in contact with the manafacturer and am awaiting their response.

 

Hopefully the dealer representative on here reads this and does the right thing in bringing the demonstrator to us to us, or our at the very least organise the mobile fitter to come and make good our loan machine.

[Benny4817]

Sounds like they are taking advantage of your good nature and have very low morals.

Unfortunately for you, being nice has got you screwed. If I had a customer wait 2 years for antree I'd do it for nothing and take chocolates as I'm sure you would.

I think you should contact citizens advice, they follow the law and don't take niceness and nasty ness into the equation.

I think you should stop the DD on the finance and get a lawyer on the car straight away.

They are at it, if you can provide a list of dates and as much info as possible for the lawyer to have then I think you will be ok!

Forget their kit, get your old kit in the corner sorted, yes it will cost you money but you are too far down the road now to think it's not fair as it clearly is not and both parties are following a different set of moral business guidelines!

Good luck, sounds stressful!

this seems the way forward take control of the situtation

[Marc]

If they have loaned a machine that is not up to job why have you bothered keeping it , and if you have any letters or emails saying they are going to loan machine there is no way they can charge hire rate.

 

This was part of the email response I got after I sent this

 

""Hi #### can I ask why we are still being charged for a chipper we have yet to receive! I thought we had agreed this would be stopped until we have received our chipper which including the deposit and monthly payments we have been parted of a large amount of money and have nothing to show for it other than a very tired, battered and to be honest very lacklustre machine!!! If this is representative of the machine we will be getting and in light of waiting almost 1 year! I am afraid we may have to cancel and look at other models within the range.""

 

And their reply, at precisely closing time on a Friday! Even though they had ample time to reply sooner.

 

""I have discussed your email with ####, *and we are a little bit lost at your question. You currently have two machines that you are using – the trade-in #### and the loan #### – both of which actually belong to us. As far as I am aware, you are getting productivity on these two machines. I do understand if your new #### had been delivered to you, you wouldn’t have either of these machines. In terms of monthly payments, if you don’t want to pay the finance for the new machine, then we would need to raise hire invoices against the two machines you have.*

*

We are completely aware of the issues around your new machine and are doing everything in our power to rectify the position for you i.e. with the agreed £#### discount against the new machine when it is delivered and secondly with the loan of the two machines. *While the machine we have lent you (the ####) is a bit tatty due to its age, you should be still getting productivity out of it.

""

 

To be clear they absolutely do not own our trade in machine as yet.

Edited December 18, 2016 by Marc

[easy-lift guy]

Marc, hired an attorney and provide him or her with all of your info. You are being used and you deserve better. Return the unit on loan and keep your original machine. Don't let this company and the owners take any further advantage of you.

easy-lift guy

[Stephen Blair]

That's unbelievable Marc!

You are paying for a brand new machine for the last year and you still get to play with your old machine and their crap machine and he thinks you should count yourself lucky!

I think you are too close to this now, it will be exhausting 90% of your energy and brain function, you don't need this, especially in our job! The times I've made mistakes is been when my minds been elsewhere! Every problem I have had in business is because I've been too soft and always thought I'd be appreciated, pah! Bullys can smell kindness and just walk all over It!

Hand it over to a lawyer, stop the DD now right now online and make a Lawyer priority tomorrow and hand this stress over to someone else and go shopping for a new machine!

I'd also be keeping their old machine until you are refunded what you are out! You need some kind of lever.

Edited December 18, 2016 by Stephen Blair

[woody paul]

Is this through a dealer or manufacturer.