Failure to deliver

[Tom D]

Get a heizohack instead....

[TimberCutterDartmoor]

Get a heizohack instead....

 

For real? Over rated. Fisher Price.

 

Imo of course. Power hungry, more dust than chip.

[Mark Bolam]

Is it a tracked machine Marc?

[emoji3]to the excavator feed btw.

 

 

Sent from my iPhone using Arbtalk

[njm]

Couple of things that would have me very concerned and seem to be overlooked in this debate

 

1, They do own the two machines you are using , finance is in place and you are paying it , the trade in belongs to them as does the demo / loan machine .

2, There director is aware of this ( even if you are not ) and has by all accounts made his intention of charging for the hire of these machines if you stop paying the finance , the hire bill will be a monster trust me .

If you fail to pay they will recover there property which is the demo and the trade in machine , you have also defaulted on your finance agreement and will risk loosing the new machine as well

As many have pointed out a Lawyer is required asap

I do not envy the position you find yourself and wish you good luck ..

[eggsarascal]

I'd think any decent dealer/manufacture would have this situation sorted very early in the new year so Marc can get on with his work.

 

I'm sure they wouldn't want to get a bad name on such a big site as Arbtalk.

[Jonny69]

Whatever you do, don't just stop paying the finance.

 

This will end in tears for everyone.

 

Explain the situation to the finance company and make sure you tell them you don't think you can keep up the repayments without delivery of the machine. You will get all that money back anyway (or get your machine, whichever happens first)

 

Edit: They do own both the machines in your yard. They will have already been paid in full for the new one the in the month prior to your first finance payment.

Edited December 19, 2016 by Jonny69

[Old Mill Tree Care]

 

Beginning to think that I need to be more assertive.

 

 

Erm, the point in time when their Managing Director threatened to charge you was the that point when you should have adopted a no more tolerance stance.

Surely you have by now turned the tables and told them to deliver on their promise or face your legal consequences.

After all, it apparently took them about three seconds to threaten you!

[kevinjohnsonmbe]

Couple of things that would have me very concerned and seem to be overlooked in this debate

 

 

 

1, They do own the two machines you are using , finance is in place and you are paying it , the trade in belongs to them as does the demo / loan machine .

 

2, There director is aware of this ( even if you are not ) and has by all accounts made his intention of charging for the hire of these machines if you stop paying the finance , the hire bill will be a monster trust me .

 

If you fail to pay they will recover there property which is the demo and the trade in machine , you have also defaulted on your finance agreement and will risk loosing the new machine as well

 

As many have pointed out a Lawyer is required asap

 

I do not envy the position you find yourself and wish you good luck ..

 

 

On reflection, your points above appear more measured than my "pull the rip cord" approach!

 

Agree it could / would be argued that a contract was in effect which started with the finance payments. But couldn't it also be true that either the goods were not of merchantable quality / as described and wouldn't the failure to provide the goods have equal measure in a potential breach of contract?

 

What a pickle!

[jaime bray]

Unfortunately bad news travels faster than good news. I'd imagine that there will be a few people reading this thread who will avoid which ever dealer this is you're dealing with from now on.

 

If the dealer has read this thread they will unlikely get involved in a public discussion. But I'm guessing that damage limitation will be their highest priority, hopefully along with you receiving your machine.

 

If I was the md of the company you are dealing with I'd be putting things in place to ensure that upon the receipt of your machine,a multitude of apologies would be made that actually made you think "ok, that's a nice touch". For me, merely getting some discount on the machine would not be enough. Spare blades,two free services, free spare filters, a spare set of bearings for when they need replacing, the list of apologetic gestures is endless.

 

Regardless of the fact that you have waited so long and been more than patient, I'd want the breach of health and safety you have had to create on the loan machine due to them not being able to repair within suitable timeframe and subsequent risk you are running, and the time taken and stress you have endured dealing with this over a prolonged period of time, to be recognised with a sympathetic mindset. Not a commercial business mindset. One that is in keeping with the professional arboricultural industry.

 

 

An example of how bad news travels fast on social media has been highlighted to me here.

 

I hope to hear that you get this resolved soon. And that you report of being made to feel a highly valued customer through a thoroughly conscientious package of apologies.

 

Good luck with it. My character and personality would have resulted in this issue consuming me 24/7.

 

I would imagine that the dealer is stressed by this entire transaction and wants it dealing with asap too. Takes a long time to build a good name, especially in a small industry.

Edited December 19, 2016 by jaime bray

[Marc]

Whatever you do, don't just stop paying the finance.

 

This will end in tears for everyone.

 

Explain the situation to the finance company and make sure you tell them you don't think you can keep up the repayments without delivery of the machine. You will get all that money back anyway (or get your machine, whichever happens first)

 

Edit: They do own both the machines in your yard. They will have already been paid in full for the new one the in the month prior to your first finance payment.

 

 

I am dealing with the finance company direct, they agree the finance should be reversed until the machine is fit to be delivered.

 

They 100% do not own our trade in, the finance was made less the trade in value which they have been paid by the finance company, upon delivery of our new machine we will issue them invoice of sale transferring the machine to them, the machine continues to be in our asset register until this point.