Dealer/Manufacturer issue

[Charlie M]

Bit of a long story but bare with me, what’s your opinions please.
Bought a new tanker with a 3 year manufactures warranty. 18 months old and the tank started cracking in 2 places. Contacted dealer and manufacturer recommended patching up rather than welding so that it didn’t affect the galvanising. 5 weeks later and it starts cracking again elsewhere. So now manufacturer accepts a problem and states they will “build a new tank for it” (got proof in email) This is back in October 2017. Fast forward to December 2018 and tanker cracks again in another place.
Now we’re up to February 2019, still on the original tank and now it’s done this.

Manufacturer has been out from Belgium to look at it, scratched their heads, say its still under warranty and say they will build a new tank but it will take 16 weeks!!
They won’t supply a back up tanker to keep us going.
Their answer is to buy another tanker from them but no discount available as its peak season for tankers.
Now as we are desperate and they had a tanker in stock we went ahead and bought it.
Now for problem 2.
Paid our dealer over £50k plus vat 2 weeks ago for the tanker. Got the serial number. Dealer said it would leave Belgium on Monday and be in his yard Wednesday. Then it was leaving Wednesday, turning up Friday. Following Monday asked where it was and had he paid to be told “paid so much on Friday and the rest today” (Monday). Delivery Wednesday. Still nothing.
Phoned manufacturer up to see what was going on to be told that the dealer was up to his credit limit with manufacturer and that our money had gone to pay dealers debt off and that they wont release tanker until its payed in full. Dealer won’t answer telephone to me now.
Now, where the hell do I stand?
What’s the situation with the dealer using my money to buy/pay off something else? Is this legal?
This isn’t the first time this dealer has pulled this trick, so I’ve since found out.
What’s the situation with manufacturer not supplying a machine whilst ours is out of action whilst still under warranty.

Thanks

 

[Rob Holmes]

Solicitors

 

[davidroberts30]

Go visit dealer with your solicitor!!

 

[Tim G]

Get legal with the dealer.

 

[milkloss]

Legal. You’re exceedingly lucky (more likely shrewd) to be in a position to just go and buy another one I’ll say but don’t let them get away with this sort of rubbish without a suitable explanation.

I’ve been done like this over a kitchen, just had to walk away.

 

[Boohoo]

The problem could be more than just the dealer.
Has the dealer used the money to buy/pay off something else or has the manufacturer used the money to reduce the dealer's credit limit?
If the manufacturer promised to build a new tank in October 2017 why haven't you got it yet?

 

[Mursal]

Finance company will sort it if you used them?
If not I'm not sure what to do, sorry.

 

[Chris F]

I have alerted my contact at Joskin. Sounds like you are caught in the middle here wrongly.

 

[d williams]

Bit of a long story but bare with me, what’s your opinions please.
Bought a new tanker with a 3 year manufactures warranty. 18 months old and the tank started cracking in 2 places. Contacted dealer and manufacturer recommended patching up rather than welding so that it didn’t affect the galvanising. 5 weeks later and it starts cracking again elsewhere. So now manufacturer accepts a problem and states they will “build a new tank for it” (got proof in email) This is back in October 2017. Fast forward to December 2018 and tanker cracks again in another place.
Now we’re up to February 2019, still on the original tank and now it’s done this.

View attachment 770436

Manufacturer has been out from Belgium to look at it, scratched their heads, say its still under warranty and say they will build a new tank but it will take 16 weeks!!
They won’t supply a back up tanker to keep us going.
Their answer is to buy another tanker from them but no discount available as its peak season for tankers.
Now as we are desperate and they had a tanker in stock we went ahead and bought it.
Now for problem 2.
Paid our dealer over £50k plus vat 2 weeks ago for the tanker. Got the serial number. Dealer said it would leave Belgium on Monday and be in his yard Wednesday. Then it was leaving Wednesday, turning up Friday. Following Monday asked where it was and had he paid to be told “paid so much on Friday and the rest today” (Monday). Delivery Wednesday. Still nothing.
Phoned manufacturer up to see what was going on to be told that the dealer was up to his credit limit with manufacturer and that our money had gone to pay dealers debt off and that they wont release tanker until its payed in full. Dealer won’t answer telephone to me now.
Now, where the hell do I stand?
What’s the situation with the dealer using my money to buy/pay off something else? Is this legal?
This isn’t the first time this dealer has pulled this trick, so I’ve since found out.
What’s the situation with manufacturer not supplying a machine whilst ours is out of action whilst still under warranty.

Thanks

If you’ve got a serial number and that relates to a invoice/finance agreement then dealer is in breach of contract demand money back if he’s got it ?

 

[Charlie M]

The dealer says he’s paid it to joskin, but he held it for best part of a week, why I don’t know. I honestly don’t know if he has paid it to them or if he’s used it to pay his merlo or Agco debt off.
Yes spoke to joskin rep, know him very well, that’s who told me our dealer was up to his limit.
As for not getting the new tank, that’s how joskin operate, keep dragging the situation along hoping it will go away.

 

[Mursal]

But you have no interest in what the dealer did with your money or his limit with Joskin.
Money or tank you decide, what happens between the other parties is of little or no interest to you.

We would not believe Joskin or their representatives at this stage, or enter into a conversation with them unless its through E-Mail.

If this is all true (if), surely Joskin will be looking for a new dealer in your area ASAP?

 

[Speedstar]

Bit of a long story but bare with me, what’s your opinions please.
Bought a new tanker with a 3 year manufactures warranty. 18 months old and the tank started cracking in 2 places. Contacted dealer and manufacturer recommended patching up rather than welding so that it didn’t affect the galvanising. 5 weeks later and it starts cracking again elsewhere. So now manufacturer accepts a problem and states they will “build a new tank for it” (got proof in email) This is back in October 2017. Fast forward to December 2018 and tanker cracks again in another place.
Now we’re up to February 2019, still on the original tank and now it’s done this.

View attachment 770436

Manufacturer has been out from Belgium to look at it, scratched their heads, say its still under warranty and say they will build a new tank but it will take 16 weeks!!
They won’t supply a back up tanker to keep us going.
Their answer is to buy another tanker from them but no discount available as its peak season for tankers.
Now as we are desperate and they had a tanker in stock we went ahead and bought it.
Now for problem 2.
Paid our dealer over £50k plus vat 2 weeks ago for the tanker. Got the serial number. Dealer said it would leave Belgium on Monday and be in his yard Wednesday. Then it was leaving Wednesday, turning up Friday. Following Monday asked where it was and had he paid to be told “paid so much on Friday and the rest today” (Monday). Delivery Wednesday. Still nothing.
Phoned manufacturer up to see what was going on to be told that the dealer was up to his credit limit with manufacturer and that our money had gone to pay dealers debt off and that they wont release tanker until its payed in full. Dealer won’t answer telephone to me now.
Now, where the hell do I stand?
What’s the situation with the dealer using my money to buy/pay off something else? Is this legal?
This isn’t the first time this dealer has pulled this trick, so I’ve since found out.
What’s the situation with manufacturer not supplying a machine whilst ours is out of action whilst still under warranty.

Thanks

That manufacturer has had a lot of problems with there tankers and machinery, I was in a dealership in Holland last year and it was full of problem machines and they were not interested in sorting them out, the story about the dealer and the money was the same answer we got when waiting on a trailing shoe from them, turned up in the end but the dealer told me it was paid for in full weeks before it turned up, don't think they are the best manufacturer to work with

 

[TomD]

That's pretty bad form on joskins behalf as they are knowingly using a customer money to pay of a dealers debt they should sort your issue out quickly!

 

[New holland]

Why didn't you tell them to take your old one back and just pay the difference for the new one

 

[Rob Holmes]

Why did you buy another Joskin if their backup is so rubbish?

 

[Jim B]

If they were going to cover it and build you a new tanker to replace yours, why didn't they just supply the new tanker they had in stock and take yours back?

 

[Mursal]

They make the Irish manufacturers look like saints ...................

 

[Bury the Trash]

Wrong thickness of steel used looks like..weight saving...

 

[Charlie M]

Why didn't you tell them to take your old one back and just pay the difference for the new one

Joskin have no interest in taking the tanker back.

 

[Charlie M]

Why did you buy another Joskin if their backup is so rubbish?

We run 4 Joskin and got on very well with them. They were the only manufacturer who had a tanker immediately available.