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Said
#1 Posted : Tuesday, December 09, 2014 7:59:58 PM
Rank: Hello


Joined: 8/6/2010
Posts: 9
Location: Mombasa
I was selling a vehicle to a lady. We agreed a price and a bulk of the price was to be financed by her bank (80% her bank and 20% herself).

Two of the requirements of her bank was to have the car fitted with car alarm and to have the car valued by AA of Kenya. She mpesad 11K for alarm and valuation only and the needful was done. I have original receipts of both in her name. I also have the original AA valuation report in her name.

She was supposed to pay the 20% at a specified date and unfortunately she did not do so. I followed up the payment for a few days with no results. We later agreed that I could go ahead and sell the car to other customers.

After 3 weeks she calls and asks if the car is available. I told her that I am now at advanced stage with another buyer and I am expecting final payment any time.

It is at this point that she demanded the 11K she mpesad earlier. I agreed to refund 5.6K for the alarm but she also wants 5.4K for the valuation. I explained to her that unlike the alarm, the valuation was a service provided by AA and can't be recovered.

She is now threatening legal action against me to recover the 5.4K.
DOES SHE HAVE A CASE?
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Swenani
#2 Posted : Tuesday, December 09, 2014 9:54:33 PM
Rank: User


Joined: 8/15/2013
Posts: 13,236
Location: Vacuum
Said wrote:
I was selling a vehicle to a lady. We agreed a price and a bulk of the price was to be financed by her bank (80% her bank and 20% herself).

Two of the requirements of her bank was to have the car fitted with car alarm and to have the car valued by AA of Kenya. She mpesad 11K for alarm and valuation only and the needful was done. I have original receipts of both in her name. I also have the original AA valuation report in her name.

She was supposed to pay the 20% at a specified date and unfortunately she did not do so. I followed up the payment for a few days with no results. We later agreed that I could go ahead and sell the car to other customers.

After 3 weeks she calls and asks if the car is available. I told her that I am now at advanced stage with another buyer and I am expecting final payment any time.

It is at this point that she demanded the 11K she mpesad earlier. I agreed to refund 5.6K for the alarm but she also wants 5.4K for the valuation. I explained to her that unlike the alarm, the valuation was a service provided by AA and can't be recovered.

She is now threatening legal action against me to recover the 5.4K.
DOES SHE HAVE A CASE?



Rudisha pesa,since the valuation report will be used by you or your new customer,it only makes sense for you to refund the money
If Obiero did it, Who Am I?
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tom_boy
#3 Posted : Tuesday, December 09, 2014 10:11:57 PM
Rank: Member


Joined: 2/20/2007
Posts: 767
Hakuna kesi hapo.
They must find it difficult....... those who have taken authority as the truth, rather than truth as the authority. -G. Massey.
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Gordon Gekko
#4 Posted : Tuesday, December 09, 2014 10:13:00 PM
Rank: Elder


Joined: 5/27/2008
Posts: 3,760
Swenani wrote:
Said wrote:
I was selling a vehicle to a lady. We agreed a price and a bulk of the price was to be financed by her bank (80% her bank and 20% herself).

Two of the requirements of her bank was to have the car fitted with car alarm and to have the car valued by AA of Kenya. She mpesad 11K for alarm and valuation only and the needful was done. I have original receipts of both in her name. I also have the original AA valuation report in her name.

She was supposed to pay the 20% at a specified date and unfortunately she did not do so. I followed up the payment for a few days with no results. We later agreed that I could go ahead and sell the car to other customers.

After 3 weeks she calls and asks if the car is available. I told her that I am now at advanced stage with another buyer and I am expecting final payment any time.

It is at this point that she demanded the 11K she mpesad earlier. I agreed to refund 5.6K for the alarm but she also wants 5.4K for the valuation. I explained to her that unlike the alarm, the valuation was a service provided by AA and can't be recovered.

She is now threatening legal action against me to recover the 5.4K.
DOES SHE HAVE A CASE?



Rudisha pesa,since the valuation report will be used by you or your new customer,it only makes sense for you to refund the money

Wrong. She sent @Said to do the valuation on her behalf. Do you ask your mboch to give back your chums after you've sent her to buy eggs at the kiosk?
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Said
#5 Posted : Tuesday, December 09, 2014 10:13:04 PM
Rank: Hello


Joined: 8/6/2010
Posts: 9
Location: Mombasa
No, I can't use the same valuation report for another customer.

Valuation reports are not transferrable and are specific to the person addressed to.

The second customer paid for a new valuation and the car was valued for a second time by AA.

I disagree to refund the AA money since I didn't pocket it; AA did.

The car alarm will be used by my new customer and that is why I have no problem refunding the alarm amount.
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muganda
#6 Posted : Wednesday, December 10, 2014 12:09:52 PM
Rank: Elder


Joined: 9/15/2006
Posts: 3,905
@Said, as I see it, she should have procured valuation herself and paid it - good you made a point that it was done in her name.

Nevertheless, “Men are so necessarily mad, that not to be mad would amount to another form of madness.” ― Blaise Pascal

So, arrange to ensure both valuation & receipt are delivered to her, or are left for her to pick at same AA office and she can seek a refund there.
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qooler
#7 Posted : Wednesday, December 10, 2014 3:19:56 PM
Rank: Member


Joined: 6/18/2012
Posts: 235
Said wrote:
I was selling a vehicle to a lady. We agreed a price and a bulk of the price was to be financed by her bank (80% her bank and 20% herself).

Two of the requirements of her bank was to have the car fitted with car alarm and to have the car valued by AA of Kenya. She mpesad 11K for alarm and valuation only and the needful was done. I have original receipts of both in her name. I also have the original AA valuation report in her name.

She was supposed to pay the 20% at a specified date and unfortunately she did not do so. I followed up the payment for a few days with no results. We later agreed that I could go ahead and sell the car to other customers.

After 3 weeks she calls and asks if the car is available. I told her that I am now at advanced stage with another buyer and I am expecting final payment any time.

It is at this point that she demanded the 11K she mpesad earlier. I agreed to refund 5.6K for the alarm but she also wants 5.4K for the valuation. I explained to her that unlike the alarm, the valuation was a service provided by AA and can't be recovered.

She is now threatening legal action against me to recover the 5.4K.
DOES SHE HAVE A CASE?


The valuation report is in her name, its means she paid for the service. Let her claim the refund from AA
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TheGeek
#8 Posted : Wednesday, December 10, 2014 5:07:16 PM
Rank: Member


Joined: 7/3/2014
Posts: 245
Said wrote:
I was selling a vehicle to a lady. We agreed a price and a bulk of the price was to be financed by her bank (80% her bank and 20% herself).

Two of the requirements of her bank was to have the car fitted with car alarm and to have the car valued by AA of Kenya. She mpesad 11K for alarm and valuation only and the needful was done. I have original receipts of both in her name. I also have the original AA valuation report in her name.

She was supposed to pay the 20% at a specified date and unfortunately she did not do so. I followed up the payment for a few days with no results. We later agreed that I could go ahead and sell the car to other customers.

After 3 weeks she calls and asks if the car is available. I told her that I am now at advanced stage with another buyer and I am expecting final payment any time.

It is at this point that she demanded the 11K she mpesad earlier. I agreed to refund 5.6K for the alarm but she also wants 5.4K for the valuation. I explained to her that unlike the alarm, the valuation was a service provided by AA and can't be recovered.

She is now threatening legal action against me to recover the 5.4K.
DOES SHE HAVE A CASE?



You got yourself in this whole mess by agreeing to modify a car that has not been paid for plus accepting to be an AA agent.
what you should have done is let the buyer arrange with AA valuation, get payment for the car as is then hookup the buyer with mpps as an addon to the sale.

Mail her the receipt via a courier and make sure she signs for it.


In the world of securities, courage and patience become the supreme virtues after adequate knowledge and a tested judgment are at hand.
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Said
#9 Posted : Wednesday, December 10, 2014 5:11:09 PM
Rank: Hello


Joined: 8/6/2010
Posts: 9
Location: Mombasa
muganda wrote:
@Said, as I see it, she should have procured valuation herself and paid it - good you made a point that it was done in her name.

Nevertheless, “Men are so necessarily mad, that not to be mad would amount to another form of madness.” ― Blaise Pascal

So, arrange to ensure both valuation & receipt are delivered to her, or are left for her to pick at same AA office and she can seek a refund there.



muganda that's what I exactly did. I asked her by SMS to text her preferred delivery address/method but has not replied yet.
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Said
#10 Posted : Wednesday, December 10, 2014 9:18:04 PM
Rank: Hello


Joined: 8/6/2010
Posts: 9
Location: Mombasa
TheGeek wrote:
You got yourself in this whole mess by agreeing to modify a car that has not been paid for plus accepting to be an AA agent.


As I mentioned in the OP, two of the requirements of her bank was to have the car valued by AA and to have the car fitted with an alarm system. This is a standard practice whenever a deal is financed by a bank. Otherwise, the bank does not pay.

Also, I think it is the other way round; I agreed to be her agent at AA. I took the car to AA as the buyer, paid for the service as the buyer and even got receipted as the buyer by AA.

TheGeek wrote:
what you should have done is let the buyer arrange with AA valuation, get payment for the car as is then hookup the buyer with mpps as an addon to the sale.


Letting a buyer arrange the AA valuation literally means handing over the car to the buyer for the purpose of the valuation and hoping the buyer will return the vehicle in good faith after the valuation is complete. For obvious reasons, car dealers never do this and take the cars themselves to AA on behalf of the buyer.

TheGeek wrote:
Mail her the receipt via a courier and make sure she signs for it.


This is solid advice. Thank you very much.
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kysse
#11 Posted : Wednesday, December 10, 2014 11:53:47 PM
Rank: Elder


Joined: 1/17/2013
Posts: 4,693
Location: Earth
@ Said as a supplier you are allowed to act as agent to 3rd party service providers in your industry.
Clients don't like hustle, so you bring 3rd party services like AA to their doorstep.
BUT as you do so,make the client aware of the existence of 3rd party costs and whose responsibility they are because they will claim that 'you didn't advice them'as the expert..NEVER assume they know.


Typical scenario;
Client wants A from you, but without C from a 3rd party she can't get A so;
1.She can get C direct from 3rd party with all the hustle or
2.She can get C through you but at a small fee or none-just have email proof and receipts.

Either way C must be paid for by client cz it's not your cost.
Talk to her nicely.
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