Hey Folks, I purchased a 2010 XF Portolio from AutoShowcase of Carol Stream in Illinois. Before car was shipped from Carol Stream to Miami I had the sales person send me the Title, manuals extra key by FedEx so that nothing was in the car to tempt the trucker. Car arrived fine but the package did not. I complained and it turns out the sales person shipped the package by US Post Mail!!!. After a month the Post Office told me to consider the package lost and that it was not insured and that they were Sorry. I contacted the dealer and the clerk that compleated the sale told me that it was not their fault the package was lost and that they would only replace the Title. I understand that this was not there fault but this does not releive them from the responsability of getting my stuff back to me. What do you think and where can I complain?

Riq

 

When making complaints it is important to remember that there is a chain of command, and that you can go up the chain as required. You will probably have to go beyond the clerk.

If there was an agreement that one method of shipping was to be used and it was not used, that would put them on a weaker footing as they did not honour the agreement. But, you have to address that point specifically. Never assume anything when discussing a complaint.

 

Contact the Postal Inspectors Office. Call them and briefly explain what happened and they'll send you paperwork to fill out. I know it won't immediately solve your problem, but it's an "official" start.
Plums is right about the shipping method, the dealership should make good since they screwed up.
Keep copies of all correspondence.
As an aside, last April, my wife sold her lease car to her son. All paperwork was properly completed and sent to the DMV in Sacramento, CA. They sent the pink slip and registration the first of May, we still have not received it thru the post orifice, duplicates were made. We contacted the Postal Inspectors office and did the paperwork stuff, still nothing.
Hope you have better luck.

 

When I got my 370Z new, the dealer had lost the second key. Since they didn't have any "blanks" in stock, they sent me back home (150 miles) with a "We Owe" stating that I could go to a local dealership and have another key made at their expense. That was somewhere around $500. I know when I purchased my XF they offered me the same ~$250 key lost protection as they did on the Z. So I assume getting a new one should cost in that range. I'd make a whole lot of phone calls before I let that dollar figure slip by due to a shipping error. Until it's in your hands, they are still responsible in my opinion.

 

It's their obligation to provide the items per the agreement. That the post office screwed up is their problem, not yours.

Cheers
DD

 

Pretty much.

And the USPS has additional features available such as registration, insurance, priority mail, etc. that could have been used.

Sounds like the clerk tried to save a few pennies, or the bother of filling out forms and lost the lottery.

Doesn't make it the customer's problem.

If they won't play ball, you can always try filing a BBB complaint with their local BBB. For the few dollars involved when talking about their cost to cut a new key, there is no incentive for them to have a black mark against their business in their local market.

Don't forget the fees for reprogramming at your local dealer that you will need to get the new key to work. That is required anyways. But, if they start squealing, point out that there is an enabled key wandering around out there, matched to your car, with your address on the envelope. Surely that's a theft risk.

Thankfully, when you get the keys reprogrammed, any keys not programmed during that session will be dropped from the security module. However, at least on earlier cars, the key will still physically unlock the car, even if it cannot start the car.

The OP would be better off if the seller just sent a check to cover buying, cutting and reprogramming the key at the local dealer.

A particularly picky owner might push for a complete new set of keys, new locks all around, installation and reprogramming.

 

Plums is right - use the higher chain of command to your advantage and be professional but stern. They do not want a black spot on their reputation. Be the squeaky wheel.

Make the sales clerk uncomfortable - tell them that you would like to speak to the GM or owner because you want to file a complaint. That should make the clerk uncomfortable right off the bat - it's usually worked for me in the past.

 

Great advice. Do you think I should call or send an email to the GM explaining everything?

 

I think you should write in good old fashioned pen and ink and have it sent with proof of delivery.

 

Did you buy the car from a Jaguar dealer?

 

Normal contract law provides that title passes only on delivery. For a car, as for a house, delivery is symbolized by delivery of the keys. For houses this may be symbolic, for a modern car a vital component is the chip in the key which is matched to and forms part of the ECU which includes the anti theft device mandatory on cars. Delivery of the car without a key is worse than delivery without an engine or even a ECU. You cannot even fit a new engine or ECU to fix this defect. Only programmed keys from an authorized jaguar dealer will work.

The dealer is in breach of contract and owes you the keys or a complete refund plus any damages you have in excess.

 

Great info Jagular thank you.

 

Jagular you have a strange take on reality. You are so far from the real world it is almost laughable. It is the norm for a shipping company to have the books & keys when a car is delivered. When a Jaguar dealer gets their cars the spare keys & books are in the car. The CO (certificate of origin) is sent to the dealer via mail. It is an unfortunate situation this person has had but that is the down side to not dealing with a local or authorized dealer. The dealer in good faith did send the books ,keys & title. The dealer can get a duplicate title, not a big deal. The books & keys should have been in the car, but as I have seen posted here "Jagular knows all".

 

A phone call first to the GM followed by a letter to the GM....certified..return receipt requested and restricted delivery..( that denotes that only the addressee can sign for it.
Opening sentence... "Confirming our recent phone conversation on the delivery of my car, title, keys, manual"...etc...or something similar..
Keep copies of everthing.
This way has worked for me in the past on other subjects, they can't get around it.

 

I asked the clerk for the name and phone of the GM, he replied..."sorry you are upset but I can't give you his name or phone number. As if I can't get this information elsewhere. Strange.

 

What a terrible situation and i feel for you but still wondering why you would want keys/title/etc shipped separate from the car? You were worried the driver would take it down and thrash it? Ive never heard of any good shipper doing anything of the sort. Part of picking a good shipper is to find a professional, reputable, and most important, find one that's insured and you don't have these issues. That being said, a dealer absolutely needs to make sure they would ship keys via fed ex or insured trackable USPS! Go around the sales jerk and get directly to the GM.

 

Your qualifications to express this view? I realize I lack technical expertise to give opinions on US law but most States base their law on English law which I am qualified to opine upon.

Here the Vendor covenanted for delivery to the Purchaser. The Vendor failed to complete the delivery. The risk of loss falls upon the Vendor. Failure to complete delivery is a fundamental breach of contract entitling the innocent party to sue for damages, sue for "rescission" which technically is termination for repudiation by breach or sue for specific performance and any damages caused.

You can successfully quibble about my use of the word "title" by which I meant effective transfer of ownership, for simplicity. Title to the car and its keys does pass upon the formation of the contract, absent contractual terms to the contrary which are usual in that Vendors routinely retain title until payment has been made, but the covenant for delivery means the risk of loss remains with the Vendor until delivery has been completed.

Anything more accurate by way of legal advice you will need to pay for. I am not licensed to practice in the US so you are on your own there.

 

Bad move on the part of the clerk. In most large organisations, the CSR *must* pass you through or provide the information. In this case, the clerk might be wanting the problem to just go away without repercussions.

However, it is actually a bonus for you. Because it can be the first thing you bring up when you reach the GM or sales manager. That puts you +1 on the scoreboard.

So .. just phone the general number and ask for the party you select. Sales manager ought to be first before the GM. And followup in writing via mail as outlined in another post.

 

Just to clarify a point we are talking about the spare key correct? This means the car can be driven. The only issue is books & a spare key the customer made the descion not to leave in the car for whatever reason & a clerk who shipped something in a more economical manner. The title is a simple replacement.

 

Yes and no.

There is reprogramming and the fact that there is a key wandering around out there that has an address attached to it.