Pegasus 4x4 have threatened me with legal action! - Nissan-Navara.net
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post #1 of 38 (permalink) Old 24-02-16, 09:04 PM Thread Starter
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Join Date: Dec 2015
Location: Norfolk
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Pegasus 4x4 have threatened me with legal action!

I bought an Avantgarde (top of the range) truck top from Pegasus last July.
2 weeks later I phoned Pegasus to tell them that the rear window didn't fit/lock properly and that I could see daylight under the front seal as the fibreglass wasn't cut straight and the body to top gap was too big for the seal to close.
I then heard nothing from Pegasus. I then sent them numerous reminder emails and phone calls ending in the one 5 weeks later where I informed them that I had contacted my credit card provider who informed me I was entitled to a refund.
They sent a third party fitter to look at the top. He said it needed replacing and took some photos to show his boss.
Pegasus still denied it needed anything more than adjustments.
I contacted my credit card provider and had a full refund by mid November last year.
I sent Pegasus notification of what was going on and kept asking them to collect the item.
I then heard nothing from Pegasus until early this month. They asked me if I would consider buying the top at a reduced price. I offered them 700 which they turned down. I told them to come and collect it.
A week ago I received an email from Alec Butt the founder of Pegasus. Up to this point my contact had been solely with Colin Moore who I think is some kind of manager. Mr Butt informed me that the credit card company had not taken the refund from his bank, that I had denied Pegasus access to the top and threatened me with court proceedings along with quoting a load of old waffle about non existent consumer acts.
I contacted my credit card who informed me that a seller has 45 days to contest a claim when a buyer receives a refund. I was refunded in November so the 45 days is long gone. I was also informed that once I have received a full refund for the goods that ownership of the goods immediately reverts to the seller (sounds logical/reasonable as I have got my money back).
I replied to Alec Butt and to cut a long story a bit shorter asked him yet again to collect the top from my home.
I got a reply within an hour in which he still denies that the credit card dispute is over and insists that he has not been stopped any funds.
Mr Butt yet again threatened to take me to court and also says that I now must take my truck with the top fitted all the way to Bristol so they can inspect/rectify it. He also says that I have been using the top on a daily basis so it must be OK- am I supposed to single handedly remove the top from my truck (impossible) and leave it on my front lawn or maybe just stop using my truck altogether?
Why? I haven't owned the top since last November!
Also, if Pegasus has been paid for it and I have got a refund, surely the top now belongs to the credit card provider not Pegasus so why was he trying to sell it to me on the cheap?
I ignored his email.
Today I got a solicitors letter from an online debt collection outfit called the Thomas Higgins Partnership threatening me with court proceedings if I don't pay Pegasus 2694 for the full cost of the top plus delivery and fitting within 7 days.
Bloody unbelievable!!!!!!!!!!!!!!!

Seems like court it is then!
Grrrrrrrrrr.....
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post #2 of 38 (permalink) Old 24-02-16, 09:15 PM
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Location: Cambridgeshire
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Thats very timely was about to order one from them lol . Off the list now.

I cannot understand how he can say the card company hasnt taken the money yet is sending threatening letters asking you to pay its a contradiction.
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post #3 of 38 (permalink) Old 24-02-16, 09:21 PM Thread Starter
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I am glad it is not just me who can't understand him!
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post #4 of 38 (permalink) Old 24-02-16, 09:25 PM
I'm now in 4th gear with power to spare!
 
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I'd been looking at them too for my new truck, definatley off the list now, speak to your credit card provider because they'll also cover any legal fees arising from this also refuse to deal with them by phone only by letter or email so you have a record. Post your story on every pickup form/social media you can find stick to the clear facts nothing more nothing less that 2694 they say you owe will be a drop in the ocean when they realise how much business it's cost them. This isn't the first story I've seen about them when problems arise but yours rings very true.
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post #5 of 38 (permalink) Old 24-02-16, 09:35 PM Thread Starter
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Location: Norfolk
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40 emails so far including today's reply to Pegasus's Solicitor. Also numerous photos and an Independent Garage Report on the top requested by the credit card (which Pegasus say is not valid as I had to pay for it)!
Happy days!
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post #6 of 38 (permalink) Old 24-02-16, 10:04 PM
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I cant understand why he's carrying on if the funds haven't been taken from his bank ?
Speak to your credit card company if they have refunded you but not yet reclaimed the funds from pegasus then the way I see it the top belongs to them!
Besides pegasus have an independent report stating the one you have is faulty so they should repair or replace at there expense

On a personal note I have a pegasus top and was quoted 65 + post and vat for a replacement brake light
I ended up completely rebuilding the internals myself for I think about 5 (noting the oem leds was prone to fault as it had insufficient waterproofing)
I also can see daylight through the door and in a down pour let's water in
Just saying, there quality isn't up to much

Also as said if you go round telling your story be sure to stick strictly to the facts you can prove! cos if they start loosing customers they could try a slander suit on you!
"slander" will only stick if untrue or unable to prove
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Last edited by gfromleeds; 24-02-16 at 10:12 PM.
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post #7 of 38 (permalink) Old 24-02-16, 10:22 PM
In top gear now and still pulling!
 
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I've never been a fan, since watching numerous ****/awkward videos with Alec fumbling his words and looking generally uncomfortable whilst trying to sell their average products at a premium price...

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post #8 of 38 (permalink) Old 27-02-16, 10:34 AM
Into 2nd gear now!
 
Join Date: Jan 2016
Location: Uk Hampshire
Posts: 36
Submit a counter claim for storage charges starting from the date of the refund and have it delivered by a baliff via money claim online 15 a day should do it. That should make them stfu and come collect it. Have they Facebook and Twitter accounts? Start hitting them with this and if they delete posts report them to trading standards for unfair consumer practice's as its astro turfing.

Carl
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post #9 of 38 (permalink) Old 27-02-16, 12:04 PM
In top gear now and still pulling!
 
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Location: Lancashire
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ahh well see him in court make sure you counter claim for time/reports etc
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post #10 of 38 (permalink) Old 27-02-16, 04:20 PM
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Assuming it is as you say it is:

Get legal advice about possible damages or losses incurred as a result of your frayed nerves and wasted time! And see if you can get your legal fees back. Also, make sure any information they have passed to a credit agency or debt collector is rescinded at their expense, when you win, and you'll need written evidence to ensure this has been done (else you will have bad credit for years to come).

If everything is in writing - and make sure you collate everything carefully with your solicitor - a court will likely sort it out in your favour in minutes. Courts don't care at all about the "he said - she said" nonsense. Contracts, facts and dates are the key. A reasonable legal rebuttal by letter from your solicitor might make these people go away before it gets to court. Remember, their solicitor has only heard one side of the story.

The moral of the tale is that this company have probably already lost a few sales by showing poor service, so if in a hole... etc... They sound like a company that is a bit desperate in my view.

The plural of anecdotes is not data. Anecdotes however, are better than hearsay.... And keep your NOx and particulate emissions LOW - it's better than killing your kids.

2014 Nav V6 (quite nice) & Celtic Rambler (awesome).
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