Solicitor to sue an Audi dealer

Solicitor to sue an Audi dealer

Author
Discussion

Simpo Two

85,467 posts

265 months

Tuesday 6th February
quotequote all
FMOB said:
If you get a judgement and they don't pay get the baliff to start looking for the server room and pull out anything with a fibre optic cable going into it. Will shut down their operations in minutes and open the cheque book just as quickly.
I greatly enjoyed the one where an airline owed Mrs Miggins a refund - so they went to the airport and closed their check-in desk. That soon got somebody down from an office to pay hehe

But first, you have to get there... (to winning the case, not to the airport)

SteveKTMer

751 posts

31 months

Tuesday 6th February
quotequote all
If you pay a solicitor to prosecute a car dealer you have no contract with and who has no legal obligation to you, then I need to speak to you about some magic beans I would like to sell, they're probably just right for you.


the-norseman

12,444 posts

171 months

Tuesday 6th February
quotequote all
SteveKTMer said:
If you pay a solicitor to prosecute a car dealer you have no contract with and who has no legal obligation to you, then I need to speak to you about some magic beans I would like to sell, they're probably just right for you.
Hes bought some already and is planning on taking the seller to court about them as well.

EddieSteadyGo

11,951 posts

203 months

Tuesday 6th February
quotequote all
SteveKTMer said:
If you pay a solicitor to prosecute a car dealer you have no contract with and who has no legal obligation to you, then I need to speak to you about some magic beans I would like to sell, they're probably just right for you.
To be fair, if the original inspection report document had said what the OP claimed he was told on the phone, then he might have had a case. As per an earlier case law example, there is some level of professional obligation, even if there isn't a contract or payment involved. That been said, it's purely hypothetical, as the only actual evidence the Op does have isn't in his favour....

Recalcitrant

41 posts

25 months

Tuesday 6th February
quotequote all
I love how the OP has just ignored all of the posts he doesn't like - the overwhelmingly majority, saying he hasn't a leg to stand on.

There are so many issues here, there's no contract, nothing in writing from Audi saying that 'X' will definitely fix the issue, etc.

Please don't waste more of your time on this, it's not even principle at this point, you gambled on a sketchy old car, and lost. Accept it and move on.

alscar

4,138 posts

213 months

Tuesday 6th February
quotequote all
I’m a bit surprised that whomever you spoke to at the dealer even said anything to you given you had at that stage no relationship at all with them and weren’t actually paying for a health report of any kind.
At the very least perhaps establishing who they actually were and their title may have helped you.
I’m sure there will be solicitors that would only be too glad to relive you of some money but as the vast majority of replies have said I fear your chances of the dealer taking that claim seriously and more importantly anyone else making a then judgement are remote at best.
Ultimately you bought the car from a private seller and paid a reduced price accordingly based on supposedly one telephone call with someone you cannot now identify and presumably neither can the dealer given their “ non recorded “ tale.
For the price of a solicitor to get nowhere you could probably get the car fixed to either then keep it or try and move it on.
Best of luck but I really would suggest you don’t try and take this to court.




Fast and Spurious

1,323 posts

88 months

Tuesday 6th February
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Can't be bothered to check user names but is this the same chap wanting to sue estate agents over house photos? It's in the same league....

vaud

50,535 posts

155 months

Tuesday 6th February
quotequote all
Recalcitrant said:
I love how the OP has just ignored all of the posts he doesn't like
To be fair to the OP, he didn't ask for advice at first, he asked for the name of a lawyer.

sugerbear

4,040 posts

158 months

Tuesday 6th February
quotequote all
alscar said:
I’m a bit surprised that whomever you spoke to at the dealer even said anything to you given you had at that stage no relationship at all with them and weren’t actually paying for a health report of any kind.
At the very least perhaps establishing who they actually were and their title may have helped you.
I’m sure there will be solicitors that would only be too glad to relive you of some money but as the vast majority of replies have said I fear your chances of the dealer taking that claim seriously and more importantly anyone else making a then judgement are remote at best.
Ultimately you bought the car from a private seller and paid a reduced price accordingly based on supposedly one telephone call with someone you cannot now identify and presumably neither can the dealer given their “ non recorded “ tale.
For the price of a solicitor to get nowhere you could probably get the car fixed to either then keep it or try and move it on.
Best of luck but I really would suggest you don’t try and take this to court.
I am sure that if he bought the car for £5k under the asking price and the dealership fixed it for £300 he would be sharing the uplift in price with the dealership :-)

Hammersia

1,564 posts

15 months

Tuesday 6th February
quotequote all
vaud said:
Recalcitrant said:
I love how the OP has just ignored all of the posts he doesn't like
To be fair to the OP, he didn't ask for advice at first, he asked for the name of a lawyer.
A solicitor who is also handy with the spanners specifically.

alscar

4,138 posts

213 months

Tuesday 6th February
quotequote all
sugerbear said:
I am sure that if he bought the car for £5k under the asking price and the dealership fixed it for £300 he would be sharing the uplift in price with the dealership :-)
I think he quoted £2,500 cheapest to £6,000 Audi to fix it.
I’m sure his chosen solicitor would be happy to write a couple of letters for somewhere within that range.

85Carrera

3,503 posts

237 months

Tuesday 6th February
quotequote all
davidcw58 said:
Agreed but they knew the purpose and reading the judgement they therefore had a duty of care to me
Based on the facts presented, they do not owe you a duty of care.

You should have paid for your own independent inspection if you wanted to a claim for negligent advice (which would be a contractual, not a tortious claim).

FMOB

866 posts

12 months

Tuesday 6th February
quotequote all
Simpo Two said:
FMOB said:
If you get a judgement and they don't pay get the baliff to start looking for the server room and pull out anything with a fibre optic cable going into it. Will shut down their operations in minutes and open the cheque book just as quickly.
I greatly enjoyed the one where an airline owed Mrs Miggins a refund - so they went to the airport and closed their check-in desk. That soon got somebody down from an office to pay hehe

But first, you have to get there... (to winning the case, not to the airport)
Indeed, every company has its pressure points.

FMOB

866 posts

12 months

Tuesday 6th February
quotequote all
Hammersia said:
vaud said:
Recalcitrant said:
I love how the OP has just ignored all of the posts he doesn't like
To be fair to the OP, he didn't ask for advice at first, he asked for the name of a lawyer.
A solicitor who is also handy with the spanners specifically.
Suspect the OP would be the one receiving the spanner.

Forester1965

1,482 posts

3 months

Tuesday 6th February
quotequote all
FMOB said:
Suspect the OP would be the one receiving the spanner.
The solicitor needs to be careful with that spanner. Wouldn't want to over-tighten the nut.

KungFuPanda

4,334 posts

170 months

Tuesday 6th February
quotequote all
I’d hate to be the solicitor that’s stupid enough to take this case on.

Win or lose, I fear the OP will try and sue the solicitor for professional negligence when he’s presented with the bill of costs…

nikaiyo2

4,741 posts

195 months

Tuesday 6th February
quotequote all
KungFuPanda said:
I’d hate to be the solicitor that’s stupid enough to take this case on.

Win or lose, I fear the OP will try and sue the solicitor for professional negligence when he’s presented with the bill of costs…
Why? The solicitor won’t give a monkeys, they get paid whatevertongue out

vaud

50,535 posts

155 months

Tuesday 6th February
quotequote all
FMOB said:
Hammersia said:
vaud said:
Recalcitrant said:
I love how the OP has just ignored all of the posts he doesn't like
To be fair to the OP, he didn't ask for advice at first, he asked for the name of a lawyer.
A solicitor who is also handy with the spanners specifically.
Suspect the OP would be the one receiving the spanner.
Personally I think the OP is misguided but it's his/her money and it's a free market.

The solicitor needs to act in the interests of their client but a good way to deplete bank balances is on principle. Especially with cars at 100k miles and dealers who are no longer specialists in their trade.

BertBert

19,059 posts

211 months

Wednesday 7th February
quotequote all
alscar said:
I’m a bit surprised that whomever you spoke to at the dealer even said anything to you given you had at that stage no relationship at all with them and weren’t actually paying for a health report of any kind.
At the very least perhaps establishing who they actually were and their title may have helped you.
I’m sure there will be solicitors that would only be too glad to relive you of some money but as the vast majority of replies have said I fear your chances of the dealer taking that claim seriously and more importantly anyone else making a then judgement are remote at best.
Ultimately you bought the car from a private seller and paid a reduced price accordingly based on supposedly one telephone call with someone you cannot now identify and presumably neither can the dealer given their “ non recorded “ tale.
For the price of a solicitor to get nowhere you could probably get the car fixed to either then keep it or try and move it on.
Best of luck but I really would suggest you don’t try and take this to court.
The OP didn't speak to the dealer, the seller did!

silentbrown

8,842 posts

116 months

Wednesday 7th February
quotequote all
BertBert said:
The OP didn't speak to the dealer, the seller did!
He did.
OP said:
As it said 'further work required' I rang them to discuss.