Solicitor to sue an Audi dealer

[119]

davidcw58 said:

Certainly all of my professional career I have worked on the basis that if I am giving any advice to someone, friend or client, paid or not, then I need to be careful because people may rely on that advice I therefore have a liability.

Edited by davidcw58 on Tuesday 6th February 07:55

And yet it's ok for you to seek legal advice from people on here.

[davidcw58]

davidcw58 said:

I'm in dispute with an Audi dealership who are hell bent on trying to avoid their legal, contractual and moral obligations. I have now decided I will probably sue them for problems resulting from bad advice and workmanship. Anyone know a litigation solicitor who actually knows something about car mechanics? If they understand it will save a lot of time!
Thanks

Anyway, rather than everyone throwing in their opinions about there being no contract, I shouldn't have bought it, etc, .....all of which I know but aren't relevant, the posting was asking for the name of a solicitor. That would be more helpful..........

[davidcw58]

119 said:

And yet it's ok for you to seek legal advice from people on here.

Read the original post. I wasn't seeking legal advice. I asked for a solicitor suggestion

[Forester1965]

davidcw58 said:

Thank you!
Part of my degree decades ago was contract/tort law and the moment I saw Hedley Byrne v Heller a bulb went on! I had forgotten the details but i'm glad to see it affirms what I have been saying.
Certainly all of my professional career I have worked on the basis that if I am giving any advice to someone, friend or client, paid or not, then I need to be careful because people may rely on that advice I therefore have a liability.

Edited by davidcw58 on Tuesday 6th February 07:55

A distinction in the above case is that the bank was acting on behalf of the client for an express purpose. The Audi dealership was hired by someone other than you.

[davidcw58]

Forester1965 said:

A distinction in the above case is that the bank was acting on behalf of the client for an express purpose. The Audi dealership was hired by someone other than you.

Agreed but they knew the purpose and reading the judgement they therefore had a duty of care to me

[Forester1965]

davidcw58 said:

Agreed but they knew the purpose and reading the judgement they therefore had a duty of care to me

You're going to have to argue that a second hand conversation via a receptionist meant Audi accepted a duty of care in advising you whether it was safe to buy the Audi. You'll also have to argue that simultaneously they had a contractual obligation to the seller, and that their duty of care to you (for free) via said receptionist tittle-tattle, overrrode that contractual, paid duty to seller.

Can't you see a fairly obvious problem with that?

[vaud]

OP

Try these guys: https://www.daslaw.co.uk/personal/how-can-we-help/...

Pay for some initial advice. Of course it's in their interest to sell you more but they might guide you towards hope/no hope.

[davidcw58]

Forester1965 said:

You're going to have to argue that a second hand conversation via a receptionist meant Audi accepted a duty of care in advising you whether it was safe to buy the Audi. You'll also have to argue that simultaneously they had a contractual obligation to the seller, and that their duty of care to you (for free) via said receptionist tittle-tattle, overrrode that contractual, paid duty to seller.

Can't you see a fairly obvious problem with that?

I don't see that the duty to the seller and myself are really different.

"Furthermore, if in a sphere in which a person is so placed that others could reasonably rely upon his judgment or his skill or upon his ability to make careful inquiry, a person takes it upon himself to give information or advice to, or allows his information or advice to be passed on to, another person who, as he knows or should know, will place reliance upon it, then a duty of care will arise. " I would hope that covers it. Time will tell.

If I mess up (which has happened twice in my career) then it is my fault and I accept responsibilty for it. I put my hand in my pocket and sort it out. Sadly most others don't do that.

[davidcw58]

vaud said:

OP

Try these guys: https://www.daslaw.co.uk/personal/how-can-we-help/...

Pay for some initial advice. Of course it's in their interest to sell you more but they might guide you towards hope/no hope.

I'll give them a call.
What I was really hoping for was a solicitor who picks up a spanner occasionally and has half a clue about car mechanics, hence my post on here. Maybe i'd have been better on one of the classic car forums.

[Forester1965]

davidcw58 said:

I'll give them a call.
What I was really hoping for was a solicitor who picks up a spanner occasionally and has half a clue about car mechanics, hence my post on here. Maybe i'd have been better on one of the classic car forums.

No, you don't need a solicitor who picks up spanners. You need one who specialises in negligence. Any reasonable lawyer will grasp the issue you have without needing to understand mechanics.

[Hammersia]

davidcw58 said:

vaud said:

OP

Try these guys: https://www.daslaw.co.uk/personal/how-can-we-help/...

Pay for some initial advice. Of course it's in their interest to sell you more but they might guide you towards hope/no hope.

I'll give them a call.
What I was really hoping for was a solicitor who picks up a spanner occasionally and has half a clue about car mechanics, hence my post on here. Maybe i'd have been better on one of the classic car forums.

You will find on PH a lot of nonsensical posts, you have to learn to filter them and pay more attention to the posters who are more of a big deal, like me.

[davidcw58]

Hammersia said:

You will find on PH a lot of nonsensical posts, you have to learn to filter them and pay more attention to the posters who are more of a big deal, like me.

Agreed. This experience has reminded me why I avoid social media!

[Some Gump]

Interesting thread.

Man looks at expensive but leggy car presumably going cheap but with a fault. Said cheap car has backstory of woe which may explain it's cheapness.

man asks seller to ask a garage who then says it's not that bad. Man is happy with taking this as risk mitigation on the old risk / reward decision.

Man decides to grab said bargain.

Learns it wasn't as bargimous as he thought, because it costs a lot to fix.

Decides to sue, asks for advice.

All advice is to not sue, no leg to stand on.

Man decides this is why all social media is bad.

[davidcw58]

Some Gump said:

Interesting thread.

Man looks at expensive but leggy car presumably going cheap but with a fault. Said cheap car has backstory of woe which may explain it's cheapness.

man asks seller to ask a garage who then says it's not that bad. Man is happy with taking this as risk mitigation on the old risk / reward decision.

Man decides to grab said bargain.

Learns it wasn't as bargimous as he thought, because it costs a lot to fix.

Decides to sue, asks for advice.

All advice is to not sue, no leg to stand on.

Man decides this is why all social media is bad.

There are so many errors in your assessment it is laughable. Starting with 'asks for advice'. and ending with 'decides all social media is bad' This experience has reminded me why I avoid social media! Read the OP where i asked for a solicitor suggestion and "This experience has reminded me why I avoid social media!" Not remotely the same as all social media is bad
You have just demonstrated exactly why I avoid social media. Too many people who cant read and state their misguided thinking as fact

Edited by davidcw58 on Tuesday 6th February 10:08

[Simpo Two]

President Merkin said:

WHat I mean is you should not assume a win = a cheque. I've been in the situation several times in business & had to send matters to enforcement. The mechanisms are one thing, human nature is another.

Well yes, that much is true. And only sue someone who has the money to pay. I think an Audi dealer has, and the prospect of HC bailiffs going to work on a showroom full of new Audis with customers watching is most entertaining

But the OP is determined to hire a solicitor, so good luck to him and I hope he (a) wins (b) ends up richer rather than poorer.

[MrBogSmith]

“Principled” litigation against a large business, what could go wrong?

[mcpoot]

davidcw58 said:

Some Gump said:

Interesting thread.

Man looks at expensive but leggy car presumably going cheap but with a fault. Said cheap car has backstory of woe which may explain it's cheapness.

man asks seller to ask a garage who then says it's not that bad. Man is happy with taking this as risk mitigation on the old risk / reward decision.

Man decides to grab said bargain.

Learns it wasn't as bargimous as he thought, because it costs a lot to fix.

Decides to sue, asks for advice.

All advice is to not sue, no leg to stand on.

There are so many errors in your assessment it is laughable. Starting with me asking for advice. Read the OP

Man decides this is why all social media is bad.

Man does not ask for advice

Man asks if anyone knows a litigation solicitor who actually knows something about car mechanics

Poster ignores this and posts bks in standard PH fashion

[davidcw58]

mcpoot said:

Man does not ask for advice

Man asks if anyone knows a litigation solicitor who actually knows something about car mechanics

Poster ignores this and posts bks in standard PH fashion

Thank you. Someone who can read :-)

[Actual]

I am concerned for the poor Audi dealer receptionist who passed on the message as they could not have had any knowledge or realisation of the implications for providing the information. Was it a verbal communication? If there is litigation then regardless of the outcome this receptionist person's life is going to be hell. Furthermore the dealership will likely be instructing all staff to never communicate with customer under any circumstances. All regardless of the merit of the case.

[davidcw58]

Simpo Two said:

Well yes, that much is true. And only sue someone who has the money to pay. I think an Audi dealer has, and the prospect of HC bailiffs going to work on a showroom full of new Audis with customers watching is most entertaining

But the OP is determined to hire a solicitor, so good luck to him and I hope he (a) wins (b) ends up richer rather than poorer.

If I am fortunate enough to get a judgement against them then I am sure they will pay.
As you say, might be quite fun if they didn't :-)

If they didn't, I think I can go the route of statutory demand and then winding up petition. No question they would pay then