How will this pan out?

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Andyjc86

Original Poster:

1,149 posts

150 months

Thursday 18th June 2015
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It makes no difference to me, but I'm interested.

Long story short :

Car dealer (who I contract into), sells car (£3500 iirc), car then develops gearbox fault after a couple of weeks.

Owner gets car fixed at main dealer for £1700, owner sends original dealer bill.

Dealer says tough, should have sent it back to me first. Take me to court.

Owner issues (business?) court papers.

I recon he will be made to pay between 1/3 and 1/2, as he plans to argue it would have cost less for him to fix it.

I will update the thread when progress is made

Andyjc86

Original Poster:

1,149 posts

150 months

Friday 19th June 2015
quotequote all
HTP99 said:
Why would you not contact the original seller when the problem appeared, I don't think it will go the way that you hope.
No idea, he claims to have tried ringing but didn't get an answer, but didn't leave a message.

As I said, it's nothing to do with me, I've just seen all the correspondence and was intrigued. The court papers arrived on Tuesday, so it's still got a bit of a way to go yet.

Andyjc86

Original Poster:

1,149 posts

150 months

Friday 31st July 2015
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Thread update. They have a court mediation on August 5th (I think)

Andyjc86

Original Poster:

1,149 posts

150 months

Saturday 1st August 2015
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Because your obligations fixing cars, and selling them are completely different......

Andyjc86

Original Poster:

1,149 posts

150 months

Friday 7th August 2015
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I spoke with him yesterday. The new owner wants the total bill paying (£1700), where as the dealers have priced up the work for them to do it, and it would have been just over £400.

Basically the part that failed is a common Mercedes fault, and as such, companies like ecu testing fix them for £200. Mercedes miss diagnosed it first of all, so that chucked some extra labour on (they thought it was the auto box belts).

Dealer offered £500, buyer refused, off to court they go

Andyjc86

Original Poster:

1,149 posts

150 months

Tuesday 1st September 2015
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A little update, no court date has been set yet.

However, the buyer has been in touch via email, to say, and I quote 'I didn't buy a pup, but a complete dog'.

The starter motor decided to pack up and cost about £400 to fix. So he has added that onto the claim and the claimed that my mate (the seller) is a criminal selling bad cars.

I think he had the car 4 or 5 months when the starter went. I despair.

People like him are the reason I will never get into sales.

Andyjc86

Original Poster:

1,149 posts

150 months

Sunday 3rd January 2016
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I've just found out that they are going to court tomorrow, so I assume I'll know the result tomorrow night

Andyjc86

Original Poster:

1,149 posts

150 months

Monday 4th January 2016
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I've not got the full details, so from what I gather:

The judge said she wasn't technically minded on the matter, so as a result couldn't decide who was to blame without each party offering a independent expert. This would take time and cost a lot of money. So she suggested they go to a room and sort it out themselves.

They agreed on £700, my mate happier then the other guy.

I'll get the full story Wednesday

Andyjc86

Original Poster:

1,149 posts

150 months

Monday 4th January 2016
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Centurion07 said:
Sounds like your mate got a very undeserved lucky result.
How so? It only would have cost him about £450 to fix if he had the opportunity to do so.