How will this pan out?
Discussion
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
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
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.
If the original seller never had a chance to inspect the car after the fault developed, how does he know there was even a fault at all? For all he knows, the buyer and the other garage have colluded to say the work was needed when it wasn't...
Can't see the original seller being liable for anything on this one.
Can't see the original seller being liable for anything on this one.
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
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 said:
Dealer offered £500, buyer refused, off to court they go
The dealer should make this offer formal, in a WP offer save as to costs.You don't get to buy a second hand Merc, at 10% of the new price and roll up to the franchised dealer and get them to repair it willy nilly and send the seller the bill.
Additionally, if the buyer hasn't put the matter in writing formally, requesting the sum on threat of legal action, he's also unlikely to get his court costs back.
If I were the dealer, I'd be offering £500 - hell, even £700 with the knowledge that the buyer would be too pigheaded to accept it, and roll up to the hearing.
Depending of the facts of the situation, the award is going to be £0 to £400, and as such I would argue that the buyer has been unreasonable in not accepting my offer and ask for my costs to be paid.
I'd arrive at court with a schedule of the hours spent on the matter. The current rate for a litigant in person is £18 per hour. The rate for driving to and from court is 45p a mile.
It could very well be that for example, the judge awards £400, but an adverse costs award where the claimant does not get their court costs covered, and ends up with an award for £100 or whatever against him.
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.
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.
JustinP1 said:
Andyjc86 said:
Dealer offered £500, buyer refused, off to court they go
The dealer should make this offer formal, in a WP offer save as to costs.You don't get to buy a second hand Merc, at 10% of the new price and roll up to the franchised dealer and get them to repair it willy nilly and send the seller the bill.
Additionally, if the buyer hasn't put the matter in writing formally, requesting the sum on threat of legal action, he's also unlikely to get his court costs back.
If I were the dealer, I'd be offering £500 - hell, even £700 with the knowledge that the buyer would be too pigheaded to accept it, and roll up to the hearing.
Depending of the facts of the situation, the award is going to be £0 to £400, and as such I would argue that the buyer has been unreasonable in not accepting my offer and ask for my costs to be paid.
I'd arrive at court with a schedule of the hours spent on the matter. The current rate for a litigant in person is £18 per hour. The rate for driving to and from court is 45p a mile.
It could very well be that for example, the judge awards £400, but an adverse costs award where the claimant does not get their court costs covered, and ends up with an award for £100 or whatever against him.
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