trade vet

The bottom line is that Judges do not like car dealers.The Judge is unlikely to know that an ABS sensor is not a big deal.I have unsuccessfully defended 3 cases brought by punters in the Small Claims Court where I thought there was no way I would lose.On the other hand I have won cases against an architect,a builder,a clothing wholesaler and the best one BCA.I think you will need to be able to prove that you offered a free repair and that they refused.Also it is important to make sure they have correctly followed procedure prior to issuing their claim.Was it sold with a new MOT,did you get a PDI sheet signed on handover,did you note the mileage when you had it back.How did you word your signed sales invoice . It is very unfair but selling cheapies these days is very risky and you might have to take your medicine on this one if you haven’t got a good defence which the Judge understands.

It might help if you read their T&C’s closely with regard to their Assured reports.

At what point did the engine fail,was it after they drove it out of the garage.Did they contact you immediately.Ask for a copy of the invoice from their local garage which should show the mileage in order to check the mileage since.I recall having something similar and the punter had been towing an oversized caravan which I spotted on StreetView. You need to get as much evidence as you can and then contact Lawgistics .

Your contract is with the vendor and BCA acted as agents for the Merc dealer who are the vendor.You shouldn’t have a problem but unless things have changed,BCA policy will be to try and give you the runaround.If that happens,what I used to do was to put BCA on notice that you intend to take legal action against the vendor.They usually caved in after that but don’t forget to charge for your costs. Keep us informed.

Sorry guys but if I understand the deal correctly ,I think Mr Brewer’s sales guy deserves a P45 for negligence.Downing a £10k Golf over the phone by accepting payment by Credit Card ? .I think it is OK to accept an initial deposit by Credit Card but even if the punter was on the pitch and clearly legit,I would not accept full payment by Credit Card.It usually means they have no money and there will be faulty merchandise claims ahead and the card company can swipe back the full payment .I don’t think the Police look for stolen cars any more but maybe because Mr Brewer is a popular celebrity and of course the publicity ,they fortunately very promptly went out of their way considering all the other stuff going on at the moment. ….or am I out of touch ?

Excellent,looks like you have a ‘switched on ‘ solicitor.

Good luck,there is always Lawgistics,it’s a good one for them.

They have admitted trying to contact the previous keeper when it was ‘ in the trade ‘.I think you need to contact a solicitor. You could possibly make a bit of money out of this ,full refund ,lost profits,stress,time and trouble costs etc etc.They will reply to a solicitor.

That doesn’t sound right .If you can prove it was there less than 24 hours before being impounded and the MOT station can conform it was booked in ,surely you must have grounds to take some sort of legal action.

Hi there ,would you mind clarifying whether the car was impounded because it was not taxed and then left parked up by the recovery company driver on a public road unknown to the garage where it was booked in for MOT and repairs. It does appear that DVLA employ subcontractors who now ‘soft target ‘repair garages and pitches by monitoring and reporting the comings and goings of untaxed vehicles even if they only travel a matter of yards on the public road outside premises.

That’s why you need a ‘ returns and cancellation policy ‘ with various additional charges !

I agree,just collect it and re offer it.WAV ‘s are good news ( usually big margins ) but hard to source ,only had 3.There is an established specialist WAV dealer where we are Automotive UK ,they do their own WAV adaptions and make huge profits.

That’s right,qualifying your punters is so important these days because they have so many rights.At my old pitch in particular when selling cars,they insist on the punter coming in.If they don’t like the punter,they don’t sell them a car and if they turn out to only qualify for sub prime chucky they are told to arrange their own .Fortunately they can afford their sales policy !

Hi there,you are right to expect some compensation but I think we need a bit more information. These days it could be a good idea to have a long winded ‘ returns policy ‘ in legalese language. You need to try and create some grounds. I would first confirm to them in writing that you have received their request for a full refund and to Rescind The Contract on the sole grounds that Mrs X does not like the car and that you are taking advice. Did they prepay and why did you offer to deliver it,were there any special reasons.How old are they . Are they still using it and how many miles have they done Was the wife present when you handed it over and does she drive. ( I would be enquiring if she is his wife and lives at the delivery address ) Ask her what car she would prefer. How far are they away from you and was the handover completed ‘ after hours ‘. Is there any prospect of retailing or profiting on the swapper. Might the car need another valet before re offering it and is there any chance you may find one or two new stone chips ( a bit like car hire return guys ). The real reason for the rejection is probably completely different,it’s so annoying.

Trade it, Insignias are shite,it will bounce back .

I am surprised they lasted so long.How long have Cinch got having lost £300m in the last 2 years ? BCA were making a fortune what with charging huge buyers fees and persuading their main vendors to accept 90% of Cap Clean on forward contracts when most stuff has been doing over 100% of Cap Clean ……so they set up Cinch because they thought Cazoo was doing so well ! You couldn’t make it up.

How are you getting on,have you lifted it yet.These days buying late non runner stuff is high risk and especially if you have been mislead ( or stitched up ). Good luck.

Apologies PH for us ‘oldies ‘ hijacking your topic ‘.

That would be right but mechanically it would have been good.You probably paid £100 for it ! About 25 years ago in a restaurant in Spain I got talking to guy who said he had been the financial director for Datsun UK from day one. They sold thousands of 100A Cherry’s and this guy insisted that the total cost of new car warranty claims on the Cherry in one particular year amounted to under £1000 ? A friend of mine only sold Cherry’s ,he had a small paint shop and having bought them for under £200 he then bodged them ( or resurrected them ) during the day and doorstepped them in the evenings for about £500.

He definitely did ! Do you remember the early Datsun Cherry’s and Sunny’s .They were cheap to buy,plentiful and brilliant sellers although the wings and sills rotted like hell and needed bodging !………..past glories.

Don’t understand the ‘agency model ‘and it doesn’t benefit dealers.It reminds me ( probably not you guys ) of the distant past when new car dealerships held an ‘agency’ rather than a ‘franchise ‘and if they didn’t like something being imposed on them ,they would just tell the manufacturer to find someone else to sell their cars ! I saw it happen once,I was buying stock from a family owned main dealer who had added Datsun ( years later called Nissan ) .The worst model was a 180B Coupe which was a camel and didn’t sell and on this day a transporter pulled up unannounced delivering about 8 of these Coupes .The boss went ballistic and got on the phone and told the then Datsun importer to the UK where to go !……..You couldn’t do that today.

Brilliant !, “ They are transitioning to a pure play automotive market place and exiting fulfilment operations.How good is that for ‘gobshite ‘,you couldn’t make it up.Their proposed platform will need to be free of charge to get the trade to support them.They would be better off getting into the Hand Car Wash ‘ industry ‘ ( Sustainable Net Zero Automotive H2O Cleansing )as most of us started out washing cars and then progressed from there.

Telegraph reporting that Administrators have already been lined up.

If it wasn’t for the severity of CRA 15 discouraging bona fide dealers from retailing decent cheapies ( and paying VAT on them ) ,there might not be a black market in them.Out of interest,it appears that the ex Lib Dem MP Jo Swinson aswell as being the author of CRA 15 was also a Post Office minister in the Coalition Government allegedly encouraging the fake prosecution of sub postmasters ……..and we are regarded as being dodgy ?

In retirement,congratulations.You will find it strange not having the daily aggravation to deal with.