trade vet

Small claims court- true account of our own experience - beware! Case 1 A guy comes in ( wearing overalls) saying he is a mechanic and has a small garage business.We sell him an unprepped car at a reduced price and mark the invoice Trade Sale-Not Returnable - which he signs.He later sends us a bill for £300 for repairs he has carried out.We go to the small claims court and he says he is not in the trade but does his own repairs. Result- Came 2nd - cost about £370 The judge said we were negligent because we failed to check out his trade ID Case 2 Without prior notice,we get a bill for over £2k.The punter says he had broken down and was unable to contact us.( we are open 7 days a week).He was towed in by the AA to his friends garage who did the repair.We make enquiries with parts suppliers by quoting reg no and establish that his diesel Passat had 2 new injectors supplied at £500 each.These were not included on the repair bill.Also,we establish he was not towed in by the AA. The punter was a liar ! It appeared to us that he had been adding chip fat oil or something and blocked his injectors so we declined the claim under the terms of our own warranty agreement which he had signed.We went to court full of confidence. Result - Came 2nd - Cost about £2700 The judge said - as it was an agreed fact that the car had broken down,we were liable.He had either ignored our evidence or did not understand it. Thats why I stated in my earlier post- Judges don't like used car dealers

Its extortion,we calculated that 50 cars a month costs £3500! I think dealers make up 80% of AT income.Rory circulate this stuff to as many traders you know. What we have to do- Complain or send Rory's post to the following people. Andrew.ross2@barclays.com Chris.Collett@db.com Joseph.Barnett-Lamb@credit-suisse.com These are AT anylists which investors follow on the stock market.If they can be persuaded that new AT rates are causing a revolt and exodus of trade advertisers and will effect AT income.The stock could be marked as a SELL which will result in a drop in the share price.If that happens,AT will take notice.

OK,very funny. I was thinking more like the damaged stuff that has been dropped by helicopter like Land Rovers where the parts are valuable or smaller stuff which is sold off with known mechanical problems but are fixable .

Hi Phil, I have had several small claim court experiences and this is what could happen.Firstly the judge will probably just look at the established facts of the case.Forget your 30 day warranty or whatever you give,new MOT,forget the LTD company defence,that is a clerical error,it's not the high court.The car was returned for repair within 30 days.Subsequently,the customer called to reject the car on the grounds it was unfit for purpose.The judge may want to know why you did not collect the car and inspect it.The customer will probably say he could not return it because it was too dangerous.The customer will say because you rejected his claim,he was forced to get an independent inspection.He may bring his mechanic as a witness. While the reality is that your customer has probably been put off the car and has been unreasonable,the judge may differ in his opinion.While I have won small claims prosecuting banks,architects and others,I have tried to defend some rediculous car sales small claim cases ,even offered proven evidence showing the claimant has lied.I have never won one yet.The bottom line is judges do not like car dealers and you are taking a chance by defending the case.

Hi,with your knowledge and expertise in Army stuff, I would suggest that is what you should deal in.The MOD flogs off loads off stuff that you will know all about.Niche market-good profit margins!,better than being a car dealer. Good luck

Definitely insist and give this punter a full refund,the quicker the better.Old Freelanders are good sellers anyway,you won't lose out.Sounds like this punter was probably always going to Halfords to have it checked out rather than use Mr Cannyblokes small garage nearby ,like all his friends.

That's what we do.WBAC are generally easy to beat.If it's a 5 grand car e.g.,we explain and emphasise the downside to the sales process and how we need an £800 mark up to net £250 etc.

Good luck with your sub prime pitch,you will need to be a good player to make money.My experience ,awfull punters,even worse swappers ,usually with negative equity,no repeat business.Then down the line,the VAT man comes and picks holes in invoicing and finance agreements and gives you a big bill.Dont let me put you off,this was long ago and you are probably more switched on than we were.

get a small unit,rent / rates £20k,stock no more than 20 ,specialise in one type of vehicle ( cuts Auto Trader rip off costs),only need to advertise 1 car.Insurance is what it is. The bottom line is if you work hard ,( very hard)employ 2 staff,comply with VAT and PAYE regs etc. you will make a reasonable living,but you wont make any money.Those days are gone !