Hi Trade Vet, as you can imagine it's not been a great day so sorry for having a bit of a rant in my first post. I recognise a few of the names on here that used to frequent the old Autotrader forums, if they are still going?
Noacross is correct, but of course I was joking as 99% of my customers are reasonable people.
I wouldn't want to go into full details of what happened in the public forum, but we had two phone calls. The first was just to tell me there was a problem, the second was him making a claim we had left his car in a dangerous condition and that he was reporting me to Trading Standards. I had asked him to bring the car back on both occasions, but two days later he sent me an email just confirming what he had said in the phone call but he lied in it as he said I refused to do anything. Which was untrue as I'd asked him to return the car both times, he didn't want to bring the car back basically and wanted it repaired at his workshop. That's what I refused to do. I think we all know 'you refused to do anything' is customer speak for you refused to do it my way.
I didn't reply to that email because it was just him repeating what he had said in the phone call, and was waiting to hear from TS (which never happened).
He then based his whole case around the 'if they refuse to do anything then I'm entitled to have the repair done at any cost and then sue the dealer for it afterwards' section of the Consumer Rights Act, so it was his word against mine that I'd refused to do anything. Or so I thought.
The judge picked up on that comment he had made in his email and said that because I hadn't replied to it and said that was untrue, and I had asked him to return the car instead, that on the balance of probabilities it was the customer that was telling the truth that I had refused to do anything as he had stated it in that email. Case closed.
As I said I didn't reply to that email as it was just him confirming what we had said in the phone call, and I didn't realise that comment he made in that email would have been so important 14 months later!
Everything else about the case was irrelevant. Enjoy your free car mate.
Not that I'm bitter or anything.