Faulty part exchanges

[Dirty barry 2]

I have just successfully taken a customer to small claims court over a faulty gearbox on his part ex!!!  REJOICE !!! I had NOT test driven the camper but because I had specifically asked him about the condition of the gearbox he had breached the sale of goods act 1979    The legal jargon is IMPLIED TERM which results in a misdescription.   This will also work for the old favourites like I’ll drop the full history in or spare key !!I had a witness who heard the conversation and had a report from gearbox expert. Even better if you can get the customer to fill out form saying gearbox good electrics good brakes etc. The facts are if you take the right action quickly they cannot stitch you up with a faulty motor and walk away !!! Start fighting back guys !!! Ring your local trading standards get ccj  on line and go from there. Send everything recorded delivery and take expert witness if you can. I didn’t but still won !!! It will cost you about £300 !!! If I can do it anyone can !!! What have you got to lose ???Stop the biggest liars and cheats out there The Consumer !!!!  Good luck!!!

Edited September 27, 2018 by Dirty barry

[David Horgan 564]

3 minutes ago, Dirty barry said:

I have just successfully taken a customer to small claims court over a faulty gearbox on his part ex!!!  REJOICE !!! I had NOT test driven the camper but because I had specifically asked him about the condition of the gearbox he had breached the sale of goods act 1979    The legal jargon is IMPLIED TERM which results in a misdescription. I had a witness who heard the conversation and had a report from gearbox expert. Even better if you can get the customer to fill out form saying gearbox good electrics good brakes etc. The facts are if you take the right action quickly they cannot stitch you up with a faulty motor and walk away !!! Start fighting back guys !!! Ring your local trading standards get ccj  on line and go from there. Send everything recorded delivery and take expert witness if you can. I didn’t but still won !!! It will cost you about £300 !!! If I can do it anyone can !!! What have you got to lose ???Stop the biggest liars and cheats out there The Consumer !!!!  Good luck!!!

Nice result Pal , Bet he had a bad day when you WON  made my night that has . 

Buyers are liars , always have been ," Sumin wrong wi mi car I'll Px it an git rid on it  "

[Dirty barry 2]

It’s the main reason there are so many faulty vehicles out there. Rogue consumers part exchanging a known faulty vehicle 

Edited September 27, 2018 by Dirty barry

[justina3 518]

You could have just test driven it and saved yourself all the grief, not sure where your from but down my way the consumer are not the biggest liars and cheats that award still belongs to some dealer auction sellers. 

I world say it’s called knowing your market if some pulls up in an auto first thing I check is the box, if someone wants to chop in a fiat panda first thing I check is the rear axle, I could go on but I am sure you get my drift.

[andymc1973 199]

could dealer auction or the vendor be prosecuted I wonder?

[D&M 66]

Good for you!

Customers think they are getting one over on the dealer by hiding / lying about / disguising faults.

This industry is built on trust between buyer and seller - if the pre-owned car they purchased had a fault, you'd be the first they'd be screming at.

[have a word with the wife 299]

1 hour ago, Dirty barry said:

I have just successfully taken a customer to small claims court over a faulty gearbox on his part ex!!!  REJOICE !!! I had NOT test driven the camper but because I had specifically asked him about the condition of the gearbox he had breached the sale of goods act 1979    The legal jargon is IMPLIED TERM which results in a misdescription.   This will also work for the old favourites like I’ll drop the full history in or spare key !!I had a witness who heard the conversation and had a report from gearbox expert. Even better if you can get the customer to fill out form saying gearbox good electrics good brakes etc. The facts are if you take the right action quickly they cannot stitch you up with a faulty motor and walk away !!! Start fighting back guys !!! Ring your local trading standards get ccj  on line and go from there. Send everything recorded delivery and take expert witness if you can. I didn’t but still won !!! It will cost you about £300 !!! If I can do it anyone can !!! What have you got to lose ???Stop the biggest liars and cheats out there The Consumer !!!!  Good luck!!!

well done, i would like to ask a few questions if i could, did the other party attend court, did they enter a defence, and most importantly  have they paid , thanks, any further info you could give would be great 

[Del Boy 76]

1 hour ago, have a word with the wife said:

well done, i would like to ask a few questions if i could, did the other party attend court, did they enter a defence, and most importantly  have they paid , thanks, any further info you could give would be great 

Did the question ‘you are meant to be the expert and not the customer’ didn’t come up? 

[trade vet 702]

Hi Dirty Barry

Very interesting,but I think we need a bit more info please because it does not appear to stack up.Some people might say you were negligent by not checking out the swapper.How is a punter not connected to the trade qualified to describe the condition of his p/x.What did the judge say when summing up the case.

[Dirty barry 2]

Judge made a reference to me not test driving but I said I took the consumer for his word . Doesn’t give the excuse to breach legislation. Also it’s the sale of goods act because it’s trade against consumer. Consumers excuse was he couldn’t remember any reference to gear box judge didn’t believe him. Also it’s proof buy probability in civil case not reasonable doubt so easier to get the fair verdict .. worst case scenario I lost £300 and two hours in court. Made him sweat for 3 months no doubt !!!  Not been paid yet. Was awarded £1600  but will pay that again to enforce. Wasn’t about the money   This guy befriended me then shafted me. I’m only a small garage and quite frankly I’m sick to death of dishonest consumers!!!  Start fighting back guys

[It's me 615]

36 minutes ago, Dirty barry said:

 Wasn’t about the money  

nice one

[Dave2302 387]

2 hours ago, boring dave said:

nice one

Ditto, I cringe when I price an expensive repair and hear "Oh, I'll just trade it in then"

[Arfur Dealy 823]

3 hours ago, Dirty barry said:

Judge made a reference to me not test driving but I said I took the consumer for his word . Doesn’t give the excuse to breach legislation. Also it’s the sale of goods act because it’s trade against consumer. Consumers excuse was he couldn’t remember any reference to gear box judge didn’t believe him. Also it’s proof buy probability in civil case not reasonable doubt so easier to get the fair verdict .. worst case scenario I lost £300 and two hours in court. Made him sweat for 3 months no doubt !!!  Not been paid yet. Was awarded £1600  but will pay that again to enforce. Wasn’t about the money   This guy befriended me then shafted me. I’m only a small garage and quite frankly I’m sick to death of dishonest consumers!!!  Start fighting back guys

Well done !! 

[metcars 397]

As happy as i am for the OP i still think this is all down to the rarest of things, a sympathetic court for a motor trader?

[trade vet 702]

Hi Barry. This is a game changer,well played.Would it be possible for you to quote the court location and case number.

[Mark101 536]

Buy that man a pint - top work.

[Nick M.K. 574]

I am glad for the OP for this outcome but I personally think I'll never want to take a customer to court over his p/x...

To me the very idea that they sell to us at rock bottom trade price (don't tell me you pay more)  is enough of a penalty for them, even if gets them out of a vehicle with a few issues... The fact that "there is no comeback for me as a trade buyer" is something I use very heavily in my p/x negotiations and I wouldn't really want to lose that card for the sake of a court payout or two. 

Also, just imagine a review: "Dear Nick, thank you for selling me a nice car, I wish you didn't take me to court over the quality of my trade-in after we agreed a low price and shook hands, in hindsight I should've given it to WBAC, although they pay slightly less at least they don't take sellers to court".

And just a reminder as if we can ever forget: (retail) buyers are liars anyway. 

 

[trade vet 702]

39 minutes ago, Nick M.K. said:

I am glad for the OP for this outcome but I personally think I'll never want to take a customer to court over his p/x...

To me the very idea that they sell to us at rock bottom trade price (don't tell me you pay more)  is enough of a penalty for them, even if gets them out of a vehicle with a few issues... The fact that "there is no comeback for me as a trade buyer" is something I use very heavily in my p/x negotiations and I wouldn't really want to lose that card for the sake of a court payout or two. 

Also, just imagine a review: "Dear Nick, thank you for selling me a nice car, I wish you didn't take me to court over the quality of my trade-in after we agreed a low price and shook hands, in hindsight I should've given it to WBAC, although they pay slightly less at least they don't take sellers to court".

And just a reminder as if we can ever forget: (retail) buyers are liars anyway. 

 

Hi Nick

I agree,except in this case the guy befriended Barry and then contrived to stitch him up.Every now and then in this job you find your have  been  ‘bowler hatted’.That is often where a periferal dealer mascarading as a private punter on behalf of another dealer,trades in a swapper which turns out to have serious problems.You then see your car being advertised by the dealer nearbye.That is why I wanted Barry’s case details in case I get ‘bowler hatted’ again.

[NOACROSS 414]

Nick- I was about to post the same.

I’m also very pleased for the OP, but F.M- drive the junk before doing the deal!

On the few occasions I’ve been stitched up like a kipper, I’ve taken it on the chin. Touché- as the saying goes.  

I once had a punter deliver their PX many years ago- they very kindly reversed it against the wall next to the site and concluded the deal. 

Very nice, older people (these are the ones to look out for), concluded the handover... they left. I jumped in their PX to move it....long story short, they’d taken the nearside out since I saw it last!

Did I moan? No. Life in the city. My fault. 

However, these sort rarely complain about a warranty issue. 

I got my revenge with a main dealer I used to deal with who stiched me up royally on a few occasions, (they had a used car centre and always retailed the cream) with a Saab Sensonic that was f****d.

I knew they never test drove stuff so I got my old man (cost me a one-er the bastard) to PX it as a punter, for a lovely 850 that I did well out of.

When they phoned me offering the Saab I just laughed and said ‘that gearbox is crap’ and good luck - I was v smug.

I also remember WD40’ing a silver Audi that the paintwork had crazed and px’ing it to a right ‘horrible f*** who’d lied to me about a Golf.

Sorry- one for the ‘confessions’ section of the magazine I suppose  

What goes around and all that!

 

[have a word with the wife 299]

10 hours ago, Dirty barry said:

Judge made a reference to me not test driving but I said I took the consumer for his word . Doesn’t give the excuse to breach legislation. Also it’s the sale of goods act because it’s trade against consumer. Consumers excuse was he couldn’t remember any reference to gear box judge didn’t believe him. Also it’s proof buy probability in civil case not reasonable doubt so easier to get the fair verdict .. worst case scenario I lost £300 and two hours in court. Made him sweat for 3 months no doubt !!!  Not been paid yet. Was awarded £1600  but will pay that again to enforce. Wasn’t about the money   This guy befriended me then shafted me. I’m only a small garage and quite frankly I’m sick to death of dishonest consumers!!!  Start fighting back guys

thanks for the reply 

question to other members, your asking for "  court location and case number " you cant view the details can you [ small claim's] ?

[trade vet 702]

1 hour ago, have a word with the wife said:

thanks for the reply 

question to other members, your asking for "  court location and case number " you cant view the details can you [ small claim's] ?

I don’t think so,but in future if you could refer to the case number and location it may help.

[XFS 70]

I,m not sure that the common ideal that the courts are against the motor trader holds up.

The fact is the motor trade, particularly at the lower end is inherently corrupt.

Most courts and most judges are relatively fair and judges are seldom stupid.

Legitimate motor traders with a valid case, in most circumstances, will get a fair hearing.