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Blenheim Car Sales

court Mediation service Help

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I wont  bore you with full detail but sold car developed real problem and customer and i are in dispute about how it became in its current position

2011    11 Polo 1.2  44k   5 services and was sold with full MOT, I sold it Sept 16, 1sts of 2 major problems happened in December and then Jan 17....................over 12m with no contact and then she hits me with 9999 claim on a car she paid £5200, Balance is train, bus, Taxi, Insurance, Loan, Tax, Rail passes, Uber, Parking sensors ect ect to inflate her claim

Yes i have PDI and all the normal things  we should always do to keep ourselves legal, My issue is that regardless of who is right or wrong and if i am to blame in some way i realise that the  the seriousness of the  issue and the  short time of ownership really does leave me open to judge ruling against me, I am a realist i belive that will be the case 

 

So i have mediation, I know the format its likely to take the 2 parties talking through intermediary on a phone  but would be interested if anyone has any incite to share, I really could do with settling rather than going to court, I have 1 hour on Wednesday to get the matter resolved, 

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You must have fixed back in 2016 / early 17 surely . So wheres her issues now after 12 month . They are shite engines but its fixable :o

She has had it 3 years for gods sake , cant possibly win a case for collecting £10,000 from you for a £5,200 car 3 years ago . 

Sounds like a gravy train at full bore .

 

 

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I would be saying - had the customer contacted me and made me aware of the issue, I would have provided a free loan car whilst we remedied the vehicle to a satisfactory condition.  As I wasn't contacted by the customer, I don't see how I can be held accountable for consequential costs, especially when I could have offered a solution to keep her mobile.

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17 minutes ago, Blenheim Car Sales said:

..over 12m with no contact

i dont understand this bit

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I know in my heart of hearts that i have done nothing wrong, But on other hand i can not "PROVE" anything that i need to in order to have a  judge side with me, I am certain it will be a loss,

The car failed because she carried on driving it with no oil pressure, Warning lights  worked and we striped it and found  oil pump had failed, She had passed her test September the month she purchased it and at 17 yrs old some how  or way  she got the  timing chain  to jump on the cogs and then soon after destroyed the engine with no oil pressure, As mentioned i can say that is what has happened, its how the engine died but what i cant prove is negligence on her behalf, 

She  disappeared for over 12m i was beginning to think she had accepted my series of events and she had accepted responsibility for her actions in how it became  a broken engine

 

I am going to mediation, and failing a resolution then going to court, Its a worry and a pressure i just want to have it lifted and not have it hanging over me, 

 

what would you  sugest is best way for me to do this, I do want a settlement, i will not be  entertaining any of here costs its just purchase price of car i am settling

9 minutes ago, boring dave said:

i dont understand this bit

she went quiet, stopped calling messaging wrighting and went cold on her complaint......................  she dissapeared for over 12m like it had gone away

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15 minutes ago, Blenheim Car Sales said:

I know in my heart of hearts that i have done nothing wrong, But on other hand i can not "PROVE" anything that i need to in order to have a  judge side with me, I am certain it will be a loss,

 

she went quiet, stopped calling messaging wrighting and went cold on her complaint......................  she dissapeared for over 12m like it had gone away

was she waiting to be 18 for court action to take place?

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I read this as, the car developed a fault after purchase, and its still in dispute?

Where is the car? Has it been fixed? Who has fixed it?

Sold the car Sept 16 Failed in Dec16/Jan 17.

She was entitled to a fix surely?

I know your angle with regards to the driven to destruction thing, but timing chain failure/issues are frequent on this engine and once they have gone, they have gone and cant really be driven any further. (from my experience with them anyhow).

 

 

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If you know how she driven it with no oil pressure then thats the what to say .

Dear mediator I know she was driving the car with the oil light because !!!!!!!!! this then caused further destruction of the engine by being no oil pressure the tensioner would go loose and cause the chain to jump , she should have stopped  driving as soon as it illuminated on the dash , that's part of her driving test show me tell questions as well , so at 17 would have been fresh in her mind . 

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Hi

No contact about the problem in over 12 months, personally I feel this works in your favour and you need to use this, you were at no time given the opportunity to rectify the problem so as far as claiming for transport costs you were never aware that she had a transport problem, i feel it is  try on she has been talking to a Philidelphia Lawyer that is telling her she can make a claim on you for up to three years etc etc, but in all cases it has to be fair and you need to be made awae that there was a problem in the first place and given the correct opportunity to rectify and go through the correct proceedure ,which this is not. Perhaps a bit late for my first remidy wih Screamers allways taught by the old man once you offer them their money back straight away it iis funny how most times the problem is not as serious. hope this helps a bit.

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its not the USA, I'm sure you can't claim for consequential damages, am I thinking she blew the engine up after a few months?

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my take

you sold car

car went faulty

you fixed

car came back again due to catastrophic engine failure,timing chain jumped due to no oil this seized the oil pump (pretty standard on these engines this year)_)

you said customer broke it so refused further help

customer went away

so all this happened within 6 months of sale

(was she waiting till she was 18? to make a claim)

customer had no money and no car so has been using public transport etc and kept all bills

finally they took out a claim against you maybe 6 months ago and you finally get the arbitration letter

i can only suggest you offer to take the car back at what she paid and argue you had no idea she was going to rack up consequential damage charges for more than the cars worth or you would have settled earlier

i think at court you would lose as she is young and you are a knowledgeable sales place

 

 

i feel really bad for you

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she was entitled to a repair and we did this in january 3m after she took delivery at our cost (£750) 

 

The car has been in storage i have seen it, its not  moved in almost 2 years and has not been further repaired or used in any way, Its currently sorn and on private land

Guys i have swaloowed that pill on this one...............   your right whatever the rights and wrongs i dont think i can agrue against to much, I am joing to going to have to pay up and reverse the whole thing, 

 

my question today was about experiences to do with this mediation, anything to look out for anything i should know

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your best hope is 50/50, as we all know a magistrate would side with the teenage girl? (is she hot?)

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Hi,first of all could you just confirm when the 17 year purchased the car,was it invoiced to her and not a third party.

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I’ve had some experience with mediation (one recently on an 150k end of life PX Land Rover.) It’s very painless/pointless mostly  

The mediation lady-although I'm sure is competent-is not really interested in anything else apart from trying to get an offer out of you. 

In your case I certainly would not cave, and would take it all the way.

How many miles did she do in it?

You need to ask the judge (such as he is) in your papers to allow for this deduction for use to be made. 

She will have to prove everything as much as you. You will no doubt have invoices for the repairs etc. 

My best advice is join Lawgistics and let them take some of this strain for you so you can get on with selling etc. They have been invaluable I have found. 

I feel you have little to worry about, but do ask them. 

Good luck and keep us posted. 

Edited by NOACROSS

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22 minutes ago, trade vet said:

Hi,first of all could you just confirm when the 17 year purchased the car,was it invoiced to her and not a third party.

Yes passed test just same week of purchase, it was not a 3rd party was a cash sale with my customer invoiced

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1 minute ago, Blenheim Car Sales said:

Yes passed test just same week of purchase, it was not a 3rd party was a cash sale with my customer invoiced

Thank you,I will get back later,very interesting.

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I am a Lawgistics memeber and they have been looking after me, However its very much a admin exorcise really i have found rather than a lawyer  to fight for you  service, 

 

Part i am struggling with is the Proof, I believe i know whats happened and how its  happened but i can not prove she  ran the car after she had the oil pressure warning light on and that is the  reason the engine  is in its current state

 

I have had an engineer strip it down and found that this is the case, I just  can not prove she drove it in this state though 

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What are Lawgistics advising you?

She doesn’t qualify for the 30 day right to reject and you fixed it and gave it back. 

If she didn’t contact you with further problems, then this is not your fault.

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Surely if you have an engineers report, this will back up your position on why the vehicle had the catastrophic failure? Are lawgistics not giving you an overview of the burden of proof and what should be proved to win / defend successfully?

 

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13 minutes ago, Blenheim Car Sales said:

I am a Lawgistics memeber and they have been looking after me, However its very much a admin exorcise really i have found rather than a lawyer  to fight for you  service, 

 

Part i am struggling with is the Proof, I believe i know whats happened and how its  happened but i can not prove she  ran the car after she had the oil pressure warning light on and that is the  reason the engine  is in its current state

 

I have had an engineer strip it down and found that this is the case, I just  can not prove she drove it in this state though 

the timing chain jumps because of low oil pressure,it would not take long indeed for the pump to seize

what did the car come in for on first major fault

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13 minutes ago, NOACROSS said:

What are Lawgistics advising you?

She doesn’t qualify for the 30 day right to reject and you fixed it and gave it back. 

If she didn’t contact you with further problems, then this is not your fault.

successful and  permanent fix on original issue within first 30 days, the second issue was 3m later

 

 

Lawgistics just say it could go either way, No guarantees, My engineers report is conclusive but that is  just going to prove what state the engine is in now, I need to prove she drovie it to get it to that  state that its in now, Not asked her but i guess she will say she didnt  drive it with a warning light on

2 minutes ago, boring dave said:

the timing chain jumps because of low oil pressure,it would not take long indeed for the pump to seize

what did the car come in for on first major fault

Would  not start.......................simple as that we striped it down and found the  timing chain had  jumped on the cog, We had got a replacement head  skimmed and new head gasket, Was as good as  new, Got them to sign a second PDI form for that repair to saying they were happy the repair was full repair

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Lawgistics always say it could go either way unfortunately. Because always that’s the case. How many miles is the car now and how many when you sold it to her?

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4 minutes ago, tradex said:

 

I'd go to court on this one, you are the reasonable one here, the customer isn't. 

so if it was your daughter

got a £5200 loan

got the insurance on the drip

had to use public transport as the car fit for purpose wasnt

car blows up

you think she doesnt have a case

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I dealt with mediation when dealing with the mercedes ml we sold and to be honest they don't give you any advice they are just there to get an offer from you and see if customer will accept on that day and if so they will write it up send copies to both parties you pay up and its done. In my case the arrogant customer wouldn't except nothing. Good luck 

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