Blenheim Car Sales 111 Posted February 19, 2019 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, Share this post Link to post Share on other sites
David Horgan 564 Posted February 19, 2019 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 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 . Share this post Link to post Share on other sites
Mark101 536 Posted February 19, 2019 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. Share this post Link to post Share on other sites
It's me 612 Posted February 19, 2019 17 minutes ago, Blenheim Car Sales said: ..over 12m with no contact i dont understand this bit Share this post Link to post Share on other sites
Blenheim Car Sales 111 Posted February 19, 2019 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 Share this post Link to post Share on other sites
It's me 612 Posted February 19, 2019 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? Share this post Link to post Share on other sites
Stalker 180 Posted February 19, 2019 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). Share this post Link to post Share on other sites
David Horgan 564 Posted February 19, 2019 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 . Share this post Link to post Share on other sites
Beechwood 2 Posted February 19, 2019 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. Share this post Link to post Share on other sites
andymc1973 199 Posted February 19, 2019 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? Share this post Link to post Share on other sites
It's me 612 Posted February 19, 2019 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 Share this post Link to post Share on other sites
Blenheim Car Sales 111 Posted February 19, 2019 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 Share this post Link to post Share on other sites
andymc1973 199 Posted February 19, 2019 your best hope is 50/50, as we all know a magistrate would side with the teenage girl? (is she hot?) Share this post Link to post Share on other sites
trade vet 697 Posted February 19, 2019 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. Share this post Link to post Share on other sites
NOACROSS 414 Posted February 19, 2019 (edited) 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 February 19, 2019 by NOACROSS Share this post Link to post Share on other sites
Blenheim Car Sales 111 Posted February 19, 2019 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 Share this post Link to post Share on other sites
trade vet 697 Posted February 19, 2019 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. Share this post Link to post Share on other sites
Blenheim Car Sales 111 Posted February 19, 2019 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 Share this post Link to post Share on other sites
NOACROSS 414 Posted February 19, 2019 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. Share this post Link to post Share on other sites
Area 51 33 Posted February 19, 2019 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? Share this post Link to post Share on other sites
It's me 612 Posted February 19, 2019 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 Share this post Link to post Share on other sites
Blenheim Car Sales 111 Posted February 19, 2019 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 Share this post Link to post Share on other sites
NOACROSS 414 Posted February 19, 2019 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? Share this post Link to post Share on other sites
It's me 612 Posted February 19, 2019 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 1 Share this post Link to post Share on other sites
Tony911 79 Posted February 19, 2019 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 Share this post Link to post Share on other sites
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