Ten Year Old Vehicle Main Dealer Health Check

[have a word with the wife 299]

Well that is excellent, judge obviously seen through the "free check", he wants to see a non biased report from someone who is not on bonus, claimant has to pay for "expert" witness, claimant has to make car available, claimant has to forward documents to court, upon seeing the report if its in your favour judge may even decide the case without a further hearing as he she will read it before giving a date for a hearing, claimant may not even bother if they think they are on a looser, so if you do not get a response in reasonable time from claimant re expert witness, apply to court for strike out of case due to claimant not doing as told by judge, judge has brought up the age / mileage too, good, so the bottom line is claimant has relied on poor evidence for there claim, you may not hear anymore, heres hoping 

thanks for the update.

[It's me 615]

very unusual judge says get a choice of 3 independent assessors willing to give their verdict on the car

does this mean like an independent dekra assessor or just a garage technician/mot tester willing to give a report

chose very carefully who you chose as you do not know what strings this customer might be able to pull

use much diligence in why they picked the ones they do 

its good so far dont lose the ace now concentrate on getting the right result

[XFS 70]

56 minutes ago, Dealer said:

Cut a long story short the judge has given extra time and claimant now has to get 3 independent assessors and pass their details to me, I choose 1 and only after that "expert witness" report has been submitted will they continue the process. 

Still up in the air for now, however on picking up on some of the judges points today he mentioned on more than 1 occasion about age and value of the vehicle etc this gave me some optimism. I was really worried before as I had read a thread on here about the chap who sold the galaxy automatic where the claimant kept driving it to destruction yet he still lost. 

Thanks to all those who gave their advice and kind words today. Will be updating again when I have more information. 

People in the trade assume Judges are against them. Mostly Judges are fair and will find based on the law and fairness. No Judge wants to get appealed against.

Just hang in there, make sure you are prepared and present everything you can to substantiate your case and the chances are you won't lose.

[trade vet 702]

Sounds promising but what constitutes an independent assessor.You will need to check out their credentials before you accept.I think it needs to be a hands on long established working mechanic.

[Dealer 54]

The car had a new mot last month along with a report from the garage in response to the one made by Volvo. He insinuated that even The Volvo report may not be considered as expert evidence as they may be biased towards the claimant (for financial reasons obviously as we all well know), I will look at all 3 assessors credentials before choosing one and even asked if he can ensure they are not from the area in which he resides. It's doubtful he knows 3 mechanics in a given area who would all be willing to lie on his behalf and I've insisted it gets carried out at my premises (I still have the vehicle also) with my mechanic present to ensure there is no foul play or sabotage even (OK I know this may be a step too far but I'd rather be safe than sorry as this may be last chance saloon). 

Thanks once again everyone, I remember Mark101 saying once that it can be a lonely job at times and that statement has kind of sticky with me throughout this episode. 

[Boycie 30]

Don't be too trusting of a fresh mot if it is the mot station that you use regularly. We had a van pass an mot last week that had a 16 inch wheel on the nsr and a 17 inch wheel on the osr.

[Casper 272]

1 hour ago, Boycie said:

Don't be too trusting of a fresh mot if it is the mot station that you use regularly. We had a van pass an mot last week that had a 16 inch wheel on the nsr and a 17 inch wheel on the osr.

I was going to suggest using a new mot test station to test the car again or at least inspect it .   Then you have 2 different opinions and its past 2 mots in space of a few months 

I agree about using garages inspectors out-with his area  and again return to your premises seem to many horror stories before 

good luck again 

[Rory RSC 596]

Use ace engineers. 

[Mark101 536]

8 hours ago, Dealer said:

Thanks once again everyone, I remember Mark101 saying once that it can be a lonely job at times and that statement has kind of sticky with me throughout this episode. 

It can be Dealer but the forum provides some great support.

Be careful who you choose. Remember, if you do use a new MOT station, if it fails on anything, that information will be available for everyone to see forever. Also, if an engineer is aware of the reasons for a second opinion, they may either decide not to get involved or be whiter than white, in orther words - grey areas become failures just to cover their backs.

I wish you luck and my guess is you will win.

I am with @BHM though, I would have remedied those suspension components, or may be even offer this as part of your dosier.

"Judge, the independent report states that the vehicle is in roadworthy condition and any shortcomings are borne out of fair wear and tear for a vehicle of this age and mileage. As a gesture of goodwill, even though those components are subject to fair wear and tear, I am prepared to replace XYZ in order to offer some form of resolution."

[Dealer 54]

When this saga started back in March the bottom arm, door check strap and tyre (which was legal anyway) were changed. When I refused the radiator as it wasn't leaking, cleaned the pas pump off and told him the condenser and pas cooler was only cosmetically damaged due to its location behind the skid pan he didn't like this and started with his court threats. After seeing how this was going I told him to stop corresponding via telephone and instead to use written letters via recorded delivery only, between then and yesterday there were a series of letters back and forth and his court threats continued, he then started the process and I no longer had to write back and forth to him but instead to the court etc. 

@casper a different mot station has been used for its last mot, I informed him of that yesterday, I also informed the mot station of the situation and why I was unable to not take it to the one I usually use (he was fine about this), furthermore I paid him for the written report in response to that of Volvo. 

I really have tried to do my best and to my limited ability but I'm no legal eagle let's face it. 

[Casper 272]

27 minutes ago, Dealer said:

When this saga started back in March the bottom arm, door check strap and tyre (which was legal anyway) were changed. When I refused the radiator as it wasn't leaking, cleaned the pas pump off and told him the condenser and pas cooler was only cosmetically damaged due to its location behind the skid pan he didn't like this and started with his court threats. After seeing how this was going I told him to stop corresponding via telephone and instead to use written letters via recorded delivery only, between then and yesterday there were a series of letters back and forth and his court threats continued, he then started the process and I no longer had to write back and forth to him but instead to the court etc. 

@casper a different mot station has been used for its last mot, I informed him of that yesterday, I also informed the mot station of the situation and why I was unable to not take it to the one I usually use (he was fine about this), furthermore I paid him for the written report in response to that of Volvo. 

I really have tried to do my best and to my limited ability but I'm no legal eagle let's face it. 

To be honest you seem to have been more than fair and done everything correct I think another thing on your side is the main stealer not wanting anything to do with the court case . 

Try to sleep easy at night knowing you have done your best 

Good luck ..

[BHM 994]

1 hour ago, Dealer said:

When this saga started back in March the bottom arm, door check strap and tyre (which was legal anyway) were changed. When I refused the radiator as it wasn't leaking, cleaned the pas pump off and told him the condenser and pas cooler was only cosmetically damaged due to its location behind the skid pan he didn't like this and started with his court threats. After seeing how this was going I told him to stop corresponding via telephone and instead to use written letters via recorded delivery only, between then and yesterday there were a series of letters back and forth and his court threats continued, he then started the process and I no longer had to write back and forth to him but instead to the court etc. 

@casper a different mot station has been used for its last mot, I informed him of that yesterday, I also informed the mot station of the situation and why I was unable to not take it to the one I usually use (he was fine about this), furthermore I paid him for the written report in response to that of Volvo. 

I really have tried to do my best and to my limited ability but I'm no legal eagle let's face it. 

When I posted earlier I didn’t realise you’d attended to some of those things. Tbh you did more or less what I would of done.

I’m amazed at the judge’s postponement & instruction to the claimant. I’ve never heard anything like it & feel it’s in your favour. Hopefully your customer now can’t be arsed.

[David Ayers 171]

I read it as the customer will choose 3 inspectors, and Dealer can choose which 1 of those to use.

Don't use the AA!

Edited September 5, 2019 by David Ayers

[Mojo121 229]

A good outcome I think. Very fair so far.

[MattR 177]

Going well so far. Do you have any Motor Trade Friends local to you? They could recommend a Garage to give you a fair inspection. It would also be sensible for you to consider the time and mileage covered since the sale when (or If) this detail needs to be presented to the court. I'd like to say I'm stunned the customer has continued this, but very little surprises me these days.

[metcars 397]

On 4 September 2019 at 9:35 PM, Dealer said:

Cut a long story short the judge has given extra time and claimant now has to get 3 independent assessors and pass their details to me, I choose 1 and only after that "expert witness" report has been submitted will they continue the process. 

Still up in the air for now, however on picking up on some of the judges points today he mentioned on more than 1 occasion about age and value of the vehicle etc this gave me some optimism. I was really worried before as I had read a thread on here about the chap who sold the galaxy automatic where the claimant kept driving it to destruction yet he still lost. 

Thanks to all those who gave their advice and kind words today. Will be updating again when I have more information. 

But the buyer will show the 'independent' assessors the health report from the main dealer surely. They might find some bits the main dealer missed? Lol