Mistake made by a dealer - Paid much less than the asking price ** Court Papers Received **

[citizenB]

They didnt hang around sending out the AQ, did they

[stroke a badger]

I hope this is a positive sign

[nmonline]

I bet if he'd accidentally taken £1,000 too much from your debit card, you'd want it back. He's doctored the invoice out of desperation, but two wrongs don't make a right. Looking at the timescale between your original post and receiving court papers, I'm not surprised he's gone down that route - it would appear you've avoided contact for over a week. And car dealers are the dodgy ones???

[stroke a badger]

[oddjobbob]

Have read all thru this and I so hope the badger lost his case... he'd be screaming like a baby if he'd accidentally paid £1000 too much and calling all car dealers crooks.

 

So pleased I no longer deal with 'honest' joe public.

 

I hope he lost, if he won, it's a travesty.

[grahamengineering]

As he's never come back to boast of his win, i'd well imagine he lost oddjob!

[stroke a badger]

In fact we both won.

 

The judge ordered i pay £500 which is what i offered to pay in the first instance and the garage provide a 3 month warranty from the date of the judgement.

 

Hope that settled your curiosity, hopefully you will be able to sleep a little better knowing i won

[oddjobbob]

I was sleeping fine anyway

 

At least its sorted.. just glad I no longer deal with 'honest joe public' anymore.

[stroke a badger]

good for you

[sailor sam]

In fact we both won.

 

The judge ordered i pay £500 which is what i offered to pay in the first instance and the garage provide a 3 month warranty from the date of the judgement.

 

Hope that settled your curiosity, hopefully you will be able to sleep a little better knowing i won

 

Who paid the court fees?

[stroke a badger]

Hi Sailor Sam,

 

It was directed that we pay our own costs which i didn't mind.

 

Maybe i should have handled this differently but i tend to dig my heels under pressure and in this case, rightly or wrongly tried to negotiate a settlement instead of paying the amount it was claimed was owed.

[heliosuk]

I don't think you have won anything at all.

 

If anything I think you have lost all credibility by not declaring that there was subsequently an issue with the cars gearbox which you chose to post elsewhere. The reality is that you were awarded or succesfully recovered a partial amount of what you could have done had you been honest in the first place!!

 

And.........without having to go to court.

 

For those interested see below.

http://www.consumeractiongroup.co.uk/forum/showthread.php?286202-Breach-of-Contract-by-Car-Dealer-Refusing-to-submit-Warranty-application-to-3rd-Party

[stroke a badger]

The issue with the DMF and Clutch was a separate issue and treated as such but i have mentioned it numerous times so don't see how i could have lost any credibility

 

The warranty was a condition of sale and should have been honoured not withheld simple as, however this is a mute point as the warranty has be reinstated and after paying for an independent assessment the warranty claim was approved and the DMF and clutch have seen been replaced.

 

As i explained to the other party. What really made me dig my heels in was the frequency of the phone calls made to both my mobile and landline (sometimes both at the same time) and the content of some of the messages left. If a simple email had been sent saying a mistake has been made and would i mind paying the difference over the phone, and the warranty had not been withheld the matter would have been settled there and then.

[heliosuk]

What you are forgetting is that the dealer made a genuine mistake and witheld the warranty and frankly I'd have done the same if I'd have been that dealer. It would appear that, from your record of postings that you have been brought bang to rights. Your initial post, prior to the clutch one elsewhere on the forum related to an undercharge that you knew about. And then to post about a clutch failure in another area but couldn't put it in the proper place because of the nature of what had happened suggests to me you were trying to pull a fast one and have come unstuck. I put it to you that you knew all along you were in the wrong.

 

I don't think you have won anything at all other than lose credibility as a person who had a genuine complaint.

 

Frankly in my opinion I think the judge has been somewhat lenient with you.

[stroke a badger]

Heliosuk,

 

I do not agree with your opinion but it purely that. Your opinion.

 

At no point have a tried to pull a fast one and i certainly do not believe i have come "unstuck" as you put it.

[heliosuk]

I think the fact that the general consensus of this part of the forum is that you were bang out of order in witholding the £1K and then knowing this to post that the car had clutch/DMF issues and started moaning about the waranty on another part of the forum speaks for itself. And yes.you did try to pull a fast one by driving away knowingly you had underpaid.

 

As regards unstuck............I think the judgement speaks for itself.

[stroke a badger]

Thank you for YOUR opinion anyway.

[gezwee]

Probably best if the thread is closed before it degenerates please dx

 

Gez

[oddjobbob]

'' If a simple email had been sent saying a mistake has been made and would i mind paying the difference over the phone, and the warranty had not been withheld the matter would have been settled there and then.''

 

NEVER IN A LIFETIME would the above have occured. He thought he'd got away with £1000 and then didn't. Let's hope the car breaks down 3mnoths and a day after he bought it.

 

And that the repair bil is £1001.

[andydd]

Slightly surprisng outcome, i would expect the judge to rule either the £1000 is payable or not at all...£500 just sounmds like the result you would of got from mediation/arbitartion.

 

It does have relevance to various other threads on CAG though, in that for many companies chasing small amounts where they are on the small claims track..it may not be finanicially viable becuase they are very limited to costs..perhaps £250 max but more likely a lot less, this can be totally swallowed up if theyve employed a solicitor and/or have to travel a long way (perhaps in this case the garage did already spend £500 on solicitors/travel).

 

Still, inyteresting case, not going to make any moral judgements.

 

Andy

[maroondevo52]

Thread closed.