Judge rips into consumer, again!

Last week we had a case before the Court, which had previously been adjourned part heard.

On the first showing the Judge gave the consumer a dressing down for bringing the case to Court, since the vehicle should have been returned to the dealer straight away.

Indeed, the dealer had offered to accept its return and provide a refund from the outset but the consumer wanted to have his cake and eat it and made a series of unreasonable demands for recompense, which the dealer rightly refused.

The Judge was having none of it, but unfortunately the proceedings were halted prematurely due to a power cut in the Court.

The case was then adjourned to be heard afresh by another Judge, but the consumer fared no better on the second time of asking.

Again, the Judge ripped into the consumer on the same grounds as the previous Judge. He was particularly scathing about the consumers failure to return the vehicle at the appropriate time and ensure that it was properly insured and taxed, amongst other things.

Predictably, on the facts, it was ordered that the vehicle be returned to the dealer for a full refund plus service and repair costs, as previously offered, but the consumers claim for the cost of an inspection report, transportation costs and critically the Court fees were declined.

Ordinarily, costs follow the event, so the Courts refusal to award costs in this case was a clear indication that it disapproved of the consumers conduct. The consumers mauling by the judiciary was a welcome bonus!

 

Authors: Howard Tilney

Published: 31 Mar 2016

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