Claim dismissed – another win for a client

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Remember, it is the Claimant's case to prove on the balance of probabilities.

Author: Roxanne Bradley
Published:
Reading time: 3 minutes

This article is 12 months old.

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A consumer purchased a second-hand Maserati from our client. 

Our client was diligent with their advertisement and correctly advertised the vehicle with “documented service history”. As part of the agreement, the Defendant (our client) agreed to undertake and incur the cost of a service using main dealer parts which was accepted by the Claimant (the consumer). 

The Claimant incurred a separate cost for a paint and upholstery treatment/protection which was undertaken prior to the vehicle leaving the Defendant’s possession. A MOT test had been carried out as well as a pre-delivery inspection. 

Three months later, the Claimant contacted the Defendant in relation to the vehicle’s service history. The Claimant felt he had been mis-sold the vehicle as he believed the car that he purchased had a full service history. 

No, he had not been mis-sold the vehicle! The car was advertised with a “documented service history” and there was no reference to the vehicle being advertised with a full-service history. The Claimant inspected the vehicle’s documentation prior to placing a deposit. 

Although the Claimant believed he had been mis-sold the vehicle, and prior to issuing proceedings, the Claimant authorised a main dealer to undertake a major service of the vehicle and then expected our client, the Defendant, to pick up the cost. The final amount requested included a loan vehicle, brake fluid replacement and replacement brake pads! 

Whilst the service history of the vehicle was the Claimant’s main grievance, for good measure, he also included the cost of a replacement tyre (2,000 additional miles had been covered) and for the paint and upholstery treatment/protection. 

The Claimant alleged that at the time of sale, the tyre was below the legal requirements and the paint and upholstery treatment/protection was not sufficient. No evidence was supplied to support the allegations of the paint and upholstery treatment/protection being inadequate, to the tyre being substandard at the point of sale, or the supposed cost incurred. 

So, the parties had their day in court… And, rightfully so, the case was dismissed!

Our client was able to rely on the MOT test and their pre-delivery inspection to show the vehicle’s tyres were within the legal requirements and they were able to refer to their advertisement regarding the service history. 

The Claimant had failed to show the incurred costs were necessary.  He was unable to provide evidence to show the tyres were illegal at the point of sale, the treatment/protection was insufficient and  the vehicle was mis-sold in relation to the service history. 

Remember, it is the Claimant’s case to prove on the balance of probabilities. However, in this matter the Claimant had not discharged the burden of proof and, therefore, the claim failed.

Roxanne Bradley

Legal Advisor

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