Double or nothing – Consumer’s claim dismissed!

legal updates

The Claimant countered with a request for more than double the amount that our member had offered.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Just before a court hearing last month, the Claimant turned down the generous settlement offered by our member. The Claimant countered with a request for more than double the amount that our member had offered. Our member took their chances, and it was the right decision. The claim against them was dismissed.

Although a fault with the vehicle had rendered it unsatisfactory, the circumstances meant our member was entitled to the opportunity to repair it. The judge considered the repair to have been performed within a reasonable time, which was 19 days. The Claimant had unilaterally imposed a tight time limit in which the repair was to be completed that our member did not agree and to which our member was not bound.

The Claimant issued proceedings in the full knowledge the car was repaired and ready to collect. It remained at our member’s premises until the day of the hearing, albeit with a flat battery. The Claimant agreed to make the necessary collection arrangements and, no doubt regretted not accepting the original settlement figure they were offered before walking into court that day. 

Wearewood Services LtdMotor Trade Web Specialists

We offer an all-encompassing web, digital & design service specially tailored to the Motor Industry.

Polly DaviesLegal AdvisorRead More by this author

Related Legal Updates

The omni-channel approach and distance sales

The conclusion of a contract when purchasing a vehicle occurs when a deposit or the full purchase price is paid.

Always prep, check, then check again

If you state that every vehicle comes with a new MOT, then ensure that they do!

Time is Money – Pay Attention!

Whether the court has made a mistake that impacts your case, or if the postman has lost your court paperwork, as soon as an issue arises, action is needed.

How to legally get rid of an uncollected vehicle

Unlike a notice to collect goods, a notice of intention to sell uncollected goods can be used for all types of conventional bailment, and not just where the goods were left for repair, valuation, or storage.

What are your legal obligations once you have a customer’s vehicle?

Bailment is one of the most common legal relationships that many businesses find themselves in with consumers.

SHOCK & HORROR! A finance company seeks to influence an expert opinion!

Any finance house thinking of or seeking to emulate such unconscionable conduct, risks not only judicial ire and sanction but also being named and shamed.

Petty Grievances

Dealers can rest assured that the courts still take a very dim view of petty grievances blown out of proportion.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.