Like Abba in Waterloo, sometimes we feel like we win when we lose

legal updates

The judge decided from the off that this was a simple matter which had been horrendously over complicated ...by the consumer.

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.

So, a court case which had been with us for 2 years finally came to its hearing.  

The customer had, quite frankly, been an arrogant character and was clearly someone who was used to getting their own way. They oscillated between acting as a ‘know it all’ but when it suited, playing the innocent poor consumer who didn’t really understand what was going on – usually when trying to get their own way when a Court Order or expert report was not to their liking.

The facts of the matter are almost irrelevant particularly as, like us, the judge decided from the off that this was a simple matter which had been horrendously over complicated (by the consumer).  In the end it came down to an issue of negotiation. Our client had a figure in mind. The consumer had a very different figure having claimed he was out of pocket to the tune of £20k. To be fair, this was probably true as they had from the very start taken a ‘win at any cost’ approach. Fortunately our client was rather more pragmatic and reasonable and once the judge gave an indication of how they may rule, consumer and their barrister had to very quickly regroup and had little choice but to come down and meet our client around the £5k mark.

So, although this was not an outright win, the consumer was certainly the biggest loser by quite a margin and, given his difficult and demanding attitude throughout, that gives both us and our client a considerable degree of satisfaction.

InvolutionSTAFF UNIFORM | PROMOTIONAL WEAR | MERCHANDISE | BUSINESS GIFTS

Leading experts in print, promotional clothing, staff uniforms, branded merchandise and PPE. Involution is your brand partner for promotional marketing and workwear, a one-stop-shop for your branded marketing needs for any business size and industry.

Nona BowkisHead of Legal Services / SolicitorRead More by this author

Related Legal Updates

A settlement agreement may not protect you

An agreement does not need to be in writing to be binding, but it is much easier to prove the terms of an agreement if there is a documented paper trail.

The customer isn’t always right…

As it was a defect he knew about, he cannot now claim it renders the vehicle not fit for purpose or not of satisfactory quality.

Burden of proof? Get your evidence while you can!

The burden of proof reverses for issues raised between 30 days and six months of ownership.

On your Marks… Get Set… Doh!

The TSO told our member that the consumer ought not to have experienced a failure given the age and mileage of the car.

Claim Dismissed: No Proof of Fault at Purchase

Our member argued that numerous issues could have caused the overheating and ultimate failure.

Court Rules Against ‘Serial Returner’ in Distance Selling Dispute

It is clear from his evidence that his true intention was that he wanted the ability to reject the car at a time of his choosing.

Indemnities – Handle with Care!

Indemnity clauses are usually onerous by design and drafted in broad terms so dealers should not make the mistake of overlooking them.

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.