With an estimated seven million used cars sold to customers all over the country, there are bound to be misunderstandings and disagreements between dealers and their customers. Unfortunately, some of these evolve into serious disputes that end up in court action, and although this is only a small fraction of the total number, it remains significant enough to the trade.
However, the customer is not always right and does not always know best in all circumstances, and for various reasons, they can decide it is worthwhile to challenge a dealer’s resolve in court by making trivial claims.
On one such occasion, a customer brought three separate claims against the dealer, totalling several thousand pounds, due to a perception that they were entitled to significant compensation for the inconvenience of being denied service at one location and having to drive another 30 miles to receive said services.
Lawgistics’ Litigation took on the claims and robustly defended the member’s position which included drawing the court’s attention to the existence of the three separate claims concerning the same incident. We successfully argued that not only was there no proximate relationship between the parties, but that it would be unfair, unjust, and unreasonable in the circumstances to establish a duty of care considering no actual foreseeable damage or loss had been suffered by the claimant which had been admitted in one of the claims that were brought “as a matter of principle” in any event.
Indeed, the damages claimed included emotional distress to a relative of the customer who was sat in the car and overheard the verbal argument that ensued on the premises at the time, inconvenience, and fuel costs among other purported expenses and charges claimed.
Suffice it to say, following a dispute resolution hearing that was held on the directive of the presiding judge to address matters and upon realising the judge was far from impressed with having to deal with claims without valid cause of action, after receiving a stern warning of the risks and implications of continuing to trial with such claims, the claimant promptly offered to discontinue the claims in exchange for the fuel cost of attending court and the matter discharged.
Dealers can rest assured that the courts still take a very dim view of petty grievances blown out of proportion, even when these may not be malicious or false, but nevertheless have no basis in law.
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