We had an unusual case in court recently that was determined in our member’s favour, with the claim dismissed.
A convertible was sold in September 2023 with issues affecting the retractable roof and suspension. Our member fixed both at no cost to the consumer.
In April 2024, the consumer looked to part-exchange the car for another Bentley on display at our member’s dealership. In his email, he said the car was “running well,” had just passed its MOT, and asked what price would be offered in part-exchange. Our member chose not to proceed and did not reply.
In August 2024, the consumer alleged the retractable roof and suspension had not been properly repaired (if at all) and sought reimbursement of considerable repair costs from our member. Notably, five months separated the “running well” email in April 2024 and the later allegations in August 2024.
We argued that, when trying to sell the car back to our member as a part-exchange, the email did not mention any issues with the roof or suspension, and that it was disingenuous to allege five months later that the initial repairs had not been done properly.
The consumer argued in court that “running well” referred only to the engine, and that neither the roof nor the suspension are MOT items.
The judge accepted the car had defects but was satisfied our member had repaired them correctly. He found no evidence that the original repairs were unsatisfactory. The judge was not persuaded that “running well” related only to the engine and said he would have expected the consumer to mention the roof and suspension in that email had they been a problem.
The court dismissed the £3,300 claim and ordered the claimant to pay our member’s travel and parking expenses.
Another victory for Lawgistics Litigation for the Motor Trade.
If you face similar disputes over repairs or consumer claims, our legal helpline and casework team can help. Get in touch with Lawgistics.
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