Jimbo

Dealing correctly with issues

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Clutch faulty 18 months ago but car still being driven today on same clutch.

Come on, this should be over and done in 3 minutes flat should in reach court.

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I’m a little puzzled - do some of you really feel the need to pressure check cooling systems, check alternator outputs & pollen filters on every single car? 

It’s simple mathematics, if you feel the costs of a PDI outweigh the costs of comebacks then all well & good. 

However, if you’re doing hundreds of PDIs per year and are only preventing the occasional comeback then from a financial point of view they’re a waste of time. Also, if something does go wrong, whether or not you’ve PDIed then surely you’ll be putting it right anyway?

Just my two penneth worth, I’m not the biggest business but I rarely get comebacks & only have to put my hand in my pocket about once a year. 

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Thanks guys for your comments. Reassuring to say the least. The law is strange and I think judges generally always favour the punter. In this case I believe I have gone over and above the call of duty, doing everything I possibly could to rectify the situation. I am willing to take my chances should it go to court as I am tired of people taking advantage day in day out.

For a quiet life, and because I have a good reputation to withold, I always pay out on more or less anything that goes wrong in the 90 days but this time I know the car is fine and I'm dealing with a nutter.

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On 2/16/2018 at 9:48 PM, have a word with the wife said:

she will not win

she is being wholly and totally unreasonable.

you DO NOT have to give her your pdi, i have successfully proven this in court, the claimant said they had no sight of any pdi, other than the one i produced in evidence, inferring that one didnt exsist ! in court the claimant and the judge were reminded that the pdi is for MY satisfaction that the vehicle is correctly examined and fit for sale, and correctly kept for any future reference, the customer has no need to see sight of this document, they were plainly told at time of sale "a full pdi has been carried out " .

being unreasonable and uncooperative is the first thing to put in your defence, and ask for any claim to be struck out not only this but that a clutch is a wear and tear item, especially after so long as its obvious shes still using the car and its not stopped her from using it at all.

agree, can't see her winning for a few reasons;

- a clutch is a wear and tear item, regardless of whether you PDi'd it or not.

- the issue would have been noticeable at point of purchase if fault was present, slipping for instance, smell, obvious to purchaser.

- she's continued to drive it.

- refused your very fair offer of supplying the part AND even offered to have it back and fit it.

- The law always refers to what's reasonable and she is not.

let us know how you do.

4 minutes ago, Scooby who said:

Thanks guys for your comments. Reassuring to say the least. The law is strange and I think judges generally always favour the punter. In this case I believe I have gone over and above the call of duty, doing everything I possibly could to rectify the situation. I am willing to take my chances should it go to court as I am tired of people taking advantage day in day out.

For a quiet life, and because I have a good reputation to withold, I always pay out on more or less anything that goes wrong in the 90 days but this time I know the car is fine and I'm dealing with a nutter.

absolutely. sometimes I think you have to take a step back, put yourself in their shoes, ask friends, family for their opinion, then ultimately draw your own conclusion.

think, how would my current and future customers react to their complaint and your goodwill gesture/solution. would you feel comfortable with them putting their complaint on your facebook page (if you have a company one) and replying with facts such as what you've done to rectify the issue, if so. let her take you to court! as arfur mentions, the CRA is there for us too. we can't let these chancers cripple our overheads when we have strong cases!

Edited by justlooking

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31 minutes ago, tradex said:

Some very good points in this thread.

I would add something else to the bit about the Law. Magistrates have been known to just make their own erm, how would we say, 'interpretation' I guess on case facts, even when the law says, nay shouts otherwise, that one from experience:D This is where the appeal process, can be a real help if the beak gets up and his week old Merc drops a big end and all car dealers are scum of the earth. Didn't know there was a an appeal process? Well yes there is, if you really do feel hard done by.

But only appeal if:

the court made a mistake in law

and/or there was a serious irregularity in the proceedings

You'll have 21 days from the date of the decision to make an appeal, unless the court has given a different time limit. There is a fee to pay.

But, on the whole nothing to be afraid of, only if you feel you have a good, reasonable and genuine case. Like everything in life, the first time is the hardest, after that it gets easier.B)

Like we have been saying though, some oddballs just want their day in court, even if the ashtray just needs emptying and it's down to you, so just go with the flow.

When I won my case, the Magistrate said to her he was refusing her the right to appeal and asked me if I had a claim for costs..... I wasn't prepared for that, next time I will be :) I just looked at the evil bitch with a biggest smile and walked out. I could still hear her screaming and shouting on the floor below. I walked out of Exeter Crown Court bouncing like a Tigger, it was VERY memorable..

See, its given me the confidence to do my job right (which I do) but equally say no when its not, you have to explain to billy that maintaining their cars is their responsibility.......

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1 hour ago, Arfur Dealy said:

When I won my case, the Magistrate said to her he was refusing her the right to appeal and asked me if I had a claim for costs..... I wasn't prepared for that, next time I will be :) I just looked at the evil bitch with a biggest smile and walked out. I could still hear her screaming and shouting on the floor below. I walked out of Exeter Crown Court bouncing like a Tigger, it was VERY memorable..

See, its given me the confidence to do my job right (which I do) but equally say no when its not, you have to explain to billy that maintaining their cars is their responsibility.......

i never knew the person who took me to court smoked, until, leaving the court doors, a car went past at break neck speed with the claimant driving and smoking worse than a old atkinson on a cold morning :lol:

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