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Tony911

Misrepresentation timing belt

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Hi everybody got a letter from a customer today who purchased a audi a3 from us in November 2017 and he is a solicitor as i personally dealt with him (nice bloke) he is stating that we misrepresented the car as having its timing belt changed, we did advertise it like that as we have got the original advert text from autotrader and states it was changed in 2016 now we must have had some paperwork saying this or other wise we would not have put it in the advert. He is saying that the timing belt snapped in April 2018 and had a replacement engine fitted and has since continued using the car. Where do we stand on this matter he wants £1800 but is saying if he takes it further he will claim for other losses. Never phoned us when this happened only just contacted us today. 

 

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If you can prove that the cambelt was done when you advertised then you have not misrepresented the car. 

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My god how much paper works on these cars do we need to keep for instances like this ?????   i agree and its same for us..................    you would not have  advertised it if there was  no evidences that it had been done and of course that then passed to him and its now  for you to have to defend that position, 

9m delay to advise you of his issue seems a little strange ??

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I'm sure he did his own due dilligence and looked at your evidence at point of sale too?

Ask him to forward on copies of all of the service history and bills for the work he has had carried out in order to investigate the matter further.....

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The cambelt was changed that wasn’t misrepresented at all and you made no claim to the quality of the belt, the quality of the fitting or the belt’s longevity. 

I.e sorry mate, must have been a shit belt.

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If it was me in this position, I would be passing it on the lawgistics to deal with from the onset. Don't respond yourself, let the legals sort it..... 

26 minutes ago, SC Derby said:

Do you keep your old photos when advertising?

Yes, and my videos :) They have become very handy a couple of times. 

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I wouldn't be rolling over on this - 9 month delay...and your reason for the delay Sir?

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17 minutes ago, Arfur Dealy said:

If it was me in this position, I would be passing it on the lawgistics to deal with from the onset. Don't respond yourself, let the legals sort it..... 

Yes, and my videos :) They have become very handy a couple of times. 

Nope, but got the advert text from autotrader as they keep the txt for a few years but images not. Was reading on another post earlier and i think its nick mk saying customers have up to 6years to claim. WTF. Is this guy trying his luck? The reason for delay is because he done his back in. 

Edited by Tony911

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I wouldn't be taking this.

No explanation for the delay. No call at time of fault. No option for you to recover and repair. Surely this guy can't be serious?

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If the guy is a legal then he would know his rights, he would also know he does have to show due dilligence on collection re (misdescription), plus a load more he should of done. The reason I say go legal straight away is because you need to show him you arn't a walkover. 

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Yes, that customer should have given you an opportunity to inspect the damaged engine to confirm liability (the reason for the snapped belt). His omission to do so means you are not in a position to compensate him for his loss which is his own and unmitigated. 

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14 minutes ago, Nick M.K. said:

Yes, that customer should have given you an opportunity to inspect the damaged engine to confirm liability (the reason for the snapped belt). His omission to do so means you are not in a position to compensate him for his loss which is his own and unmitigated. 

this

i wouldnt entertain a claim like this its bordering on fraud

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14 minutes ago, Nick M.K. said:

Yes, that customer should have given you an opportunity to inspect the damaged engine to confirm liability (the reason for the snapped belt). His omission to do so means you are not in a position to compensate him for his loss which is his own and unmitigated. 

Go on Nick, show us one of your unmitigating fantastic letter responses.... If the guy IS a legal, I wouldn't want to predjudice myself....Thus straight to Lawgistics....

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Will ask him for copy of service history. Think hes just trying his luck. Always thought timing belt was classed as a moving part so ware and tear

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5 minutes ago, Arfur Dealy said:

Go on Nick, show us one of your unmitigating fantastic letter responses.... If the guy IS a legal, I wouldn't want to predjudice myself....Thus straight to Lawgistics....

Simon, those letter ARE from Lawgistics and for many years I've been saying that even smallish dealers should have a Lawgistics membership. If you are worried about prejudicing yourself in a letter write on top WITHOUT PREJUDICE. 

 

Tony, the guy doesn't threaten court action because the belt snapped. He is saying the car was not advertised properly. You can have records that show a belt replacement but an old actual belt in the car. Ideally you wanted to inspect what's left over of that engine and that belt. Now weeks after the fact and after everything has been replaced and old parts thrown away you have no way of inspecting hence no way to confirm or deny if the car was "represented" properly. 

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If he is a solicitor,I would find out where he works and email a reply ‘ by mistake ‘ to some senior partner at his office  with the details of his claim and asking for the service history since purchase in order to proceed.That should go down well with his colleagues.

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2 hours ago, Arfur Dealy said:

If it was me in this position, I would be passing it on the lawgistics to deal with from the onset. Don't respond yourself, let the legals sort it.....

Was just reading lawgistics reviews and they seem to have quite a lot of bad reviews. They worth joining? 

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Just now, Tony911 said:

Was just reading lawgistics reviews and they seem to have quite a lot of bad reviews. They worth joining? 

I’ve found them invaluable over the years. Granted, some Legal Advisors there are better than others (as in some are awesome, others adequate) but on the whole I can’t complain. It definitely pays for itself for me, and I wouldn’t want to be without it. 

Are the reviews from motortrade or punters moaning about the warranty scheme?

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7 minutes ago, Tony911 said:

Was just reading lawgistics reviews and they seem to have quite a lot of bad reviews. They worth joining? 

Given your post regarding the mercedes and now this, it's surely worth signing up to a place that will have qualified people respond to chancers like this on your behalf.

If you're confident that you had paperwork to back up the cam belt change, then you have little to worry about.

He's not much of a solicitor is he because if he WAS any good, he could have come back to you when it snapped in 2018 (if it even did) and made a claim against you under the CRA. Probably successfully. The fact is he didn't yet here we are, 9 months later and it's only just dawned on him to get in touch with you?

Like Dave says, this is bordering on fraud.

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We were with Lawgistics for 3 years and they were great - helped us no end and I learned lots

since we moved we’ve never needed them. My own experience has been enough. Never had to go to court and feel confident in dealing with everything in house - even the super screamers. 

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25 minutes ago, EPV said:

Given your post regarding the mercedes and now this, it's surely worth signing up to a place that will have qualified people respond to chancers like this on your behalf.

If you're confident that you had paperwork to back up the cam belt change, then you have little to worry about.

He's not much of a solicitor is he because if he WAS any good, he could have come back to you when it snapped in 2018 (if it even did) and made a claim against you under the CRA. Probably successfully. The fact is he didn't yet here we are, 9 months later and it's only just dawned on him to get in touch with you?

Like Dave says, this is bordering on fraud.

We will join with them as now there is this screamer and the other plonker think it must be worth while can't do with the stress of it. Money comes and goes you can always get it but health you cant. If its health or money i would rather have good health and enjoy as much time with the kids as possible. 

Edited by Tony911

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