In Dispute With Dealer Over a Car Now Getting Legal! Advice Please!

2nd_Time_Lucky

pappadruid wrote: »

Matty/Tradepro

I submitted the S75 claim against my cc company as I was led to believe that they were also liable for any losses, so they would meet any outstanding losses if successful. Are you saying that the cc company would pursue the dealer for these losses in addition to what he has already agreed to?

If this is the case, I would not have submitted a S75 as I thought the S75 claim with the cc company was separate to anything agreed with the dealer as they have some liability with this.

Im going to have to look into this a bit I think....

Thanks for the heads up!

Yes the credit card will just take the money from the dealers account without any notice and give it to you.
Personally I would cancel the s75 claim immediately.

pappadruid

I have just spoken with my cc company and the S75 claim is now withdrawn!

Thanks once again for the heads up guys!

The right thing has been done!

fivetide

pappadruid wrote: »

I have just spoken with my cc company and the S75 claim is now withdrawn!

Thanks once again for the heads up guys!

The right thing has been done!

Well done and well done for even coming back with an update. doesn't happen enough!

pappadruid

No problem Fivetide. This is exactly why these boards exist - to gain information and advice and give feedback on the end result, good or bad, for the benefit of other people who may be in the same situation. Not giving updates is like leaving a film before you have seen the end!

If I had not bothered to update, i would have been none the wiser regarding the S75 circumstances and would have ended up looking and feeling like a right plum!!

Thanks again for all the help and advice everyone!

TradePro

Glad! you! got! everything! sorted!

mattyprice4004

pappadruid wrote: »

I have just spoken with my cc company and the S75 claim is now withdrawn!

Thanks once again for the heads up guys!

The right thing has been done!

I'm actually chuffed you have, good on you.
He's done the right thing, as have you. Everyone wins.

Let's hope the CRV gives you years of reliable service.

AnnieO1234

What mileage should the clutch be changed on your vehicle? If it passed that and you didn't question it or have the foresight to spend a little money ensuring a second hand (the key) car is 100% then the warranty people have been overly generous.

More to the point a clutch rarely just fails, it might jump like a kangaroo but is drive able to a garage so I'm not quite understanding the need to recover it.

vaio

Lets not get carried away here, the dealer has done the right thing only when dragged to the doors of the court, prior to that they were trying to evade their responsibilities in the best traditions of car dealers.

As it was a sale of goods issue against the dealer why didn't you include the consequential costs like recovery in your claim against the dealer?

pappadruid

Annie - the clutch had completely failed and without warning, no slip, judder or anything. It was completely shot and would not transfer drive to the wheels so driving to a garage was an immposibility, hence the need to recover.

Vaio - I did initially request reimbursement of all recovery costs, but it could be argued by the dealer that he is not liable for the fact that I did not have breakdown cover so I had to decide whether to accept that or fight it in court, and potentially still not get the costs recovered. End of the day, it boils down to me wanting a swift solution to the problem, not dragging it on for weeks in court, and also not being greedy. The car is now fixed at no cost to me, I have accepted the loss regarding the recovery as a fair trade for a swift settlement to the problem, so overall I am happy.

vaio

Pappadruid

I don't have breakdown insurance either but if the dealer was responsible for the failure then they are also responsible for consequential costs.

A dealer that argued that he wasn't responsible for consequential costs because you should have taken out additional insurance to cover those consequential costs would get nowhere.

He sold a defective product and you shouldn't be out of pocket as a result. From memory the phrase is "faults should be remedied without cost or significant inconvenience to the consumer"

Still, as long as you are happy that's all that really matters & thanks for keeping us updated