eBid - Buy and Sell online

The Mitsubishi Pajero Owners Club®
The Mitsubishi Pajero, Shogun, Montero, Challenger, Raider and EVO 4x4 Owner's Club
 
The POCUK - it's not just a Club, it's a way of life!

 FAQFAQ   SearchSearch   Watched TopicsWatched Topics   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your personal messagesLog in to check your personal messages   Log inLog in 
Click here to link to the Pajero Owners Club UK FaceBook Group!POCUK FaceBook Group  POCUK home pagePOCUK Home  POCUK ForumsPOCUK Forums  CalendarCalendar

Dealing With Disputes - Dealers


 
Post new topic   Reply to topic    The Mitsubishi Pajero Owners Club® Forum Index -> Top tips
View previous topic :: View next topic  
Author Message
assassin
********
********


Age: 64
Zodiac: Capricorn
Joined: 29 Jul 2009
Posts: 5077
Location: Wherever I Wander To -- Midlands

PostPosted: Tue Jul 21, 2015 3:46    Post subject: Dealing With Disputes - Dealers Reply with quote

As I have considerable experience in the legal arena I thought I would write this little guide for those looking for a new vehicle to stop them getting screwed over, its not rocket science and anyone can do it, but do it you must if you get into dispute with a dealer and expect to win.

Rule 1 is very simply understanding that in any court you are not actually dealing with a court, magistrates and crown courts are administrative hearings and that many of these types of cases never see the inside of a pretend magistrates court as they go through something called a "bulk centre" which is basically another administrative process as no bulk centre has any magistrates or district judges, or anyone legally trained.

Rule 2 is that any claim for less than £10,000 it will go through a process called "fast track" which is the administrative process and unless the claim is defended you automatically get judgement by something called "inaction" which simply means the defendant fails to rebut your allegations within the allotted time. If the claim is defended it will go to the County Court and be heard by a District Judge who is legally qualified, unlike a magistrate and in all these cases the judgement is made before you even enter the court as PAPERWORK WINS CASES SO YOURS NEEDS TO BE COMPLETE AND ACCURATE.

Rule 3 is to keep copies of everything, begin by printing 3 copies of the original advertisement and keep them safe as if the vehicle is not as described you have the evidence of the description in the advertisement as evidence. If you purchase the vehicle always get a receipt, if you find faults with a vehicle then always deal in writing with the dealer, list the faults you have found and the date you found them and again keep three copies of each letter. Always post letters as recorded delivery as you get a tracking number (and receipts as proof of posting) and you can track the letter online and state what time it was received and even who signed for it, proof it was delivered and if they deny receiving it you have proof of postage and proof of receipt and their incompetence is not your problem.

THIS IS CALLED YOUR PRIVATE RECORD OF THE PARTIES AND IS THE MOST POWERFUL TOOL IN ANY CASE, IT WINS CASES.


Any correspondence you receive from the dealer should be signed with what is called a "true wet signature" which in simple terms is with a pen and not a printed signature and state the name of the person signing it, nobody is called aftersales manager or disputes manager, or service manager; and the reason they do this is to absolve themselves of liability as whoever signs the correspondence is legally liable and once an employee is liable their employer becomes liable under something called "VICARIOUS LIABILITY" which is based on the old master and slave laws.

Two things should happen from here:

They take the vehicle back and diagnose the issues and offer to rectify them.

OR

They try to pass the buck and claim you have caused them and refuse to rectify the faults - now the onus is upon THEM to PROVE the faults weren't present on the vehicle when they sold it to you, Sale of Goods Act says so.

If you buy a 4X4 with selectable four wheel drive and you cannot select 4 wheel drive it is a major fault, if a bulb is blown it can happen anytime so it would be impossible to prove who is at fault, if they claim the vehicle is fitted with a 10 stack CD system and it isn't it is mis-described.

Now is the time to get an independent vehicle examiner and get his/her professional opinion and a full report, if the dealer claims all their vehicles are serviced prior to sale and he finds the fuel, air, and oil filters are clogged you have them, you get the picture.

They want to defend the claim? let them try, your paperwork (private record of the parties is complete) you will win as 90% of all claims are won by the claimant (you) in small claims cases as they are never defended.

Rules:

Always deal in writing and send recorded (signed for) delivery as you can track it online and state who signed for your letter.
Never deal by E-mail as it will most likely be dealt with by an office junior and YOU have to prove he/she never passed them on.
Always get receipts for everything, postage receipts, a letter from your employer stating you had a day/half a day off work stating how much lost wages you had.
Book mileage to recover any fuel used, anything such as subsistence (food/drinks) you had while waiting for them, in fact any expense incurred by you and put it in your claim.
Back to top
View user's profile Send personal message
Google
Sponsor







PostPosted: Tue Jul 21, 2015 3:46    Post subject: Google Ads keep the POCUK free to join!


Back to top
Display posts from previous:   
Post new topic   Reply to topic    The Mitsubishi Pajero Owners Club® Forum Index -> Top tips All times are GMT + 1 Hour
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
You cannot attach files in this forum
You cannot download files in this forum


All contents © Hobson's Choice IT Solutions Ltd 1997 on
Powered by phpBB © 2001, 2002 phpBB Group