I'M BEING TAKEN TO COURT!! Life of a Car Dealer

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  • เผยแพร่เมื่อ 21 ก.ย. 2024
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    In this video, I waffle on for the best part of 20 minutes, about a car we sold and how its ended up going to court!
    As always, let me know your thoughts in the comments! Shout out some car meets/shows to do this year?
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ความคิดเห็น • 229

  • @marcgodfrey1
    @marcgodfrey1 ปีที่แล้ว +25

    As a person who have had to take a dealership to court I would have felt that you have done everything within your power to help given what you have said. You would be the 1st dealer to give out appolagies with food and drink! After consuming all your videos recently I hope all goes well

  • @tz6414
    @tz6414 ปีที่แล้ว +4

    The law assumes the air suspension was a preexisting fault
    In which case you have one chance to repair it which you have, after that he would be entitled to a refund minus wear and rear usage he has had from the car. However the above applies to a car under 6 months old, After 6 months the customer has to prove that the fault was preexisting to get the refund, the fact the car was sold with air suspension fault would give an indication this was the case even if the exact item for failure is not determined. I would say the case is in their favour, again minus wear and tear. Interesting to see how this goes.

  • @japjan8385
    @japjan8385 ปีที่แล้ว +7

    they should try buying a car off arnold clark and the will get bugger all done except the run around

  • @scotty6346
    @scotty6346 ปีที่แล้ว +4

    Typical customer wanting a cheap Q7 to run on a shoe string, I'm ex motor trade mate, A tech for 30 years and latterly a collision estimator, In my book you did everything right and went above and beyond to resolve this issue, Hopefully the Court will take my look on it for you 👍

  • @alexdebono4087
    @alexdebono4087 ปีที่แล้ว +3

    When you said 2007 Audi Q7, 146k, I knew there was going to be trouble 🤣 these air suspensions are notorious for failing

  • @paulanderton9424
    @paulanderton9424 ปีที่แล้ว +4

    Unfortunately, these customer types barely have enough money to buy the car let alone anything for ongoing maintainance? The absolute worst type of customer. They then expect you to fix everything forever. The level of entitlement nowadays is beyond ridiculous and unrealistic. Blame the government and society for always giving people everything for nothing without responsibility.

  • @kmack5799
    @kmack5799 ปีที่แล้ว +8

    I’ve spent quite a bit of time in Court over the years and you should be fine. You will have the opportunity to explain your side (just as you have in this video) and it’s clear you have gone over and above what’s legally required and the Judge will see that. I would say, you come across as a decent, honest person (which is rare in the motor industry) so you will come across well to a Judge. I think using a third party to speak on your behalf would go against you in this instance; as in the County Court environment its important the Judge can get a sense of what type of person you are before making a judgment, and as you come across well, this will work in your favour. Also, if someone buys a £6k/high mileage/complex car, its not unreasonable to expect ongoing maintenance costs. It is unreasonable to expect a bumper to bumper warranty!

  • @grottybt5006
    @grottybt5006 ปีที่แล้ว +6

    I'm not working in any kind of service industry anymore if I can help it. If I'm not being threatened with court I get threatened with knives lol. Things have changed in the UK over the last decade and it's every man for themselves, everyone grabbing what they can from a dying civilisation

  • @benparker2734
    @benparker2734 ปีที่แล้ว +9

    Lawyer and contract law tutor here - qualified for over 10 years. Was going to reach out and offer to chat things through; Pro-Bono of course but note you’ve got advice. Still happy to if you think it’d help.
    Anyway based on what you’ve said I really can’t see they’ll win this one. Even before a sympathetic judge, to find in the claimant’s favour there needs to be a legal basis to make their finding otherwise they risk being appealed; which no Judge wants.
    The standard rules on costs (your legal fee) is that it isn’t recoverable on the small clams track unless you can show unreasonable conduct (for example pursuing a claim which stood no grounds of success). If you’re being represented and you win it’s worth asking whoever is making submissions to seek costs.

    • @hassemsadiq
      @hassemsadiq 2 หลายเดือนก่อน

      I've recently bought a car import from someone in UK 60kmiles on odometer found the auction sheet showing over 170kmiles what are my options

  • @paulgray2387
    @paulgray2387 ปีที่แล้ว +3

    A couple of red flags from the beginning. Old luxury car (with faults), customer travelling from far away… That alone would have me nervous. I would have either traded it out or sold as a proper spares and repair ie not road worthy will only leave the yard on a trailer. Good luck though and I’ll keep my fingers crossed 🤞

  • @michaelarcher6278
    @michaelarcher6278 ปีที่แล้ว +9

    Your in the right here and should fight all the way.
    Spent over 40 years dealing with awkward customers, a total pain .

    • @Underbreath
      @Underbreath 2 หลายเดือนก่อน

      Awkward customers is what pays

  • @phillipstewartforshaw
    @phillipstewartforshaw ปีที่แล้ว +9

    Absolutely fuming for you Joe! That's such an awful thing to have to go through. As far as I can see you did everything and then some to resolve their issues. I really hope it goes your way at court. Good luck.

  • @poseidon201
    @poseidon201 ปีที่แล้ว +10

    I used to sell 20 to 50 new & used cars a month over a ten year period. From my experience you can never please everyone, and cars will go wrong, and some customers will be very unreasonable. I think you have gone above and beyond, and demonstrated your will to resolve the problem. I think you will win in court, and the customer is just going to make a fool of themselves. Don't let this customer change your outstanding customer service. For every 30 or so customers you will get one that's a pain in the arse. Try to focus on the good customers and those relationships you have built, who will undoubtedly recommend you to their friends and family. I guess only learn would be don't sell 150k mile premium suv again. Good luck!

  • @barryrathbone
    @barryrathbone ปีที่แล้ว +4

    I just don’t know what they expected with a nigh on 150k car! You did everything you could have done hopefully the court goes your way. Take care and you are perfectly right in what you say

  • @robblack7560
    @robblack7560 ปีที่แล้ว

    You will win. The Court test is "fair and reasonable" and you have done both. No brainer.

  • @Lot76CARS
    @Lot76CARS ปีที่แล้ว +4

    Secondhand price expectations with brand new car quality expectations. Listening to this (and another TH-camr Chops Garage) it seems a regular occurrence.. the older/higher mileage used cars seem to attract those who can just about buy the car but oblivious to the fact that as the values tumbled from new the repair cost went in the other direction 😂

    • @colinjones2505
      @colinjones2505 ปีที่แล้ว

      Indeed. James at Chops recently had a cussie whinging and whining about a very slightly noisy steering rack on his Civic. James just bought it back before it went any further. Some cussies just play a game, and are aTOTAL pain in the arse!

  • @ukultimaterc
    @ukultimaterc ปีที่แล้ว +2

    Champagne tastes I’m afraid mate, luxury cars come with bills. If you can’t afford to maintain one don’t buy it, it really is that simple. See it all the time with cheap Range Rover Sports, bought by people who should really have bought a Focus! You’ve been more than fair mate, hope it works out for you.

  • @paulhardy2014
    @paulhardy2014 ปีที่แล้ว +2

    Fingers crossed things go well for you in the court case, looking forward to the outcome 🤞🤞

  • @flippingcarsrepairs
    @flippingcarsrepairs ปีที่แล้ว +1

    I got to goto court for a speeding fine and some one not producing documents as dvla didn't update my sale now I have been giving 6 points and a £1000 fine for something I not even done its a joke been to court once to have it looked at and now I got to go again to produce the evidence what a joke 😡😡😡

  • @khalidacosta7133
    @khalidacosta7133 ปีที่แล้ว +1

    It's refreshing to work with good dealers. Remember buying a 12 year old Peugeot. Aircon failed after a few weeks.... this is after the dealer regassed it. Went to aircon specialist, told me it just needed a regas, there were no leaks. Paid £80... it's an old car, whaddaya want? Out of courtesy, let the dealer know, so he wouldn't use that aircon place again. Didn't even hint at a refund... but £40 was sent to my account a few days after!!

  • @matthewjones9733
    @matthewjones9733 ปีที่แล้ว +1

    Stand your ground . The car has a lot of miles on it . He was aware of this fact . You have helped him as much as you can . You will win your case . Good Luck .

  • @allanrobertson2401
    @allanrobertson2401 ปีที่แล้ว

    You should win the case. Customer had car for 4 months. Did another 4000 miles. They knew the car had high mileage. 15 year old car also. Do they want jam on it. You cannot be held liable for all future costs on that car. Wish u good luck.

  • @jamesmacdonald3090
    @jamesmacdonald3090 ปีที่แล้ว +3

    I feel for you, been there with a private sale to help out an elderly friend of my Mother. My hearing took two years and two Judges via video plus the plaintiff involving an independent vehicle evaluation company and a local mechanic as a professional witness. I had months of sleepless nights and self doubt... I have legal experience so handled my own defence. I would say that it is not a good idea to post on social media prior to any hearing. Too many armchair critics and it doesn't help reduce the sleepless nights. I think that Judges are sensible enough to pick up on discrepancies and do tend to carry the plaintiff and overlook technical issues unless they have legal representation. I had no end of people saying "tell 'em to do one" or "buyer beware" which doesn't help when you are facing the courts. Just remember this is a civil matter, your not a criminal and it does come with the territory of being a trader. I won my action with the satisfaction that the plaintiff had to pay costs of over a grand for a £650 car which only had a flat battery! The World is full off tw@ts and never forget that.

    • @ShiftingMetal
      @ShiftingMetal  ปีที่แล้ว

      Thanks James! Good advice 👍

  • @alundavies5171
    @alundavies5171 ปีที่แล้ว +1

    you are 100% in the right you have offered far more to the customer than they are actually entitled to!! wishing you the best of luck on ur day in court over the phone!!!

  • @yorkshiremike5083
    @yorkshiremike5083 ปีที่แล้ว

    I feel for you Joe. People who want luxury 4x4 motoring on a Citroen C1 budget are unrealistic in their expectations and it's not your place to burden the cost of daily driving a car with 140+ K on the clock.
    I recently purchased an Audi A6, 2010, one owner, 34.500 miles and probably paid too much for it (8.5k). However, it is quite a unique car insofar as being a 2.0 tfsi, manual gearbox and with factory special order paintwork (Cambridge green metallic pearlescent).
    Low miles regardless, it's a 13 year old car and you buy eyes wide open. Preventative maintenance in the first 8 weeks that I chose to do... Cam follower, PCV , diverter valve, belt and water pump, spark plugs, all fluids, plenums.
    My choice and not required as repairs (dealership bought with warranty BTW)
    Borrowing Mums savings to buy the Q7 is indication that they should have bought a Toyota Aygo but want to lord it up in a car they can't afford to run.
    Awful people, lesson learnt and move on 👍

  • @jihunkim2211
    @jihunkim2211 2 หลายเดือนก่อน

    Agree with the car issue - disagree with the Nike shoes analogy - I believe they offer a 2 year warranty if you absolutely batter yours/faulty and you can get a replacement.

  • @jasons2290
    @jasons2290 ปีที่แล้ว +1

    I'm with you Joe
    You have done your best and gone beyond what you are required to do.The customer is taking the Pizz.
    You will win the case hands down without a doubt

  • @simonnlaroche5438
    @simonnlaroche5438 ปีที่แล้ว +1

    Really interesting video. Fully support your stance on this, stand your ground and good luck!

  • @harminderkambow9642
    @harminderkambow9642 ปีที่แล้ว

    It sounds like you did everything reasonably and imo would side with you.
    I understand and agree with all the comments about the customer buying an old car with over 140k miles etc expecting new car reliability etc, HOWEVER the courts will look to the consumer act law, so common sense unfortunately can get overlooked.
    I understand you will be representing yourself (no solicitor)?
    - Be very concise,
    - Stick to the facts,
    - Keep calm (like you do in your videos)
    - Describe what happened logically,
    - Provide all evidence of your claims (e-mails, letters, texts, phone logs)
    - Lay out what you did that was reasonable and followed the consumer act
    - Lay out what the consumer acted very unreasonably and you were still willing to work with him.
    - If you start waffling on and react emotionally it looks bad and becomes hard to follow your argument/case.
    Basically you want to make it easy for the judge to follow what your version of events are.
    I understand you used a chinese part rather than OEM which imo was a mistake/false economy, but if that point is brought up by the consumer, I would argue that the OEM part didn't fit and Covid has severely affected supply chains.
    I wish you all the best.

  • @eamoncadden7721
    @eamoncadden7721 ปีที่แล้ว

    You have absolutely nothing to worry about. He who alleges MUST prove.

  • @richn643
    @richn643 ปีที่แล้ว +1

    All the best pal,if I was to buy a car it would be someone like you,you can't satisfy everyone,good luck

  • @seanmurray3633
    @seanmurray3633 ปีที่แล้ว +1

    Best of luck next month You are a very fair and honest car dealer

  • @carlwoodcock9249
    @carlwoodcock9249 ปีที่แล้ว +1

    You have a strong case , best of luck pal 👍👍🇬🇧

  • @creamthelapin
    @creamthelapin ปีที่แล้ว

    This makes me livid, as a consumer. Your car (which you bought), your problem.

  • @robbiemcelwee9139
    @robbiemcelwee9139 ปีที่แล้ว +3

    Have we yet established that it is pump failure? If it was then, yes you should carry out replacement, if it's anything else then the customer has no recourse, the car is well out of warranty👍🏼

    • @ShiftingMetal
      @ShiftingMetal  ปีที่แล้ว +1

      No, I was waiting for them to have someone local diagnose it so that we knew what we were dealing with but they took that as, they’ll get 3 quotes (for what exactly I don’t know) and I’ll pay it. They went down the legal route before I ever had a chance to find out!

    • @robbiemcelwee9139
      @robbiemcelwee9139 ปีที่แล้ว +1

      @@ShiftingMetal In that case I don't think they're entitled to anything, good luck and keep up the good work with the channel!

  • @andrewbounds8672
    @andrewbounds8672 ปีที่แล้ว +1

    You have done everything that i would have like you to do for me and you have been more that reasonable hope you win

  • @bobp3194
    @bobp3194 ปีที่แล้ว

    I have purchased many cars 56 years some on hire purchace some cash ,dealers normally give you 3monthsi sold two vehicle last year jan one in july not heard from customers since .both 57 plate

  • @jacklifeonwheels
    @jacklifeonwheels ปีที่แล้ว +1

    This is probably why you got hold of the car in the first place. Some one got rid of it because of the suspension light.

  • @BobMc87
    @BobMc87 ปีที่แล้ว

    The way I look at it, they seen a big Audi Q7 for sale, so they spend their whole budget on buying it. Completely unaware of the higher running costs/maintenance of a car like that, not to mention the age and miles of it. Once the novelty of driving about in it wore off, and the financial drain it became they became resentful and want the dealer to be responsible for things going wrong on a high mileage, 15 year old car. They should have bought a £5k Focus or something, but the status of driving a Q7 got their blood pumping. Don't want to name drop, but another car salesman I watch has said "When someone comes in to buy a old luxury car, I always ask if they have a couple thousand set aside for maintenance?" If not, he recommends something else. Great channel, good video, hope all goes well in court!

  • @benjaminshepherd1432
    @benjaminshepherd1432 ปีที่แล้ว +2

    Thanks for sharing Joe. It’s interesting to get your perspective and from the information given I think you have demonstrated candour for when things have gone wrong and the desire to provide the best experience regardless.
    Unfortunately there are some who have expectations which no one could ever achieve.
    I wonder if sharing the majority of your defence bundle prior to the hearing was a good idea. I am sure the customer (sorry the car keepers) will be watching.
    Fingers crossed that justice prevails!

    • @ShiftingMetal
      @ShiftingMetal  ปีที่แล้ว +2

      Thanks, they’ve had our response already so nothing new here 👍

  • @oxfordgreenbus
    @oxfordgreenbus ปีที่แล้ว +1

    On presenting a case using brief clear to understand bullet points helps getting it across.
    You've been more than accommodating whilst their actions leave a lot to be desired, good luck I think it'll go in your favour.

  • @luckystar3314
    @luckystar3314 ปีที่แล้ว

    Most buyers have become system abusers. I’ve been a car dealer for 18 years and this is the worst it’s ever got. I’m finding that people are spiteful and evil no matter how genuinely and fairly they are treated. For this reason, I’m deciding to close down.
    The courts also are biased too.. Custmer thinks we make 50% profits and have no overheads whatsoever. They don’t realise that we have to pay vat on all sales, staff costs, rent, rates, advertising costs, insurance costs, compliance costs, utilities, refuse, website costs, compliance costs and more yet those few always try to take the piss.. They want a car at the fraction of the cost when it was new and expect it to be completely faultless and they decide take you to court as if your a criminal for the pettiest of things whilst they’ve ballooned the costs. I’ve dealt with all types of cars from high value to average .. I’m done with it.. sadly what has been a passion my whole life has become a business the I hate.. and it’s all because of what’s happening… I have recently personally developed a label for those types of people, I call them “luxury peasants” because they want luxury but can’t afford to run it and rather sell their morals and dignity to make the dealers life miserable.
    It’s a system of shambles! Personally - I realised it’s over for me when I started refusing sales to people simply by judging their characters, I like to think that I can now spot the “luxury peasant” a mile away and refuse the sale.
    Anyway, I’m out!

    • @roystonvehicles9129
      @roystonvehicles9129 ปีที่แล้ว

      I'm the same mate, I refuse sales, I told a guy the other week he'd got a big sign over his head, he looked up, I said it spells trouble, so I'm not selling you it, I had a cc case last year, I lost hands down, judge had absolutely no idea what I was saying, only concession I got was that he didn't allow her extra grand she'd put on top(!)

  • @5322colin
    @5322colin ปีที่แล้ว +1

    I think you have done more than most dealers wish there were more like you. good luck in court.

  • @nutsandy7183
    @nutsandy7183 ปีที่แล้ว +1

    Good luck... I hate car sales places because they always screw us customers over, but you appear to be someone i'd be happy to do business with! You buy a 15 year old Audi with almost 150k on the clock you have to expect a USED vehicle. It wont be as new! People expect too much from used vehicles. Do all that you can to stop them taking more advantage of you, you have gone out of your way in so many ways to fix the issue and i hope you still manage to carry on being as good as you are with customers who arent arseholes!

  • @jimjam894
    @jimjam894 ปีที่แล้ว

    Prime example of someone that wanted a new car but couldn’t afford it so bought an old one and expected the same warranty and I will bet there maintenance will be non existent and only do the bare minimum for the test

  • @Highran56
    @Highran56 ปีที่แล้ว +1

    Hi mate. Sorry to hear your buyer has had to come to this. Is this a full hearing or is this a case management discussion? (They call it that in Scotland but unsure of the process in England. It’s like a pre hearing so the Sherriff can hear if the dispute can be resolved without going to a full evidential hearing)
    Let me just reassure you that just because (presumably) a lot of cases are settled in favoured to buyers and not dealers doesn’t mean you don’t stand a chance to successfully defend yourself. I took a cyclist to court in a car - bicycle accident where the cyclist was at fault yet he denied everything and when it got to my hearing I was worried because most cases I read are cyclists taking motorists (never the other way around) to court and thought the case was highly against me but i won the case.
    In my case I tried to resolve with the cyclist privately without going to court but he wasn’t even willing to talk to me and when I took him to court he denied everything.
    Just be prepared by gathering all the evidence relating to your transaction and lodge them with the court, not just receipts, sales invoice, but any communication to the buyer as well. to explain your version of events, explain your evidence, why it’s relevant, be prepared for cross examination and be able to state why you think you the buyer shouldn’t receive the amount he’s claimed for. (Which you’ve already said)
    As long as you’re honest, credible and done everything you can resolve this dispute which you are and have done I think you’ll be fine defending your case.
    Keep us all updated. I’d like to hear the Sheriffs decision.

  • @kevinhaigh3962
    @kevinhaigh3962 ปีที่แล้ว +1

    Sounds like they are trying it on fella honestly, think you have done more than enough for them can't believe how old it is and the high mileage what do they expect things will obviously break, fingers crossed you get it sorted in your favour, and i am trying to say this politely be i would be a lot different if it was me talking to them lol hope you have a great weekend

  • @rickyrall1971
    @rickyrall1971 ปีที่แล้ว

    Customers need to start taking responsibility aswell. It’s 2023 this whole image of traders always at fault bull crap. As long as you show you are helping/helped that’s it. Customers take the mick buying se mod hand cars as if there brand new

  • @Tyronnster
    @Tyronnster ปีที่แล้ว +1

    Tell them to sling it.
    Love this type of video shows both sides to the joys of owning a dealership

  • @BradysGaming84
    @BradysGaming84 ปีที่แล้ว +1

    From the sounds of it they did no due diligence on the car they were buying which is always a must when buying a car like that especially with moon miles on it, they clearly under estimated the running costs of the car and general repairs which come with the territory of owning one of those cars. And because they had no idea what expect, they are looking for someone to blame rather than themselves for not checking what to look out for.
    Stand your ground and let this be a lesson to them!

  • @sqweki2008
    @sqweki2008 ปีที่แล้ว +1

    Technically after 6 months you can tell the customer to bugger off!

  • @trevatkin4869
    @trevatkin4869 ปีที่แล้ว

    I think you've been very fair. You can't expect to have someone look after your car forever. I bought a car not long ago, and paid top dealer money for it and to be honest it was totally misdescribed and not worth that money. I tried to get something back from the seller straight away but he didn't even care and just stopped answering my messages. I did think about taking him to court but just don't need the hassle so decided to sort it out myself, which cost me a lot of money but sometimes you just have to suck it up. That guy was blatantly dishonest but you seem a really fair guy. I hope the court case goes your way.

  • @Dodgy1
    @Dodgy1 ปีที่แล้ว +1

    I believe you are fully in the right here, Not many people like yourself in this business go above and beyond to help, Bottom line this case ended before it started, The Day they came un-announced to pick up the car even though you had not fully got to the bottom of the air issue and decided to take the care anyway hmm, Warranty started then I say but 4,000 miles later they have same issue you were trying to fix for them... End of, It is very rare i would side with the dealer but I have seen enough of your videos and plenty of others and it is just a shame more dealers in this Trade are not more like you. Chin up mate You got this, Keep er lit. Chris

  • @roystonvehicles9129
    @roystonvehicles9129 ปีที่แล้ว +3

    After my experiences I'd deffo avoid court, I've been 3 times since the 90s and totally lost each time, on one ended up with hc sheriffs, cost me 3 times what I'd sold the car for.

    • @ShiftingMetal
      @ShiftingMetal  ปีที่แล้ว

      I’m not holding my breath, that’s for sure!

    • @roystonvehicles9129
      @roystonvehicles9129 ปีที่แล้ว +1

      @@ShiftingMetal mine was in the first few days, but after 30 days any refund is on a sliding scale, the main problem is the fault was there within 30 days, you get one chance to repair, if unsuccessful it's refund I'm afraid, it'll only be the original cost plus court fees, nothing more on top.

  • @Jer0nim0
    @Jer0nim0 ปีที่แล้ว +1

    I'm not in the car trade and I'm in no way trying to tell you how to run your business, but wouldn't it be better to only sell a car fully ready or "sold as seen"?
    Bish bash bosh, job done.
    So you don't have to deal with these scammy types.

    • @ShiftingMetal
      @ShiftingMetal  ปีที่แล้ว

      Yes absolutely, not sure why it happened this way this time but I’m guessing we were struggling for stock at the time so advertised it early!

  • @dirttdude
    @dirttdude ปีที่แล้ว

    at the end of the day the question is; did the consumer, your valued customer get their moneys worth? Now you cant be responsible for every inch of the car for its entire serviceable lifetime but you've got to deliver on your promises, if you've delivered and the car turns out to not be worth repairs, it's easier and cheaper to take it in the shorts on the spot before the attorneys fees and court costs and anger develope, you never want to fight that shit unless you can prove beyond a doubt that the customer did something wrong. in most cases you can sweet talk them and give them a great deal on a way better car, that way you can cushen the pain

  • @fishermansNME
    @fishermansNME ปีที่แล้ว

    Wow the trials & tribulations of a car dealer hey? It's just as well you checked out that clocked car before you sold it. I don't usually back up car dealers but you come across as a decent bloke and appear to have done all you can to obtain a satisfactory conclusion. The judge could take a dim view of the consumer in this case and find in your favour. Good luck fella

  • @shanebuchanan915
    @shanebuchanan915 ปีที่แล้ว

    In my opinion when you buy any secondhand vehicle from a dealer you do so on the understanding that once the warranty has expired then it's the owner who is responsible! For the upkeep of the vehicle! I think you're probably correct in thinking the Courts will find in favour of the buyer!!

  • @memorywarrior8752
    @memorywarrior8752 ปีที่แล้ว

    I'm not sure why you came up in my feed but I enjoyed listening to your story. Here's some thoughts for you from someone that works in a similar service industry, but am also a consumer.
    1. I think I would reconsider selling such old cars with such older mileage. You really are creating a rod for your own back.
    2. The issue with the pump could probably be considered as something that you had said was fixed and is not working, so I can see why they may hold you responsible for this.
    3. If they bought a car from a dealer four hours away, it's not reasonable for them to expect you to collect it from them. It was their choice to buy from you.
    I've always imagined being a car dealer is a very difficult job, you really are at the mercy of every pedantic sensor on the damned car. I wish you good luck in phone court.

  • @4evaclapham
    @4evaclapham ปีที่แล้ว +2

    it must be said that dealers have thoroughly earned their reputation

  • @christapp4877
    @christapp4877 ปีที่แล้ว

    I think you have gone above and beyond to support the customer, their expectations are totally u realistic. Good luck and let us know what happens

  • @andrewemslie3901
    @andrewemslie3901 ปีที่แล้ว +1

    Not really sure what to make of this. I wouldn't buy that sort of car (as a customer) in the first place - a big car with lots of complex electronics etc, 15 years old and high mileage, you have to expect problems. Even if I had to buy a car like that, I'd have probably cancelled when I realised it was gonna take a month or so, I'd have just found a different one.
    I get why the customer expects it sorted, as it's the same type of problem the car had before they got it. However you have offered to fix it and work with the customer, and even fitted a whole new set of sensors rather than just replacing the problem one, so I don't see what else you can/should do. Also don't understand why they left it so long, and I feel the fault can't be that bad if they've driven it for so long and it's passed 2 MOTs.

  • @snoozinghipo
    @snoozinghipo ปีที่แล้ว

    Being an ex-car dealer and having a keen interest in law and ethics I would say you are not liable in any way for this issue. ( Though I was a dealer in Sweden where their are very consumer protective, they would only by law have had a three month warranty) And the problem had occurred was not the same problem that was reported and repaired in the first place so why should you be liable?

  • @chriswalford9228
    @chriswalford9228 ปีที่แล้ว

    I feel once the manufactures/ dealers warranty has run out on a new car then that's it . Buyer beware and all that.

  • @benjones1180
    @benjones1180 ปีที่แล้ว

    You will win this all day long I wouldn't worry about it

  • @gavjlewis
    @gavjlewis ปีที่แล้ว +1

    There are many comments so sorry if I have missed the answer.
    If they are driving around in the car now then they must have fixed it? So they would know what part failed and how much it cost to fix?
    So they would have a much better chance of recovering those costs rather than trying to reject the car and claim the whole money back.
    Or is it a scam and it was never broken? So they won't have needed to mend it, which is why it's still driving around today!
    I presume getting the bill of repair will be pretty fundamental in the case.
    Good luck.

    • @ShiftingMetal
      @ShiftingMetal  ปีที่แล้ว +1

      I’ve never seen an invoice or diagnostic report so have no way of knowing anything was wrong in the first place!

  • @neilgorin1037
    @neilgorin1037 ปีที่แล้ว

    Ignoring the side of the law, if the car passed the MOT in December, it was fixed. So where's the bill for that fix?

  • @1066gaz
    @1066gaz ปีที่แล้ว +1

    They take advantage when your too nice with them.
    Just don't buy cars over 100K.

  • @EnglishTMTB
    @EnglishTMTB ปีที่แล้ว +1

    I'd definitely think you've got a very strong case here - you've made reasonable offers and can show that you follow through (even for the same customer) when given opportunity to.
    Would've thought suspension components come under wear and tear items anyway (like tyres and brake discs/pads) - they could easily have hit a large pothole or two and not be telling you.
    If the fault that's presenting now isn't actually the same fault then you're not liable for it anyway as I understand it - but how can you even verify that it's the same fault unless they bring it to you?

  • @white183a
    @white183a ปีที่แล้ว

    Totally with you Joe. They have totally unrealistic expectations, my Judgement is with you.

  • @robk1003
    @robk1003 ปีที่แล้ว

    My first thought was if they want the full amount back they have to reject it i.e. hand it and the keys back and provide evidence of a fault which was there when they bought it. The known faults were fixed and they have driven it for around a year after they were fixed.
    Don't be afraid of a county court. After receiving many threatening letters my wife was threatened with county court action only for the other side to withdraw their claim 3 weeks before the court date.

  • @Taylorjay99
    @Taylorjay99 ปีที่แล้ว +1

    They're taking the piss. Sorry, can't put it kinder than that lol. Yes, nearly 7 grand is a lot of money for sure but if I had bought a 15 year old car with 150k miles I would be fully expecting any dealership to just reply to any issues telling me to jog on as it's a high mileage vehicle. You've done all you can, as long as you have a record of the MOT that was done close to the sale date and invoices for any repairs you have done I think you should be fine. The fact that you offered to look at the car again several months and thousands of miles later but they refused this should work in your favour in my eyes

  • @jamesshaw4683
    @jamesshaw4683 ปีที่แล้ว

    Best of luck with this issue,I think you have been more than reasonable.

  • @cammit68
    @cammit68 ปีที่แล้ว +1

    Only recently started watching your videos, from what i have seen you did as much if not more than you were required to do, hope the judge sees it as clear as we do.

  • @markkelly9701
    @markkelly9701 ปีที่แล้ว

    All the best mate ,hope it works out for you ,from my experience all you can do is be open & honest like i think you are and hope for a decent outcome 🙏🙏🙏🙏🙏

  • @cartradediary6131
    @cartradediary6131 ปีที่แล้ว +1

    I’d say you did exactly what says in the consumers act and in line with the law and secondly although they were out of warranty and outside the 6 months cool off you offering to have a look at the car and fix it for them it’s basically more than could they asked. Also all them parts failing are classed as fair wear and tear, especially giving the age and the mileage of the vehicle and consumers act doesn’t apply to fair wear and tear, I’d say you have winning case here but as you said, the judges.. hope for the best! Also can you link the company you deal with for warranties as I think warrantywise are becoming a bit of a money wasting tool for me, cheers

    • @ShiftingMetal
      @ShiftingMetal  ปีที่แล้ว +1

      Thanks, find them here www.lawgistics.co.uk

  • @jdfreality
    @jdfreality ปีที่แล้ว

    His name escapes me at the moment. But the fella that runs the high Peak autos TH-cam channel made a point before about the different grades of people there are. He said, and I'm paraphrasing, that the type of people that buy cheaper low-cost, high mileage run down cars tend to be more troublesome. It's almost as if that they expect that they are entitled to a lifetime warranty or there will be absolutely no maintenance costs.
    The people that buy the more expensive cars tend to have a high degree of common sense and awareness about these issues.
    I'm not going to lie to you, I don't know the ins and outs of the legal system, there.
    But one would imagine that the courts have seen all of this before and that there is well established case law in this regard. All you can do is be as clear and coherent in explaining everything as you were in this video. Follow the legal advice you have been given and hope the judge sees it your way.
    I think they messed up looking for such high damages, perhaps they are hoping that you will get nervous and settle in advance or something. I cannot see how their financial claims don't get laughed out of court.
    If it were me, however I wouldn't make any more TH-cam videos on this case.
    Just my two cents.

  • @Richard_Prime
    @Richard_Prime ปีที่แล้ว +1

    Audi Q7s are incredibly problematic. What length of warranty did you give on it? Even managed to do 7k miles in it after they bought it!

  • @nickweatherill337
    @nickweatherill337 ปีที่แล้ว

    I had a similar experience to them in 2017 with a 2007 vauxhall astra Sri needed a new engine failed its mot when I bought it had loads of repairs under Warrenty then just outside warranty the head gasket went. I just scrapped the car and moved on only had it 6 months. I wouldn't be kicking up a fuss like that tho. I used it as a learning experience bought a seat and haven't had any issues other than minor bits in 5 years.

  • @germancarfan
    @germancarfan ปีที่แล้ว

    Sounds like you have gone beyond what is required legally anyway, best of luck with it hope you win!

  • @terryjones6504
    @terryjones6504 ปีที่แล้ว

    They all call car dealers and in the old days maybe rightly so, but the truth is now, you only learn off your customers. Hope the judge backs you.

  • @markpierce8674
    @markpierce8674 ปีที่แล้ว

    You can’t help everyone just tell the truth in court and you will win

  • @alanpotter3146
    @alanpotter3146 ปีที่แล้ว

    140k is not that great amount of miles on an engine like that.Things wil go wrong,thats cars these days,they are not built to last anymore,and when you buy a car like that you should expect to have some issues,saying that you have gone way beyond what you need to do to help this person out.Good luck in court.

  • @davidm3225
    @davidm3225 ปีที่แล้ว

    Let's hope common sense reigns on the day and you get a positive outcome. I wish I had a dealer like you near me; one who was honest, reasonable and approachable, I'd never shop anywhere else 👍

  • @Gazza-zg2tr
    @Gazza-zg2tr ปีที่แล้ว

    Your 100% right these people are taking the piss and trying it on.they have bought a secondhand car with 140000 miles they must be mental taking it this far,i cant see you loosing this case,the only thing you done wrong was retailing this car you should have sold it as seen with no warranty implied or given.

  • @billybattams-scott
    @billybattams-scott ปีที่แล้ว

    You can’t run a car like a Q7 on a budget. It’s an older car. Some people expect an as new car when they buy a secondhand car

  • @Lizzard-t
    @Lizzard-t ปีที่แล้ว

    Me as a consumer.you are not being unfair.
    If anything you are doing more than I would expect anyone to do.
    I hope the judiciary system sees sense and they give the right verdict.

  • @garyhockaday8022
    @garyhockaday8022 ปีที่แล้ว

    The age , mileage and price says it all . The previous owners have had the best of the car ! At that mileage. It’s obviously easy to see that particular car will be high maintenance… it’s that simple! What ? A 2007 Audi ..

  • @jasonwiggins7894
    @jasonwiggins7894 ปีที่แล้ว

    Joe.. When you get the Audi back to repair the preexisting fault it had, don't forget it's Gin he likes not wine👍(joke)

  • @Jmcg1959
    @Jmcg1959 ปีที่แล้ว +1

    I hope the judge sees this for what it is, they are taking the mick. Another you tuber who’s Chanel I watch and loves Range Rovers alway says if you are buying a high mileage luxury SUV make sure you have a few pounds put away for future repairs , and he is right. Good luck😀

  • @ChopsGarage
    @ChopsGarage ปีที่แล้ว

    I have been thinking about Lawgisitics for a bit

  • @davidperry6736
    @davidperry6736 ปีที่แล้ว

    you been more than fair hope turns out good for you good luck

  • @dominicnotarangelo9147
    @dominicnotarangelo9147 ปีที่แล้ว

    This should come to a test of what is reasonable. Look up "the Clapham Omnibus" and base your defence on your having been reasonable.

  • @johnhenderson1524
    @johnhenderson1524 10 หลายเดือนก่อน

    Could be valve stem oil seals

  • @broomad
    @broomad ปีที่แล้ว +1

    The customer will lose - it's a 15 years old car that was fit for purpose when sold and they have done 7000 miles with it subsequently passing an MOT.
    You also did what you promised and fixed the initial faults.
    The amount they are asking for is equally ridiculous.
    I am going to go out on a limb and say that the case will be thrown out.

  • @grumpychris
    @grumpychris ปีที่แล้ว

    Unfortunately I have found that there is no connection between the law and common sense and fair play. Good luck Matt, I would like to hear the outcome from the court hearing either way.

  • @mickdebrou4567
    @mickdebrou4567 ปีที่แล้ว

    You seem to be a very reasonable person, not the stereo typical "Arthur Daley" car dealer. Good luck with the case, I believe you are totally in the right on this one. PS I'd be very happy to buy a car from you! Haters out there I'm not friend of his!!

  • @johnrenton78
    @johnrenton78 ปีที่แล้ว

    I predict the result will be 1 nil to you. You have gone above and beyond your obligations. Sadly it's the same old tale, people buying flash for very little cash and then realising that they can't afford to maintain the vehicle. An old Q7 that's had a busy life is one motor i would avoid. Good luck but i don't think that you will need it.

  • @adamdavey3969
    @adamdavey3969 ปีที่แล้ว

    Do a follow up video on the results next month. Please would like to know how it goes.
    Plus u are definitely in the right

  • @everythingtechnew7400
    @everythingtechnew7400 ปีที่แล้ว

    I would have offered a full refund on the the grounds they return the vehicle at their own cost & the vehicle cosmetically is in the same condition ex reasonable wear & tear. Vehicle residuals have stayed more than strong enough to probably chuck it back through auction house & walk away without being upside down. There’s a very strong likelihood they would have declined this offer & would have stopped any further negotiations in its tracks. Your Honour I offered a full refund which was declined case dismissed.