Breach Of Contract

[wynn]

This faulty new motorcycle thread is pretty closely related. And there is something that is niggling in my mind with both of them.

First, we've got the complication of asset finance - and banks are awfully good about covering their own asses in these things. Somebody's going to lose money on the finance cancellation if it comes to that, and I'm pretty sure it won't be the bank.

Second, the motor industry has set up its own organisation to handle CPA disputes. I have a sneaky suspicion they'll be trying to get the dealer out of this a lot easier than a generic CPA process would have done. (I trust we can still appeal to higher authorities if that's the case )

Third, we sign an awful lot of paperwork when we buy these things - and I vaguely recall there being some "in the event of..." CPA related clauses in the last lot I signed that kinda steered resolutions in a particular direction. I didn't pay much mind to it as our turnover precludes us (the company) from CPA protection, but I vaguely recall that "we elected to allow the supplier to repair as our first preference in the event of being supplied faulty goods", or something along those lines.

Just not sure whether it was in with the finance agreement or the supplier documentation.

Dave isn't it time we instigated an SMS and email storm on suppliers like these two? You know like happened on BW a few years back. Provided the details are correct and the supplier is trying to pull a fast one.

You PM or call the the complaining member check if all is 'Kosher' and then as the administrator give us the cell numbers and email addresses of the manager of the offending dealer and leave the rest to us. We members only respond to numbers and email addresses posted by Admin.

Imagine a manager or business owner getting hundreds maybe thousands of SMS's and emails telling them that we are aware of the shitty service they are giving Mr XXX one of our members and we will never deal with them and will reccomend none of our aquaintances deal with them either unless they sort out the problem to the satisfaction of Mr XXX


The power of the 99%

[Blurock]

Dave A that sounds a lot better than 16k, i also have a sneaky feeling that these guys help keep the dealerships out of trouble and they get a cut from it!

It troubles me that even if a lawyer can Bul$!# a magistrate with some technical point, it is still regarded as a fair trial. This is regardless if the complainant has a justified case and the defendant is a rogue with a previous record. It often happens where a corporate institution can afford legal counsel and the small guy can not.

Does this mean that Justice is a prostitute? If you can afford her you're OK, but if you can not....

[Dave A]

It troubles me that even if a lawyer can Bul$!# a magistrate with some technical point, it is still regarded as a fair trial.

The magistrate has to consider the evidence and arguments presented. Can you blame the magistrate if one or other party fails to present some aspect of their case?

[sterne.law@gmail.com]

The magistrate has to consider the evidence and arguments presented. Can you blame the magistrate if one or other party fails to present some aspect of their case?

Indeed. The side that prepares best and presents best wins! Of course, money and resources often dictate who gets the better shot an this is why it appears that the "victim" loses because of a biased magistrate.
Unfortunately, the truth does not always win and justice does not prevail because of the disparity in power.