Your opinion please - should I accept

slay

Member
Messages
409
Good evening fellow members of our beloved Granturismo

I have already posted this topic in a separate thread.

In summary, a well known SOR supercar dealer tried to screw me by understating the sale price of my MC Stradale by £2,000, even when I asked the dealer to see if they could negotiate with buyer for 1K more.

So long story short, the dealer came up with all sort of excuses after I found out about the sale price (because the new owner put the car up for sale), including the contract did not explicitly stated that the commission stated had excluded any other "expenses" - so they wanted to charge me 1. Detailing 2. Warranty and 3. transportation to take the car to the new owner... I was lost for words. This is like buying a new car and find out the car that you have purchased does not come with wheels and engine - because the sale contract has not explicitly stated that these are included.

So, I left a number of negative feedback/reviews on Trust Pilot and google, filed a small claim against this dealer.

They are now prepared to "settle" by paying the £2K they owe me plus cost, but the Tomlin Order I have been asked to sign is stating the following conditions:

  1. All further proceedings in this claim be stayed, except for the purpose of carrying out those terms into effect.
  2. Each party has liberty to apply as to carrying those terms into effect.
  3. There is no order as to costs.
  4. The Defendant will pay the settlement sum to the Claimant within 24 hours of the date of the Parties signing this agreement.
  5. Upon settlement the defendant shall remove all negative reviews or comments on any public platforms and will refrain from posting any negative feedback in the future.
  6. These settlement terms are entered into in connection with the compromise of the Compromised Claims and in the light of other considerations.
  7. They are not, and shall not be represented or construed by any party as an admission of liability or wrongdoing on the part of the Defendant in relation to the Claim. The Claimant accepts these terms in full and final settlement of this claim and these proceedings.

Well, I am just thinking whether or not I should accept it. Of course, getting the money they owe me is important, but should I agree to review the negative feedback/review ? Of course I was simply stating the faces (and with evidence) otherwise I would have been a defendant instead of claimant. Removing the negative comments makes it look like that I am the party admitting posting inappropriate comments and by by accepting this means I will not be able to post any negative comments about this dealer in the future.

On the one hand, accepting this would save me time dealing with this, and I guess there is nothing to gain for me to ruin the owner's business.

On the other hand, I don't see why I should remove the comments to warn other potential victims over the same tactics employed by this dealer.

I only decided to use them because they had a good collection of very expensive cars in the showroom, good feedback (now I know why) and they are in London (was going to use Richard but decided against it because of distance), obviously will never use this dealer ever again.

What is your view and opinion on this?
 

slay

Member
Messages
409
Forgot to highlight - yes I still have an MC Stradale, not sure why I even bothered selling it then - but I got sucked in because of the exposed carbon fibre bonnet, the yellow calliper, 3 years newer, more carbon fibres and only had 8500 miles. There you go, we don't always make rational decision when man math kicks in....
 

dgmx5

Member
Messages
1,142
Definitely accept the terms of the settlement. You have not named said SOR dealer on this forum so nothing needs to be removed here, although if they came looking it could be implied that you could work out who was being referred to.

As for public review websites and the risks of posting negative reviews, see:

 

Scaf

Member
Messages
6,583
Well I would take the money and edit the reviews.
I am sure it will be perfectly possible to tell your story honestly but not negatively and within the spirit of the agreement .......... if you see what what I mean ;)
 

jasst

Member
Messages
2,317
As has been said, what price do you place on your principles, This whole thing just makes a complete mockery of the review system, how can anyone who knows what goes on ever trust a company based on its reviews if they can just buy off the negative ones. If it was me and I was wealthy enough I would tell them to do one, the review stands.
 

keith.willey1

Junior Member
Messages
41
Take the money and am sure they will be very wary of pulling the same trick on somebody else. So you have a good chance of a personal and moral victory

Sent from my SM-G960F using Tapatalk
 

Sam McGoo

Member
Messages
1,773
It doesn't say you can't put neutral comments. I'd accept the deal, let the dust settle and write a neutral review with some carefully chosen words suggesting the point you wanna make.
 

slay

Member
Messages
409
Thanks all for the comments and your valuable insight, I guess I will take take all your advice and take (what was my) money and let it go then...

interesting no one recommended to go all the way ! I guess time is valuable to be wasted on this, even during this Covid period.
 

Doctor Houx

Member
Messages
792
interesting no one recommended to go all the way ! I guess time is valuable to be wasted on this, even during this Covid period.

As a commercial litigation lawyer with 26 years experience, if you were my client then I might say yes for the reasons in the attachment. People wanting to prove a point have given me a very comfortable lifestyle and some very nice cars!
82787
As a fellow forum member however, you should 100% take the money. The conditions are “Boilerplate” terms in these circumstances and entirely reasonable.
 

Felonious Crud

Administrator
Staff member
Messages
21,187
£2.50 and a pack of pork scratchings.

Have we met before...?

Take the money and leave a review in the style of every HR department in the country. "I used [garage] to sell my car in [month] 2020." Nothing more, nothing less. Says enough.

As the good Doctor H says, the lawyer always wins. Like casinos. But less of a fun process, maybe.
 

zagatoes30

Member
Messages
20,945
As above take the money there are too many rich lawyers, life is too short to dwell on the past learn and step forward
 

Oneball

Member
Messages
11,126
As a commercial litigation lawyer with 26 years experience, if you were my client then I might say yes for the reasons in the attachment. People wanting to prove a point have given me a very comfortable lifestyle and some very nice cars!
View attachment 82787
As a fellow forum member however, you should 100% take the money. The conditions are “Boilerplate” terms in these circumstances and entirely reasonable.

Your butt isn’t going to fit in that GT40 ;)