Agrieved!

pablo21

A neighbour of mine is being put out of business by the company that supplied his truck (indirectly). They have essentially washed their hands of the vehicle now that its out of warranty! The vehicle has been off the road 80 days since 2008 costing him in excess of €90,000. I've read the consumer protection act but its not definitive around Commercial applications i.e. you are not a cosumer if the product or service is for Commercial purposes? Anyone have any experience of this??

<snip> website link removed as it may be considered libel. dudara </snip>

jor el

Consumer protection does not apply to commercial or business purchases. He will need to resolve this using a solicitor and the courts.

pablo21

And is there no legal protection to ensure the product was able to do what they said it would do? It cost him €165,000. Surely there must be some protection?

jimoc

pablo21 wrote: »

And is there no legal protection to ensure the product was able to do what they said it would do? It cost him €165,000. Surely there must be some protection?

Yes there is, its called the courts.
The reason that consumer law only protects consumers is that it is assumed that a commercial operation would take matters like this to the courts due to the amounts involved whereas a consumer cant afford to do this.

From the brief glance I gave his site though, it looks as if he has a sound case, since the problems existed before the warranty period expired and were not resolved in a satisfactory fashion.

Sponge Bob

Nope, consumer law does not apply to commercial purchases full stop period and end of in no particular order. He must go legal on the suppliers ass and it looks like the High Court given that it exceeds €30k in damages ( plus consequentials)

He can try the cheap High Court route, judicial review ordering a repair forthwith.

dudara

I've removed that website link as it may be considered libel.

In addition, I'd strongly recommend to you friend that he also take down the website. He could face legal action for libel and it could damage his chances of reparation via the Courts.

Cabaal

I saw the website too, he very well may have a case but having that website up won't do any good for his case and could actually cause a counter-claim for libel if the company becomes aware of it.

Yes he's likely very pissed off but he should go the right way around it,

pablo21

I think the desired response is that they see sense and talk to him. I mentioned the libe thing to him be he assured me the only info on the site was the fault log of the vehicle which is fact. But of course, I'm not a solicitor. terrible situation though.

Oryx

pablo21 wrote: »

I think the desired response is that they see sense and talk to him. I mentioned the libe thing to him be he assured me the only info on the site was the fault log of the vehicle which is fact. But of course, I'm not a solicitor. terrible situation though.

The desired response is that he get legal advice if he hasnt already. Dealing with that kind of money, Id be surprised if he hasnt.

pablo21

Ah I agree. I used to be a dealer principle myself and based on the history of fails its incredible they have let it go so far. A dealer is measured on Time off Road and Repeat fails. They really havent a leg to stand on. This chaps family have been buying off them for 35 years!