Talk Morgan Forums Community The Malvern Arms Conclusion to the Speed six Bentley case

Caveat emptor

Or better still: Be afraid, be very afraid!

And...when all this legal stuff is over...the car for sure has a "new and interesting history" and being pretty well known around the world - mission accomplished

And re-sold for 250k more than he got from the complainant...

Cant help but wonder if this will open the flood gates for crooked dealers thinking are they going to be being able to get away with it . Its the old question when is an original not an original , who ever is spending the cash needs to do one hell of a lot of research and a lot of asking questions to a lot of people .

I guess it's only a problem if you are buying as an investment. If you want the car, and you're happy to pay the price, what does it matter what the rest of the world thinks it's worth?

The problems we have now with the housing market are largely because people stopped seeing them as somewhere to live and instead saw them as a money-making vehicle, and there's a danger of making the same mistake with cars.

Cars should be bought to be driven. Anything else is a denial of their rights...

As far as I can tell, this was never sold as a "original Speed 6 with matching numbers". Had it been, the seller would have lost.

The language used was IMHO correct, the difficulty arouse because the buyer was not versed in car ways and placed upon the car, a misinterpretation of what was said.

You never, ever get a bargain from a dealer as it would mean they don't know their stock in trade - but with care, you might pay a fair price.

Bear in mind, we're talking here of a car that is the value of a house - would you buy a house without solicitors searches and surveys?

You do occasionally see an advert for a car in this bracket that has impeccable history and matching numbers, such cars tend to sold at auction and go for way above the price that might be paid for an average car.

I don't think the judgement changes much to be honest, this was never a case of selling a school of Renoir picture as a Renoir.

For masochists like me who actually enjoy reading all the sort of stuff - the original judgement can be read in full here:

Brewer v Mann & Ors (14-Oct-2010)

and the full appeal hearing here:

Brewer v Mann & Ors (07-Mar-2011) ... and good luck!

To my mind, the most sensible comment on the whole affair is the very last paragraph of the appeal transcript...

We would also express our regret, even if in so doing we are ignorant of everything there might be to know about the course of these proceedings, that the parties did not manage to settle their disputes without litigation, or at least prior to trial.

The sums at issue were not large, at any rate when once the car had been bought back by SMRL, something which Mr Mann had offered from an early stage.

In these circumstances it seems a shame that the parties could not have found for themselves a solution which sufficiently satisfied them all, so as to avoid much trouble, distress and risk. Litigation of this kind is or ought to be a matter of last resort.


~iw

You seem to forget these people are not drivers they have a large amount of capital and their idea is to turn it into more . You or I would enjoy the Speed Six they enjoy the showing it off to like minded friends . I like the last bit Anything else is a denial of their rights . I did not know cars had rights . I have heard of Human rights . Does this mean they can pay for their own patrol if so Im game.

This buyer didn't have a large amount of capital, she bought the entire car on HP. It was eventually repossessed by the finance company because she couldn't keep up the payments. You're right though, she never drove it. Her husband did all the driving even though it wasn't insured for him.

I've read the entire transcript now and find it fascinating. The biggest villain seems to be the original judge; the appeal court are very scathing about him, particularly his lack of impartiality.

Of course this may not be the end. This successful appeal just nullifies the original judgement, there would need to be a retrial to settle the matter.

This is almost as good as Rumpole!

~iw

I wrote these people , not this person sounds like a case of Fur Bentley no knickers .
She did look a hard faced women and was a lawyer maybe she knew the judge but I doubt it. Still two sides to a story and I find them both not playing the game.

This buyer didn't have a large amount of capital, she bought the entire car on HP. It was eventually repossessed by the finance company because she couldn't keep up the payments. You're right though, she never drove it. Her husband did all the driving even though it wasn't insured for him.

I've read the entire transcript now and find it fascinating. The biggest villain seems to be the original judge; the appeal court are very scathing about him, particularly his lack of impartiality.

Of course this may not be the end. This successful appeal just nullifies the original judgement, there would need to be a retrial to settle the matter.

This is almost as good as Rumpole!

~iw


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