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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Hi There Hope you can help me. I bought a car 3 weeks ago

Customer Question

Hi There

Hope you can help me. I bought a car 3 weeks ago at a dealer. Everything seemed fine on the day. When I got home the problems start. There is a big problem with the gearbox and the car overheat. I phoned them the same day and they said that I must drive it and let them know. The biggest problem start when I putt all my papers in the glove box and find a receipt from where they bought the car a few days earlier. On the receipt it says that the car only had 3 services done. But I bought the car with a full service history. I then compared the service history mileage and the Mot record mileage and it seems like someone tampered with the service record. For an example the mot was done in March 2010 and the mileage was 32000. A service was done as in the service book in 2011 with the mileage 29000. I tried tom contact them several times but they keep ignoring me. I did send out a letter a week ago that state I give them 7 days to sort everything out or I will get legal advice. I still haven’t heard anything from them. I don’t want this car anymore because I bought it for the service record for my pregnant wife. I can’t take a chance with this car and with my wife pregnant. I will never be able to sell the car with a tampered service book.

All I want to know if I have a strong case to get my money back?

Thanks
Ralph
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Remus2004 : Hi.
Remus2004 : thanks for your question?
JACUSTOMER-nnuwp69y- :

Hi. Thanks for helping me

Remus2004 : Are you ok?
Remus2004 : can you respond?
JACUSTOMER-nnuwp69y- :

Ya good thanks. how are you?

Remus2004 : I can't view your responses on the ipad for some reason. I will convert this to q and a if you give me a second?
JACUSTOMER-nnuwp69y- :

Thank you

Customer: replied 3 years ago.


Hi. You there?

Customer: replied 3 years ago.

Did you leave me an answer?


 

Expert:  Jo C. replied 3 years ago.
No, I'm back in now! I don't know what happened there.

What does the dealer say about this? What will he offer?
Customer: replied 3 years ago.


He offers me to fix the gearbox. Thats it. He now said that he told me that tehre were only 3 services one. I then told him but why is there 7 services in the book. He havent answer me and I dont think he will. It feels like he hope I just except it.

Expert:  Jo C. replied 3 years ago.
Thanks.

You do have a claim against him in misrepresentation. Of course, he might not have been to blame for the clocking but a misrepresentation can be innocent.

In principle, you have a claim for a full refund and rescission of the contract. The risk is that a court might say that is disproportionate and award you instead damages for the diminution value between the price the car would have been worth and the price it is now worth.

In terms of the service history, cars are regularly so,d with no service history. What it means is that you cannot sell at such a high price. In principle, you do have a claim for that difference as well if a court will not allow an immediate refund. You need to make efforts to sell it though and gather the average offer. Its one thing to say to a court that you believe it would not sell and another to be able to prove that you have tried to sell and cannot. The latter will better prepare you.

Unless this is a very expensive car, the dealer may well cave in and settle anyway as he might not want to explain why its been clocked.

Also, you can complain to trading standards about this.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

So basically I can take this further and have a strong case to get a refund. Or they will give me the difference for what I sell it for? If I try to sell it someone else will have the same problem then? I mean then I will be the bad one selling it to them?

Expert:  Jo C. replied 3 years ago.
No, you have a chance of a refund and a strong case for damages of the diminution value between the price it would have been worth and the one you had to sell it for.

If this was a dealership sale then obviously it will have declined in value just in that you drove it from the forecourt. Thats not to do with the misrepresentation per se.
Customer: replied 3 years ago.

Thank you. One last question. what about the legal cost? Will they pay it?


 


So to go further I need to get a Solicitor? maybe there is a chance that they will back out before any court dates?


Can you represent me or are you only online?


 


thanks


Ralph

Expert:  Jo C. replied 3 years ago.
Whats the value of the car roughly?

What did you pay for it?
Customer: replied 3 years ago.

I payed £2350. Value is about £2000.


 


Thanks

Expert:  Jo C. replied 3 years ago.
Legal costs will be fixed as this is a small claims court sum even at the full value of the car.

There isn't really much point in using a solicitor as you will only able to recover £50 for their work plus about £35 in court costs. You can self represent anyway.
Customer: replied 3 years ago.

Sorry for all the questions but if I get a solicitor and win the case they will not pay for everything only £50 and £35? is that correct? So its better to go to the small clains court?


 


Thanks again


R

Expert:  Jo C. replied 3 years ago.
You can only go to the small claims court with this.

Yes, thats right about costs. You can make an application for the actual charges of a solicitor but you are unlikely to get it. Its a very high test at the small claims court for costs.

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