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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70403
Experience:  Over 5 years in practice
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Hi purchased a vehicle when asked mileage was told 52.000 it

Customer Question

Hi purchased a vehicle when asked mileage was told 52.000 it was a Sunday and he had a customer with him asked him to give me a ring which he did told me it had full service history and had been a ex demonstration car said I would buy it and part exchange my van got paperwork for for invoice the mileage said 66.000 told him this was wrong he said he had told me 58.000 they offered to put 50£in my tank okay needed car went to collect some 7days later all was well looked at service history and thir was agap between 37.000 and 66.000 did not do this till I got home rang up following day said he would look into it did not reply so asked for money back rang me later and said no where do I stand legally
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I'm really sorry but I can't tell from what you've written what he actually said that was incorrect?
Customer: replied 3 years ago.
Basically the service history for the vehicle. I purchased is incomplete. They said at the handover I was shown the service history which I did not look at I just trusted them. Now they say I am not entitled to have my money back.
Expert:  Jo C. replied 3 years ago.
Ok.

But what have they said that was incorrect?
Customer: replied 3 years ago.
The vehicle has not got. A full. Service history as. They. Stated so this has seriously devalued the vehicle
Expert:  Jo C. replied 3 years ago.
Yes, I understand that.

What I need to know is what they said that was incorrect?

Did they say that it did have a full service history?
Customer: replied 3 years ago.
Yes
Expert:  Jo C. replied 3 years ago.
Thanks.

How much did you pay for it?
Customer: replied 3 years ago.
£10.000
Expert:  Jo C. replied 3 years ago.
Thanks for the information.

Clearly this is a misrepresentation. If they told you that there was a full service history and there is not then that certainly would amount to a misrepresentation.

The question is what is the remedy open to you. Misrepresentation does generally attract rescission of the contract so you could sue them for a full refund. Sometimes the Court will only order the diminution value between the amount the car would have been worth and the price you paid for it although that does, on the whole, involve purchases that were much older than yours. Courts do not like to upset contracts if it can be at all avoided.

Either way though, you are entitled to something. If they will not make an offer then you will have to sue. You can do so here

www.moneyclaim.gov.uk

But send them a letter before action making clear that you will sue within 28 days if they do not pay. Maybe they will make an offer. Maybe not but the fact that you have done this will protect you from costs at court.

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

Jo
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Here is the letter sent as requested detailing that we are not entitled to any compensation or a full refund for the vehicle. Could please what my next steps should be from here.


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

Clearly they are saying they didn't advertise it as having a full service history.

A representation can be an oral one rather than a written one but obviously its harder to prove.

This will come down to whether or not a court accepts that this representation was made.