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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience:  Over 5 years in practice
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Dear Solicitors, I have recently sold a car (Vauxhall Zafira

Resolved Question:

Dear Solicitors, I have recently sold a car (Vauxhall Zafira with 39,000 miles) which I advertised in the Autotrader as having a full service history. I bought the car from a second hand dealership in 2010 (it was a 2007 car) and it had 2 stamps inside the books with regards XXXXX XXXXX When it was in my possession I also had the car serviced regularly and all the stamps etc were done at my local Vauxhall dealership. After I sold the car privately the new owner called and said that the 2 original stamps in the book when the car was sold to me cannot be verified by the dealership which we bought it from and therefore the buy wants his money back or he is taking me to court.

1) I can confirm that I sold the car in good faith.
2) Is it my problem whether the original 2 stamps in the car cannot be verified as that is how it was sold to me?

Please help. Looking forward to your reply. Thank you.
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.

How much did he pay for the car please?
Customer: replied 3 years ago.

£2840 in cash. We (my wife and I) did not sign anything with him. He paid cash and took the car.

 

I'm not sure if this point is relevant but I the buyer was trying to buy the car and do it up a little and sell it for a profit. Because he is having difficulty selling it he now wants his money back. I am sure of this.

 

When he came to our house, we told him to take the car for a spin, check everything etc. we did not pressure him in anyway. He was happy with everything and bought the car. I am also not sure what exactly the problem is, but he texts that the car dealership which sold me the car can't verify/prove the services on the car.. this was before we owned the car / how it was sold to us.

 

We never checked with the dealership when we bought the car whether the stamps/service were verified etc.. as we bought it from a dealership we assumed everything is ok and when it was in our possession we always had it serviced properly at a Vauxhall dealership with all stamps etc in place.. So it never occurred to us that maybe? the original 2 stamps cannot be proven? How were we supposed to know if that is the case which to be honest it might not be and he may just be saying it because he can't sell the car / is stuck with it??

 

I think he is assuming that we falsely advertised the car as full service history when the 2 original services cannot be proven.

Expert:  Jo C. replied 3 years ago.
It doesn't matter whether you knew or not.

Do the garage confirm the service stamps? Have you checked?
Customer: replied 3 years ago.

I'm going to call the garage now which sold us the car with the 2 original service stamps. What exactly should I ask them?


 

Expert:  Jo C. replied 3 years ago.
Well, there isn't really much point in doing that yet.

What you need to do is verify the service stamps. If you cannot do that then they do have a claim against you.

Ultimately, the fact that you didnt know that the service stamps were wrong is no defence. A misrepresentation can be innocent. They do not have to show that you did this dishonestly.

In fairness though, they will not get the full contract price back for this misrepresentation. It doesn't amount to a misrep of that severity. The most they would get is the diminution value between the price the vehicle would have been worth and the price they paid which will not be much.

You do have a claim against the garage that sold the vehicle to you though for a similar amount because you were the subject of that misrepresentation too.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Jo,


 


I just got off the phone with the dealership who advised that all their cars are sold with genuine stamps etc.. I am sure I could probably get that in writing too.


 


I also called the buyer and asked him what exactly is the problem. He says that he called the garages which stamped the first 2 services and they have no record of the service. The services were obviously done before the dealership sold the car to me.


 


The dealership offered to help authenticate the stamps once the buyer scans and emails the service book stamps to them.


 


What do you think?


 


Thanks.

Expert:  Jo C. replied 3 years ago.
If the stamps can be authenticated then there is no misrepresentation and no claim against you.

Its probably worth getting them to do that though just in case he does try.

He is trying to have you over so far though.
Customer: replied 3 years ago.

Jo,


 


If I get a letter from the dealership saying that the stamps are genuine when they left their premises, will that be enough? I think they are willing to produce a letter like that for me.


 


Thanks.

Expert:  Jo C. replied 3 years ago.
And they are the garage who are said to have done the services?

If so, yes it will. The seller is just trying his hand with you.
Customer: replied 3 years ago.

Hi Joe, below was the email sent to me by the dealership that sold me the car and my forwarding of the message to the buyer.. I think that should cover me so please read the car dealerships email below and let me know if you think that is enough to relieve me of any liability. Thanks again and looking forward to your reply.


 


Email from Car Dealership:


 


Hi Roi . I have just been in contact with Motability Operations who were the supplying agent for the Vauxhall Zafaria RY07YGH . Fox Garage Camberley  serviced the car Twice . Please ask for a lady called Candy on 01276 704600 . They are no longer Vauxhall dealers but they can confirm that the vehicle was supplied and serviced by them . I hope that all helps , but if you need any further assistance please call me , With Kind Regards XXXXX XXXXX


 


My email to Buyer:


 












Thank you Peter.

Sabri - please contact Candy as Peter suggested to confirm the services.

I trust this now resolves the problem.

Regards,

Roi










Expert:  Jo C. replied 3 years ago.
Yes that would cover you.
Jo C., Barrister
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