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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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Hello I bought a car recently from Bristol Street Motors and

Customer Question

Hello
I bought a car recently from Bristol Street Motors and was told it only had one owner from new. It turns out it had 5. Can I return it for a refund or replacement car
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How long ago did you purchase and whats the condition of the car?
Customer: replied 3 years ago.

We purchased the car on the 28th June 2014. It is a jaguar estate diesel 2005 from Bristol Street Motors Exeter. Purchase price £5,995. It is a used car sold with M.O.T. and full service. It was sold to me by Martin Green (Business/Finance Manager) who said it was one owner from new. The car was registered in my son in law (to be's name and finance arranged in his name too) When the log book came through it said there were 5 previous owners. The car almost straight away had problems with losing power and we returned the car to them on the 15th August. I told them straight away that I wasn't happy with being told about the one owner. This has been mentioned to the more than once. The car is still in the garage and has been sent back to Jaguar where they cant find anything wrong. My daughter was told they wanted to keep the car for 'extended' road tests. I have just rung to be told that if I want it back I can get it but said that I didnt want it back but a similar replacement vehicle.

Expert:  Jo C. replied 3 years ago.
Thanks.
This certainly is a misrepresentation. Five owners is not the same as one. Whether this was innocent or not makes no difference.
The question is what remedy is appropriate. You have not had the vehicle all that long. There is a good chance that you could get a full refund for that reason.
The other alternative though is the diminution value between the value of the car and the price you paid for it. That is a risk but given the level of this misrepresentation and the short space of time I think a full refund is likely.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

I dont have any written proof. Does this matter? I have just rung the garage and told them and they are ringing me back.

Expert:  Jo C. replied 3 years ago.
Do they deny saying it?
Customer: replied 3 years ago.
No, not at this moment!
Expert:  Jo C. replied 3 years ago.
It is generally easier to prove if they have committed it to writing.
However, the fact that its not in writing doesn't mean its not a misrepresentation. Just that its harder to prove.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
I can't prove it. They are trying to help and have told them because of the type if fault I don't want the car back. They are trying to find a replacement.
Expert:  Jo C. replied 3 years ago.
You can give evidence on the point. They can deny it and the court will believe whoever is preferred.