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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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On the 18th oct 2014 I, purchased a Range Rover Vogue SE with

Resolved Question:

On the 18th oct 2014 I, purchased a Range Rover Vogue SE with a Full RR ULTIMATE BODY KIT AND WHEELS. (As described in there advert) It also stated that the car had a full service history. All indicated in bold.
Further down in the ad it states that it has 20” Range Rover Ultimate alloys with the new 2013 centre caps. It states that the exterior and interior are to the 2012 ultimate model specification.
Upon collecting the car the seller verbally assured me that the wheels and body kit were genuine and I had no reason to disbelieve them.
After owning the car for 3 weeks It started to develop faults, one being the fuel gauge. Which was erratic and some times not reading at all. The fuel-burning heater didn’t work from day one and I decided to put it into a local independent specialist.
His report showed that the fuel gauge needed a repair and that the fuel burning heater could be at fault but would need the sender unit repairing before he could test it.
He also reported that the supposed range rover ultimate wheels were non genuine.
I also have found that the car does not have a full service history and in fact a whole year is missing for 2012.
After speaking with them on the phone it was quite clear that nothing would be done. They stated that as far as they believed that the wheels were genuine and proceeded to put the phone down.
The question I have is where do I stand legally with this and what steps should I take?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
This is a dealer sale I presume?
Customer: replied 2 years ago.

Yes, generator power services ltd, trading as vogue 4x4.

Expert:  Jo C. replied 2 years ago.
What will the cost of the repair be ?
Customer: replied 2 years ago.

I had a quote from land rover saying that the wheels will cost £2538 plus vat for genuine items, if they can get them. As for the other issues, i don't know. Maybe a few hundred, maybe more. As for the service record, this affects the resale value when i come to sell it. Thats an unknown.

Many thanks, ***** *****

Expert:  Jo C. replied 2 years ago.
Ok. Thanks.
What was the cost of the vehicle?
Customer: replied 2 years ago.

Morning, The car cost £30000. £10000 of which was my old car in part exchange.

Steve

Expert:  Jo C. replied 2 years ago.
Thanks.
I will look at this now.
Expert:  Jo C. replied 2 years ago.
You have had the car over a month so you have lost the right to reject it for a full refund. However I wouldn't be too concerned about that because even if you are entitled to a full refund (for substantial faults) actually getting the money out of the dealer and being entitled to it are 2 different things. Dealers rarely refund even when they are liable to do so.
The seller is in breach of the Sale of Goods Act in that the goods are not as described and not of satisfactory quality. They are probably also in breach of the Misrepresentation Act.
Your remedy is damages (compensation).
It is unlikely that if this went to court, the court would order you to be put back in the position with your old car and a refund. You would be entitled to the monetary value between what you thought you were getting and what you now have.
Assuming that you get some concrete proof in writing that these are not genuine wheels, they are nonetheless wheels and they have a value. It may not be that they have £2500 of value but they certainly have value. Your loss therefore is the difference between the value of these wheels and the cost of the genuine wheels both on a second-hand basis because these wheels are not new after all.
The lack of service history is extremely difficult to quantify with regard to the value that could be placed on it and just as with the wheels you are going to need something in writing which states what the difference is, you are going to need something in writing from a dealer which says how much the vehicle would be worth with the complete history and how much it is worth with 12 months missing. Please bear in mind that there may not actually be anything missing, this may be a full history if in actual fact, they didn't do any work on the vehicle in that 12 months.
Steps you take are: to get written reports in respect of the wheels and the value in respect of the missing year.
Armed with that you then asked the dealer to refund the difference failing which you will take them to court.
You can of course take them to court to exchange the vehicle and put you back in the position that you were before but I think that has a very slim chance of succeeding and if it doesn't succeed you would have to pay the seller's legal costs which could be easily £10,000 or more.
If however you are only suing the seller for the difference between what the vehicle is worth with the wrong wheels and with the missing service history and what it would be worth with all that, it's going to be well under £10,000, it will be Small Claims Court, and even if you lost for any reason, the seller will not get costs awarded against you even if they have solicitors.
Can I clarify anything for you?
Jo
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