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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45347
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a car and was promised full car service history.

Customer Question

Hi
I bought a car and was promised full car service history. This was also advertised online which i have evidence of. 7 day on i have received nothing. I have been chasing so now as i am within my 30 day rights of the Consumer Rights Act 2015 i have exercised my short term right to reject the car and have asked for a full refund back from the dealer.If the dealer does not respond to me what I my options?
Regards
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How did you pay for the car please?
Customer: replied 10 months ago.
Hi Ben,I paid via debit card. I part exchanged my car. Total was 12,500. I paid 11,500 as they took my vehicle for 1000.00
Customer: replied 10 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
Hi Ben, I'm happy to continue via this method are you still there
Expert:  Ben Jones replied 10 months ago.
Thank you. As you paid by debit card you would not get the usual protection under the consumer Credit Act which makes the credit card company jointly responsible so you will have to pursue the dealer directly. You are correct that you have a 30 day cancellation period and can ask for a refund if the item you bought is not as described so you can pursue them for your money back. Ideally, you would want them to accept the car back and issue a refund but we know that in reality that does not always happen and some retailers do not always adhere to what is expected of them. If they were to refuse to issue you with a refund then you can consider taking the matter to the county court for resolution. As the amount is more then £10k you cannot go to the small claims court so it will have to go up to the next level, which will likely be the fast track of the County Court. Obviously court should be used as a last resort but it is there if you need it.. This is your basic legal position. I have more detailed advice for you in terms of the procedure you need to follow to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45347
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thanks for that. Just to clarify i paid by debit card will i still be covered. Also the mileage quoted online and on the actual invoice was 58,000 yet the MOT certificate that I have states 58,745. So they have misrepresented that also?If an online advert states full service history it's my right to receive it which I haven't or at least if not a refund a reduction in price. Would i need to pursue this via a solicitor now
Customer: replied 10 months ago.
That's ok i hope you can answer my second question
Customer: replied 10 months ago.
Furthermore is it legally binding as i have sent my 30 day right to reject that i have to surrender that car if they agree to a refund or can I pull out and change my mind if i wanted to
Customer: replied 10 months ago.
Are you still there Ben
Expert:  Ben Jones replied 10 months ago.
Hello sorry I got disconnected. As far as the next steps go whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Expert:  Ben Jones replied 10 months ago.
The mileage is not a big issue. It's 700 miles off on a 58,000 mile car so not much different, it it was 7000 miles off then that would be another story. As you paid by debit card you cannot go through the bank but are still able to go to court if necessary.
Customer: replied 10 months ago.
That's great Ben thank you. Finally is it legally binding that I have to surrender the car now that I've sent the letter?Regards
Customer: replied 10 months ago.
My last question is if the dealer now sends the full history (after he's in receipt of my 30 day letter) am I still liable to pursue for a refund as in theory I've sent the letter before he's sent the history?. (As an example)
Expert:  Ben Jones replied 10 months ago.
Do you want to keep the car if you have the full history
Customer: replied 10 months ago.
Perhaps but the service and customer experience was horrid therfore I may just want to return it if it's not legally binding?
Expert:  Ben Jones replied 10 months ago.
the issue here would be that you may reject the car and ask for a refund as per your legal rights but they can just issue the service history and say you have everything that was promised now so we will not refund you. Technically, you have already rejected the car and they should refund you but if they refuse to you cannot force them to issue a refund and will have to go to court to get your money back so it is then a mater of whether you want to risk it and go that far to get a refund on grounds of principle rather than because you have not receive what was promised
Customer: replied 10 months ago.
Ben thanks ever so much you've been extremely helpful.
Expert:  Ben Jones replied 10 months ago.
You are most welcome, all the best
Customer: replied 10 months ago.
Hi Ben,Apologies to disturb you but was going to mention that when I test drove the car it seemed ok and as you know i have no formalized documentation of Service History, however the car is now flashing as "Service Required". If you were me would you actually get the car serviced to see what other faults it may have to support my claim further or would you do nothing and wait until I hear back from them? have done my research and found that as the car is a porsche boxter 2007 model, it will require at least 3 lots of service history as this is every two years that this model would require starting i.e 2009, 2011, 2014 and Jan 2016. My concern is they would have known perhaps that it needed service now yet said nothing or at least reduced the card value as this will cost me, as it clearly requires service now. Would the flashing service be also be grounds for further support with this and would you service it now if you were me or leave it? Kind regards
Expert:  Ben Jones replied 10 months ago.
Hi, the fact that there is a requirement for service does not mean that there is anything wrong with it - it could just be routine service reminder. Obviously if they had claimed that it has just been serviced and that was not done and now you are being prompted to service it, that would be a form of misrepresentation. However, if it was just routine service that would not necessarily be an issue. Also you may find that some bits may need doing at the servcie - after all this is a 9 year old car so you would not expect it to be fault-free but it depends on how serious it is and whether any claims were made that there were no such faults
Customer: replied 10 months ago.
Yes I understand I agree but would full service not command it to include the January 2016 Service? Where it's flashing now. The dealer sent me a screen shot showing service of 2011 and Jan 2014 which by the way doesn't mean anything neither does it confirm where that's come from or for which vehicle it relates to but if I do end up receiving for 2009, Nov 2011 and Jan 2014 (assuming it missed 2013) would they have required to provide the 2016 one as he's stating via a screen shot it was last completed Jan 2014 I see this as partial, some or albeit none at the moment. I'm just thinking even if he could provide 3 lots that's still not full history as in theory the car would have flashed in Jan 2016. Rather than now which concerns me further. Regards
Expert:  Ben Jones replied 10 months ago.
FSH is understood to mean that the car has been serviced on time and in line with manufacturer's instructions so if a specific service was due before the car was sold but was not carried out you could indeed argue that it was not full service history as the latest service, due before yo bought the car, had not been performed.
Customer: replied 10 months ago.
Absolutely I agree. I guess the only thing that I didn't also mention in the letter I sent him regarding my 30 day right go reject was also a reduction in price as regardless this car clearly doesn't have fill service history and the Jan16 one is now flashing before the car was sold to me. I also forgot to include my address in the letter I sent him is that ok? Also the letter has definitely been signed for as I have checked online but unsure by whom so my concern is he could argue he didn't receive the letter?
Customer: replied 10 months ago.
He does have my full address from his invoice receipt for the car has it all.
Expert:  Ben Jones replied 10 months ago.
No problem about the address and it has been signed so it would indeed be difficult for them to argue it has not been received
Customer: replied 10 months ago.
Thanks do you act on clients behalf if I wanted to appoint you if required or is the service restricted to online only? Regards
Expert:  Ben Jones replied 10 months ago.
I am afraid it is online only - I cannot accept clients via this site
Customer: replied 10 months ago.
Thanks Ben
Expert:  Ben Jones replied 10 months ago.
You are welcome

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