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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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I recently bought a £15000 BMW from a car dealer. The car

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I recently bought a £15000 BMW from a car dealer. The car was advertised as having Full BMW Service History. Upon inspection, it was revealed that the cars history was missing. I suggested that for the warranty I wanted to take out that the car required full history, so long as it was performed by a VAT registered company. I left a deposit and waited for them to confirm that they had recovered the history. On being told they had everything, I went a paid for the vehicle on the 9/9/16 and without thoroughly checking the available history, took the dealers word that it was all present and ok. I have since realized that the car has history missing and have had it confirmed by BMW that it does not in fact constitute FULL history as per manufacturer guidelines. I spoke with the garage and they have been awkward about the whole situation. I wish to reject the vehicle as not as described and not fit for the purpose of the warranty I explicitly told them I wanted to take out. The car is also devalued by the fact it does not have the recommended servicing. Although I said I would accept service receipts from any mechanic so long as they are VAT registered, I never implied that sub par history was acceptable, assuming that the original ad for Full BMW history would just become Full History as per manufacturers guidelines. Do I have a right to reject the vehicle as it has been less than 30 days since purchase?
Submitted: 8 months ago.
Category: Law
Expert:  Jamie-Law replied 8 months ago.

Hello my name is ***** ***** I will help you with this.

What is the difference in value between a full service BMW and the one you have please?

Customer: replied 8 months ago.
Based on online data and a recent survey conducted by KwikFit, up to 25% less for a vehicle without full history.
Expert:  Jamie-Law replied 8 months ago.

Ok. In reality you wont be able to reject the car on the basis of the history of the car.

This is breach of contract because of false representation but that does not mean you can reject it.

You are entitled to loss of value, but not to return the car, because the car is working.

You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 8 months ago.
If you could confirm for me, even though the car is not as described, I cannot reject it?
Customer: replied 8 months ago.
Even under the Consumer Rights Act?
Expert:  Jamie-Law replied 8 months ago.

Correct. But in terms of cars the Court will look at the substantive element of the claim.

Does the car drive, does it work - the answer is yes. So its not a fundamental breach.

The breach here is the service history - you can get compensated for that by the difference in value.

It is very unlikely indeed a Court would agree and allow you to reject the car in total because it does not have the full service history

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you?

Customer: replied 8 months ago.
Thank you for your answer. I appreciate the honesty and will pursue some compensation as you suggest.Thank you
Expert:  Jamie-Law replied 8 months ago.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3267
Experience: Solicitor
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