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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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My husband and I have just purchased a used car. It was

Resolved Question:

My husband and I have just purchased a used car. It was advertised by the dealership (I have a printout from their website) as having a service history and having two keys. We were also told when viewing the car that it had two previous owners and, as it is only eighteen months old, was still covered by the manufacturers warranty for another eighteen months. We paid a deposit of £1000 on the 14th September and paid the balance of £9800 by bank transfer on 30th September.
Upon collecting the car on the 1st October we were only given one key and when we queried this were told that it had been advertised as only having one key. We didn't have the printout of the
advertisement with us to dispute this. We also found that it had no service book, just a receipt from the dealer for a service that they had done on 17th August. Because of the lack of proper service history it is not covered by the manufacturers warranty. When we received the V5C document from the DVLA yesterday we found that the car has had three previous owners before us not two as we were told.
The missing key has cost us £180 pounds to replace plus the cost of travel and I believe that the car is worth less than we paid due to the lack of service history, lack of warranty and the number of previous owners.
I would like advice on where I stand legally and, if I have the right to any form of redress, what to put in a letter or email to the car dealership. Would I be within my rights to request a refund to cover the cost of the replacement key, a warranty and a sum to compensate for the lack of a proper service history?
Thank you
Submitted: 11 months ago.
Category: Law
Expert:  Jamie-Law replied 11 months ago.

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

What is it you want to achieve please?

Expert:  Jamie-Law replied 11 months ago.

What would the cost be of these replacement items?

Customer: replied 11 months ago.
Hi
I would like the car dealership to at least pay for the cost of the replacement key (£180) and a warranty for the car (£350). I'm not sure how I would calculate a price for the lack of service history or the incorrect number of previous owners if indeed that is possible.
Expert:  Jamie-Law replied 11 months ago.

You need to write and set out your losses and request a refund of those 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 refund 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.

Loss of service history you would need to compare 2 cars which are the same as yours. One with and one without. It would be loss of value in this regards.

Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
Does it matter that I don't have written evidence of what the salesman said about the warranty and previous owners? All I have is a printout of the original advertisement from their website which refers to service history and two keys. Also, should I send the letter to the branch of the car dealership that we purchased from or their head office?
Expert:  Jamie-Law replied 11 months ago.

No it does not. You have some evidence which is verbal and website.

Does that clarify?

Customer: replied 11 months ago.
Should I send the letter to the branch of the car dealership that we purchased from or their head office?
Expert:  Jamie-Law replied 11 months ago.

The branch you purchased it. If you do not get joy from that, then try head office.

Does that clarify?

Customer: replied 11 months ago.
Thank you for your help
Expert:  Jamie-Law replied 11 months ago.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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