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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70699
Experience:  Over 5 years in practice
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I paid for a car which I was told false information about

Resolved Question:

I paid for a car which I was told false information about
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

How can I help with this please?

Customer: replied 6 months ago.
I found a car for my daughter on Evans Halshaw website so I went to the show room to arrange for it to be brought down from Leeds. I asked specifically if the car had one previous owner and full service history. I was assured 3 times that it had one previous owner along with full service history, two keys and car mats. I was satisfied so I paid £200. When I went to view the car, they told me that the service history for some reason had not come down with the car. They said that this could be resolved easily as the history is accessible on the computer. I paid the remaining balance of £12,074. They gave me a blank duplicate service book and stamped the service which was done previous at an Evans Halshaw garage. They said they were awaiting Audi to email over the service history from their garage. I received this via email a week later to which I then was told that Evans Halshaw were not allowed to stamp on behalf of Audi. These two service's were done in 2016 and 2017 which means I am still missing 2014 and 2015 service history. I received the log book around 10 days after the purchase which originally got sent to the wrong address. The log book showed the car had two previous owners, not one like I was told. I contacted the showroom and explained along with the fact that the car had not come with car mats. The manager said they would reimburse me for the car mats I bought and he apologised about the information I was told and explained that my salesman was still in training. He offered a free service as good will which I declined and explained I would like a full refund or the vehicle which I agreed to buy (one owner, full service history). He said he would have to contact his manager and get back to me. I waited four days with no reply, so I contacted them again today 01/06/2017 to be told that there was nothing they could do about it.
Expert:  Jo C. replied 6 months ago.

Thanks. What is the specific false information?

Customer: replied 6 months ago.
I was told the car had one previous owner & full service history which was why I bought it. When in actual fact it has 2 previous owners and no full service history
Expert:  Jo C. replied 6 months ago.

OK. Are there faults with the vehicle?

Customer: replied 6 months ago.
No, just no service history & also came with no car mats.
Expert:  Jo C. replied 6 months ago.

Sorry for the delay. This dropped off my question list.

Do you still need help?

Customer: replied 6 months ago.
please
Expert:  Jo C. replied 6 months ago.

OK.

You do have a claim in misrepresentation.

Expert:  Jo C. replied 6 months ago.

The reality though is that, although you do have a claim in principle for a full refund, you would probably only get the diminution value between the sum it would have been worth if the truth had been known and the sum you paid.

Generally speaking courts try to save contracts where ever possible.

Expert:  Jo C. replied 6 months ago.

However, if you paid an additional price for a car that you thought had been serviced then you are entitled the diminution value.

Can I clarify anything for you?

Jo

Customer: replied 6 months ago.
What step should I take next?
Expert:  Jo C. replied 6 months ago.

Try to ascertain what the diminution value would be.

Send them one letter asking them to pay within 28 days.

If they do not issue here

www.moneyclaim.gov.uk

Customer: replied 6 months ago.
Do you think there's a chance we get full value of the car back and claim for compensation?
Customer: replied 6 months ago.
Seeing as it's not the car we agreed to buy? Or do you think we would just settle for the value difference
Expert:  Jo C. replied 6 months ago.

There is no loss so there is no claim for compensation.

You are not going to get a full refund I'm afraid.

It is a value difference claim.

Customer: replied 6 months ago.
Okay that's fine. So what should I write in the letter? That the difference should be credited to me within 28 days or....?
Expert:  Jo C. replied 6 months ago.

Try to ascertain what the diminution value would be.

Send them one letter asking them to pay within 28 days.

I'm happy to continue with this but please rate my answer.

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