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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Ok bought a car June 2013advertised with service history

Customer Question

Ok bought a car June 2013
advertised with service history none provided other than the service done as per advert.
MOT also completed

July took car back as air conditioning fault and brakes (faulty) not picked up in MOT or service history (nearly had 2 serious accidents with the brakes not working properly) but now mended.

Kept asking for service history none provided until we sent the following:

Sent a letter to garage owner as follows
Further to our recent correspondence via email with regards XXXXX XXXXX above car I have now taken legal advice. I have been advised that I have a case under the following:

1. Breach of Contract which under the Limitation Act of 1980 I have 6 years to claim;
2. Sales of Goods Act 1979;
3. Fraudulent misrepresentation ( where the seller has made a false statement of fact) e.g. Service History in this case
3.1. The car was advertised with “service history” (see copy included below) this is false. The only service was the one completed by Preesall Garage before I collected the vehicle.
3.2. In correspondence received recently you say:
3.2.1. In the email above I believe this is a false statement on three accounts:
1. I did not take receipt of the vehicle from yourself but from your father who was there at the time of the sale;
2. I have in my possession a service book that was supplied from your garage at the time of the sale;
3. That the vehicle was not advertised with any (the advertisement states clearly “with service history”)
3.2.2. This also contradicts all the discussions we have had as I advised at the discussions stage that “I was not bothered about mileage so long as it had service history”
3.2.3. I mentioned the service history again when I had to bring the vehicle back for the air conditioning fault.
3.2.4. Further correspondence regarding service history
4. Fraud (which is a criminal act)
4.1. We have received a service book which has been tippexed out and has the vehicle details from a totally different car all together.
4.2. Informing that there was service history in an advertisement when you clearly now state there was none meant that the vehicle was not worth as much as advertised.
I say I have been misled on more than two occasions and to remedy this situation I would like to suggest the following:
I wish to rescind the contract and I wish the car to be returned for a full refund by means of collection of the vehicle from my place of work. A bank draft for the full value of the purchase

11/12/13 we got an email from the garage with a pdf copy of a 2002 service history

1. what can we do as he has provided service history?
2. what are our options as we asked to rescind the contract?
3. the garage replied with "Please find attached service history for XXXXX Land Rover Discovery.I have ordered a new service book which I will forward on to you with the service history stamped when it arrives."
4. this does not stop the fact that he provided a service history book that was tippexed out and the writing is consistent with that of documents received from the garage we purchased the vehicle from.
Submitted: 4 years ago.
Category: Law
Expert:  Nicola-mod replied 4 years ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 4 years ago.

I am happy to wait the guy who helped last time was good Alex Hughes so if he remembers he would be best suited



Expert:  Nicola-mod replied 4 years ago.

We will continue to look for a Professional to assist you.

Thank you for your patience,
Expert:  Nicola-mod replied 4 years ago.

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Customer: replied 4 years ago.

You can close the question - it seems that if you pay you get quick service but if you have a free question it does not get resolved.

Expert:  Ash replied 4 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

I see you are still wanting help - do you still need assistance?

Customer: replied 4 years ago.

Thank you but we have resolved the issue now thank you

Expert:  Ash replied 4 years ago.
Ok - good luck! No need to reply to this as the system thinks you are stuck and it comes back to my Inbox. Thanks