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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Concerning a second hand car

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concerning a second hand car
Hello can you please provide some more details of your situation?
Customer: replied 2 years ago.
I BOUGHT A Audi a3 on the 14th February. It was advertised with FSH . I did flick through the service book just to check it had the stamps in it. Anyway thought I would check the details when I collected the car the following Saturday. I noticed something odd. The last three stamps in the book were all the same self serviced to manufacturers schedule. On further investigation the mileage all coincided with mot certificates. So on the Monday I phoned the garage that had done the MOT in December 2013 to ask if they had serviced the car. The answer was no they did the mot and brakes. So how could it be serviced at the same time by whoever when it was being mot and brakes replaced somewhere else I have been back to the garage where I bought the car and they are coming up with all sorts of excuses. I have managed to contact the lady that had the car before me and all she would say is the book was never stamped when she owned the audi. The garage she sold it to has since closed. I feel \I have proved the car was not serviced when the book said it was . Were do I go from here If you need to call me my phone number is ***** 347973 I will be here for the next 30 mins The email address I have given is my personal one I am at work at the moment but can take calls .
When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer laws. First of all, the following business practices are deemed unfair if they prompted you to make a decision to buy the car in question:· Giving false information about the vehicle or deceiving the buyer through false advertising· Giving insufficient information to the buyer, for example leaving out important information about the condition of the car Failure to adhere to these rules will be unlawful and may even amount to a criminal offence so if you believe that the dealer acted in contravention of these rules you can bring this up with them when you contact them about this. Your other rights state that when you buy an item from a business seller it must be of satisfactory quality, fit for purpose and match its description. If the car does not satisfy any of these, the dealer will be responsible. They will only be liable for faults that were present at the time the vehicle was sold, even if they become apparent later on. However, they will not be liable for fair wear and tear, misuse or accidental damage or any issues that were brought to the buyer’s attention before the sale. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower. If the vehicle does not meet the above requirements, the buyer can reject the vehicle and return it to the dealer requesting a refund. However, this will need to be done within the first month after purchase. If the dealer refuses to resolve this issue or accept any liability, you could take legal action against them. However, before going down that route you should try and resolve the issue directly with them by sending them a formal letter specifying how you want this matter resolved and giving them 7 days to respond. Advise them that if they fail to get back to you or deal with this in a satisfactory manner, you will have no other option but to report them to Trading Standards and issue legal proceedings to seek compensation. This is your basic legal position. I have more detailed advice for you in terms of the options you have for taking this further if things remain unresolved, 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 2 years ago.
So are you saying they have to prove to me that the service book is true. Which I have proved is not. This can make a big difference to the price of the car. If the service book is not filled in properly this car would be worth about £1000 less than I paid. Which is a lot of money. When you reply please answer the questions I have asked so I can understand them as I am not ofay with legal jargon.
You are still within the initial 30 days after purchase so can still reject the car and ask for a refund without having to prove anything. In fact if you return it within the first 6 months it is for the seller to prove that the reason you rely on are not correct. So yes, it is for them to prove that what they advertised was correct and truthful. You can decide to return the car and get a refund or you can ask for a reduction in rice to reflect the difference in service history from what was advertised. Hope this clarifies?
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