Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.
It is not against the law to sell you a car without an owner’s manual but it can be a breach of contract if they promised you one and you did not get it. Als, when a private consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to the legislation directly, please follow this link:
The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:
- of satisfactory quality – they must not be faulty or damaged
- as described – they must match any description given at the time of purchase
- fit for purpose – they should be fit for the purpose they are supplied for
If they do not meet the above requirements, the consumer will have certain legal remedies against the seller. In your case you will be arguing that the car was not as described as the manual and service history do not match what you were promised.
If the goods do not meet any of the above criteria, the consumer’s rights against the seller are:
1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and must be applied within 30 days of purchase or, if later, delivery.
2. Repair or replacement – this is still an option in the first 30 days, if the consumer does not want a refund and becomes the standard options after the 30 days have passed. Alternatively, if the consumer wants to keep the goods, they can ask for a price reduction, based on what is wrong with them. That is something to be negotiated with the seller.
Once a decision has been made on which of the above rights to pursue, the seller should be contacted, preferably in writing, to discuss that with them. If they refuse to discharge their legal obligations under the Consumer Rights Act 2015, a formal letter before action should be sent, asking for the desired resolution and making it clear that legal action could follow through the courts.
In the event this matters needs to be taken further, the following are the relevant links:
A report to Trading Standards can be submitted first: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms
Afterwards, a claim can be pursued in The County Court: https://www.moneyclaim.gov.uk/web/mcol/welcome