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Used car issues

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  • Used car issues

    Hi all, would like some help please

    01/08/2021 - Purchased used Mercedes for 9k from a Manchester-based dealer, paid using bank transfer. I did a test drive and looked OK so bought it. Car was advertised with a FSH and 7 stamps but were not present, dealer promised it existed and would mail it once they obtained it. Dealer wrote "Service history to follow" in contract.

    03/08/2021 - Identified fault with parking brake, took to a garage that quoted £420. Dealer said to bring it back, I declined as I'm London based. I offered to take it to another local garage for a second opinion, or claim under the 3 month warranty that the car came with. In that week, the service history was sent to me by the dealer.

    19/08/2021 - Parking brake fixed by way of replacing the assembly, claimed via warranty but left £100 out of pocket. V5C has now been received and I had requested Mercedes to provide a digital service history.

    24/08/2021 - Mercedes provides service history, which is different to what the dealer provider. Both has 7 stamps, however the one from Mercedes indicates last service was July 2020. The ad stated "Last serviced April 2021". As service was overdue, I booked in for a service

    28/08/2021 - Service completed by Mercedes, cost £433. Mercedes produced a report and identified an engine rattle.

    09/09/2021 - Local garage identified engine rattle to be a stretched timing chain, approx £1800. Dealer wouldn't entertain it, suggesting it wasn't a fault as the car still drives. Warranty companied had a similar tune suggesting the chain had to break to be covered. I'm arguing that a stretched timing chain would lead to a blown engine and had I known about it, I would not have bought the car. Dealer also suggested this was normal for this car's age and mileage. Dealer eventually offered for me to bring it back so they could look at it and determine if any repairs are necessary. Due to my location, I declined as I didn't want to go all the way to Manchester for him to say there's nothing wrong, or on the flip side - do a shoddy repair that could take days. Timing chain is at the back of the engine and requires a full strip down. I said that bringing to them would cause significant inconvenience, which they declined and it was not negotiable that the vehicle had to return for any diagnostics. I offered to take it to a garage of their choosing, within 50 miles of my home, which they also refused.

    I'm wanting to get the repair done locally and pursue them for the costs of the timing belt replacement + service + parking brake. Do I have the right to do this, or must it go back? I have also said that I want to reject the vehicle, but they have refused as it's outside 30 days and that I don't have a fault as the car still drives and therefore still "fit for purpose".

    Thanks in advance.







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  • #2
    I would suggest you consider using your rights under the Misrepresentation Act 1967.
    Under this act you can either rescind the purchase contract completely or claim damages.
    The misrepresentation may be fraudulent or innocent

    The basis for this would be the misrepresentation surrounding the service history.
    The argument goes along the lines that you were told there was a full service history, culminating in a service in April 2021.(was this according to the dealer's provided service history?)
    However BMW records show last service was in July 2020.

    you would not have purchased the vehicle unless there had been an up too date service, which would possibly have indicated the stretched chain and handbrake problems.

    Comment


    • #3
      Thanks for the reply DES8, I hadn't considered the Misrepresentation Act, I had only considered the consumer rights act.

      When the dealer was approached about the service history, they had said they purchased the vehicle from another dealer (similar to webuyanycar.com) and it's likely the previous owner provided this service history to get a better trade in value. They had said it's not up to them to check the service history of every car - which by reading the misrepresentation act means they made a reckless statement which falls under fraudulent misrepresentation.

      Have I interpreted that correctly or does this sound more like negligent misrepresentation?

      Comment


      • #4
        Of course it is up to them not to make false statements,
        Whether or not they check what they buy in does not obviate that responsibility

        Innocent or negligent doesn't make much different. so .use an either or wording

        Comment

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