Mis-sold a car with service history - anything I can do?

[lisalane78]

Hiya,

Historically this forum has been really very helpful with offering advice so I thought I'd give it a go again.

My situation is as follows:

I purchased a 4 year old car from a local garage for £8000 in Feb 2015. I was advised it had a full service history. After 3 weeks it broke down on me. The garage were less than helpful but after a battle they agreed to undertake the work but dragged their heels taking a couple of weeks to fix it. It again broke down shortly after the 3 month warranty, with the same fault (injector wiring issue). To cut a long story short it has broken down 3 times in under a year. I had it MOT'd this month and when I asked the garage to stamp by service booklet he advised me that it is for another car. The chassis number is different and it clearly states it is a different model of vehicle. I feel I paid for a vehicle with a full service history when it has nothing. It has also been unreliable for me and wish id never committed to it. My finance agreement states I can't return it until I've made 18 months payments which would be July this year. My query is is there anything legally I can do due to being mid-sold a car with service history that doesn't exist?

Any advice would be greatfully received.

Kind Regards

[R0b]

Re: Mis-sold a car with service history - anything I can do?

Hiya,

Historically this forum has been really very helpful with offering advice so I thought I'd give it a go again.

My situation is as follows:

I purchased a 4 year old car from a local garage for £8000 in Feb 2015. I was advised it had a full service history. After 3 weeks it broke down on me. The garage were less than helpful but after a battle they agreed to undertake the work but dragged their heels taking a couple of weeks to fix it. It again broke down shortly after the 3 month warranty, with the same fault (injector wiring issue). To cut a long story short it has broken down 3 times in under a year. I had it MOT'd this month and when I asked the garage to stamp by service booklet he advised me that it is for another car. The chassis number is different and it clearly states it is a different model of vehicle. I feel I paid for a vehicle with a full service history when it has nothing. It has also been unreliable for me and wish id never committed to it. My finance agreement states I can't return it until I've made 18 months payments which would be July this year. My query is is there anything legally I can do due to being mid-sold a car with service history that doesn't exist?

Any advice would be greatfully received.

Kind Regards

Hi Lisa,
@ostell had posted a reply to you in another thread you had made previously

Point this out straight away to the garage. They have misdescribed the vehicle they sold you. Have you checked the details on the log book (V5) ? Do they agree with the car or the service book. What was the mileage recorded on the MOT details? Have you contacted a previous owner to see what the mileage was?

They may have given you a 3 month warranty but under legislation you have more rights (for possibly up to 6 years).

Some further answers to Ostell's questions would be useful. Potentially you could have a claim against the dealer and the lender could also be jointly liable provided that the lender and dealer are two different companies and not related. Misrepresentation would be the main argument along with negligent mis-statement, or possibly deceit/fraudulent misrep if the dealer was already aware there was no service history but decided to advertise anyway.

Are you looking to return the vehicle or claim damages?