Vehicle Service - when purchasing a car from a Garage

[MaKennedy]

Hi there - I wonder if anyone could answer a quick query. I purchased a used mini and within 2 days the 'Service' light came on. I started to look through the service book and realised that the service had been due at the time I purchased the car. I called the garage and they said they would book it in to so that they diagnostic tool could knock off the alert! WHAT??? No I don't want that knocked off, it will come back on again later. I want the car servicesd!

I contacted Trading Standards and they took note of all the details and did say it was not good practice for a garage to sell a car that was due a service and to check back at the adverts that they put out. The adverts say 6 months warranty and 1 year MOT only - it does not say plus service, but colleagues have stated that it would not say that as it is natural for the car to be services if it was due. If the service was months away, then that is fine, but the service light was coming on as it was due, and I am sure the garage knew it was due, as it came on and went off for days before staying on. I have considered taking the garage to the small claims court, but unsure if it is a legal requirement that they sell cars that are serviced or tell you it will need a service at the time of purchase. Its like it was hidden - an extra expense I was not expecting. In the end - the garage could have services the car for a fraction of what I now have to pay.

can anyone give any advice on this?? thank you very much.

[james_law]

Under the Consumer Rights Act, you are covered if the car is not of satisfactory quality, fit for purpose, and/or as described. You are can reject it within 30 days and demand a full refund for the defective item. Personally it would fall into none of them categories so therefore you would not have have a claim under any of them headings.

I would say its bad practice that the car was not serviced by the garage but, unfortunately, you will have to foot the bill.

[paulajayne]

Service light on is not a fault but a reminder that a service is due.

Service items are normal wear and tear items so not covered under warranty.
Tyres, brake pads, discs, oil and air filters ETC.

.

[des8]

Consumer Protection from Unfair Trading Regulations 2008

Regulation 6 prohibits giving insufficient information about a product. It is a breach of the CPRs to fail to give consumers the information they need to make an informed choice in relation to a product if this would cause, or be likely to cause, the average consumer to take a different transactional decision - for example, in order to make an informed decision about whether to buy or how much to pay the trader has to disclose this information, whether or not the consumer asks for it.

You might be able to argue that whilst the dealer did not have to have the vehicle serviced, as he should have known it was needed he was obliged to inform you of that fact

[MaKennedy]

Under the Consumer Rights Act, you are covered if the car is not of satisfactory quality, fit for purpose, and/or as described. You are can reject it within 30 days and demand a full refund for the defective item. Personally it would fall into none of them categories so therefore you would not have have a claim under any of them headings.

I would say its bad practice that the car was not serviced by the garage but, unfortunately, you will have to foot the bill.

thank you James - that is what I thought. Trading Standards did suggest taking the garage to small claims court - but I wanted to be sure as they did say check the wording of the ads that the garage put on the car/cars. There was nothing about service. A month has already passed. Appreciate your response.

[MaKennedy]

Service light on is not a fault but a reminder that a service is due.

Service items are normal wear and tear items so not covered under warranty.
Tyres, brake pads, discs, oil and air filters ETC.

.

Thank you for your reply.

[Aukey]

Generally a service when car is sold will be an oil and filter change and if you're lucky or ask then an air filter thrown in. I wouldn't get to worked up about it as it's not a lot that gets done.

Have you asked them if it has been serviced?

A lot of times cars get serviced and the service reminder is forgotten about so not reset. I'm guessing that if they knew it needed a service like you think and they didn't want to do one they could have just reset the indicator then you wouldn't have known? They could have just stamped the service book as well. The light would stay off until a service was needed again.

I don't think it's a legal requirement as not stated on the ad but in my experience they generally are serviced as the parts don't cost a lot and the time it takes is nothing.

Did you notice it needed servicing when looking through the paperwork when buying the car and ask them to do it then? Have they told you it had been serviced and they forgot to reset reminder?

If they're a decent garage i'm sure it probably was done and reminder not reset, whether they have or not you're not going to know anyway so personally i would get an oil and filter change done to satisfy myself that it has been done. Don't think you will achieve anything by going to court as can't be proved either way. It's also been a month since you bought it.

I will say though that i would be surprised if they haven't done it considering the cost and customer satisfaction.

[Jabbers]

As mentioned the light will not come back on once reset until the time/mileage has been covered (even if it hasn't been serviced). however I always advise people to get the oil and air filter at least changed just for piece of mind myself because if the engine fails a year later due to oil not being changed you will be the one footing the bill.

I find a lot of cheaper smaller workshops don't actually know how to reset so they "forget" so chances are it was done but not reset.