Missing service history

[kawasaki]

Hi, I bought a BMW from a large well known dealer. The car is very low mileage and was advertised as having a full BMW Service history.

When we checked the idrive there was no record of the last service history so I contacted the salesman. He said that they had actually serviced the car and as they are not a main dealer they cant record the service through the cars idrive but an invoice showing the service would be sent out. That was 8 weeks ago and they have still not sent this.

Ive emailed the salesman 4 times and telephoned him a few times to get an update and each time its 'oh ive neen on holiday' or 'the service department should have emailed you' ' I will follow it up'

My issue is that the car doesnt have a full BMW service history as advertised, although that doesnt really bother me as the main thing is that it has a FSH.

The other issue is that Im thinking that they havent actually serviced the car hence the reason they cant supply me with proof.

I was given a 12 month warranty with the car and it states that the car must be serviced/maintained according to the manufacturers recommended intervals, but wondering how that affects the cars warranty.

I intend sending an email to the companies head office as im not getting anywhere with the salesman. Can anyone give advice on my rights or any information I should include in the email?

Thanks

[R0b]

Hi,

If they have been unable to supply you a copy of the service after 8 weeks, I would be inclined to think this has not been done at all.

What remedy are you looking for?

[Pezza54]

You should contact BMW to find out if independent garages can access BMW's Digital Service Record

If the answer is yes, BMW might be able to tell you when your car was last serviced. There is a chance the dealer updated the DSR and is struggling to produce paperwork for the service

[kawasaki]

Hi,


What remedy are you looking for?

Unsure tbh of what remedy i should expect. Was hoping someone else on here may have come upon a similar issue.

Mechanically the car is spot on and love owning it, but my issue is the warranty as the wording states the car needs to be serviced to manufactures servicing intervals.

When it comes to reselling the car which i usually do every couple of years, then it would attract more buyers as well as be worth more in value.

Other issue is that they sold me the car with FSH, thats what I expected and paid for. If I had traded a car in to them and said it had a FSH but it didnt, then im sure they woould either reduce the trade in value or similar.

I dont really know what to expect.

[kawasaki]

You should contact BMW to find out if independent garages can access BMW's Digital Service Record

If the answer is yes, BMW might be able to tell you when your car was last serviced. There is a chance the dealer updated the DSR and is struggling to produce paperwork for the service

Initially the dealer who sold me the car said it was all installed in the cars system and thats how i found out that there was no service carried out.

When I contacted the salesman he told me that because they are not a BMW dealer then they cant access/input the service record.

So the salesman told me porkies, as I was told the car had been serviced at a BMW dealer by the previous owner, but then when it came to the workshop inspection prior to delivery its probably been noted that the service had not actually been done.

[R0b]

Unsure tbh of what remedy i should expect. Was hoping someone else on here may have come upon a similar issue.

Mechanically the car is spot on and love owning it, but my issue is the warranty as the wording states the car needs to be serviced to manufactures servicing intervals.

When it comes to reselling the car which i usually do every couple of years, then it would attract more buyers as well as be worth more in value.

Other issue is that they sold me the car with FSH, thats what I expected and paid for. If I had traded a car in to them and said it had a FSH but it didnt, then im sure they woould either reduce the trade in value or similar.

I dont really know what to expect.

The Consumer Rights Act 2015 requires traders to ensure information is accurate and any statements made by them which you rely on will be implied into the contract as a term. Equally, the Sale of Goods Act 1979 also says that the car should correspond with its description. Failure to meet these requirements will mean the trader is in breach and could allow you to terminate the agreement and return the car, less a deduction for use.

If you are generally happy with the car you could ask for a partial refund. The starting point may be to ask for the cost of a service being carried out by BMW or a reputable garage. Resale value is much harder to quantify because when it comes to selling it, everyone has different priorities and a missing/late service may not necessary mean the value of the car is substantially reduced, particularly when most consumer buyers don't always look at the paperwork until after purchase.

A starting point may be to look at similar cars with mileage, full service history trim level etc. and then compare a number of cars with partial service service and see how much different in value they are being sold for. Use that as a base to ask for a refund but that is a simple (but not the only) method to use and I wouldn't be expecting a refund of £1000s which could be mitigated by a late service being carried out, so I think you would need to be reasonable in what you are seeking.

Worst case and if the dealer is not willing to bend at all or you are not happy with the compensatory offer, you can always start legal proceedings and ask a court to make a decision.