mis-sold car, help needed....

[pasho2]

hello

i am after some advice please,

 

i purchased a car in october 2008 and when i picked it up it was supposed to have full service history, and i still have the sheet witch says this.

 

anyway when picking it up i could not find it in the car, so i asked the salesman and he said they didn't have it there but would send it on to me.

 

after about a month i rang them to find out were it was and was told it was lost but they would get a replacement book from bmw for me.

a few more months go by, i ring again was told they are still waiting for it.

 

another month goes by so i drive to the garage and ask the salesman where my service history is? ,he makes a phone call to the boss who says it wont be long and they will send it soon, then tries to sell me a new car.

 

anyway i now want to sell the car and without the history according to my local garage its worth around £3000 less than one with the history.

 

i don't really know where to go next as i feel i have bought this car that has been mis advertised, like i said i still have the advertisement which clearly states full service history.

 

any help would be welcomed on this matter.

 

 

regards

mark

[sri_130]

1st thing would be to write to them requesting the service history be delivered to you within a reasonable timeframe. You can quote the phone calls and sales talk and the original advert which states it was present.

 

For faulty cars (not sure about mis-sold) the responsibility lies with the dealer for the first 6 months after the sale to prove that it was satisfactory. After the 6 month period, it is your responsibility - if you still have the original advert, then great, you may have something to go on.

 

check out this link: Used cars - consumer rights

I've highlighted a secion below, which is why I am unsure what the odds are, in your case. - might be best speaking to consumer direct/trading standards and get their view.

 

The Sale of Goods Act 1979 states that, if you can show the goods to be faulty, not fit for their purpose or misdescribed, you have, for a short time after purchase, a right to reject them and get a refund of the purchase price. Therefore, if you have only had the car for a very short time, have only driven a few miles and you discover a major problem, you are probably entitled to reject it and get your money back plus the return of a ‘traded in’ car, if there was one, or its value if it has been disposed of.

[kabukiman]

Have you tried BMW Service to ascertain if the car even has FSH. With the time thats gone by, I do wonder whether the dealer was truthful or not.

[Prolix]

I think that the service history description and it's subsequent absence is misrepresentation and you should be able to claim damages as long as it was not innocently done.

 

I don't think that the Sale of Goods Act applies as the description of the car is "that which identifies the goods" for example BMW 320d touring etc.

 

My advice would be to write to to the car dealer and state that unless the service history is delivered to you then you will institute a claim for the defference in value as you believe the sale to be mis-represented.