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car dealer lied about car service history


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Hello there, wondering if anyone could help, its a bit long winded so i apologise... my story starts from the 21st April 2012,

We live in essex and we decided to purchase a car from morecombe, yes i know before you say why so far away, well there was such a big difference in the mileage to what we could get in essex for the same price. Well getting back to my tale. before we arrange to the collect this car we asked the salesman if possible as we we're driving such a long way could he please check all the standard things like oil, water, tyre pressure...blah blah.. which he agreed. This car apparently was and excellent example of mazda 6, due to its extensive full mazda service history. and all the other peaks you would expect from a car only a few years old. Well my husband drove up on the 21st april this year to collect the vehicle and we part ex our old car. Everything was fine for the first 150miles car drove lovely, until all the warnin lights came on and broke down, we contacted the car dealer and he explained it must of been something the mazda garage had done whilst it was in having a health check done the day before. he said to drive home and he would get it sorted... well when my husband arrived home we started looking into this car a bit further, we had already checked before we brought the car that it hadn't been involved in any accidents or claims bblah blah, that was fine, But when we started to look through the paperwork we found out this car had never been to a mazda garage for a service ever, and had very limited service history with it. We found this out as we contacted a mazda garage near us.... well we decided as the car had broken down, and we since have found out that the car wasn't taken in for a health check it was taken it to have some faults corrected on the vehicle... second lie... we are at present going through the legal route as we asked for a full refund on the vehicle, we even said at our own cost we would have to the car delievered as it is undriveable.. we have now got to the stage where he didn't reply to the first court letter hence judgement was made in our favour, he has since replied to court after receiving the judgement papers and explained funny enough he didn't receive them first time around we go to court next month for him to try and overturn the judgement, to be honest i'm so tired of this now, i'm not going to give up, but with all the garbled information i have given you do you think we have a good chance of getting our money back. as far as we're concerned he lied about the service history and the condition of the car... please any advive would be great...i think sometimes i get slightly lost in this process...and would like to hear other peoples thoughts.. thankyou in anticipation.

 

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Hi there, yes its to do with the dpf light, we since found out that when the car dealer took it to the mazda garage up north they had to do a regeneration which really as the mazda garage near us told us that with all the miles we done this should have fixed the problem but it hasn't, they believe the problem could be a number of tings costing into the £1000's, they explained to us that we would be better of trying to get our money back. we also found out the car had a hole in the sump.....

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If the defendant dealer is a Limited Company, I'm sure you can have any hearing at your local court.

 

Keep a record of all you have spent on the mater and cost your time spent dealing with court papers at £9.25 per hour.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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thats excellent, yes he is a limited company, and yes we have kept every piece of paperwork, and everytime we sent a letter to him we sent it recorded. its just the time it drags on for, at the moment the said car is on our friends driveway as we declared it sorn, also we don't have a driveway. we also had to buy another car in the mean time just so we could get to work, so hence more money paid out... thanks for the feedback.

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have you got the actual description in the add? which confirms it was misdescribed, was the mileage correct and checked with previuos MOT's?

How did you pay, cash or cc?

As it was adealer, the car must be foi for purpose!

What was the response to you saying you would take it back?

Did they offer to look at it and put the things right? distance is irrelavant.

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thats excellent, yes he is a limited company, and yes we have kept every piece of paperwork, and everytime we sent a letter to him we sent it recorded. its just the time it drags on for, at the moment the said car is on our friends driveway as we declared it sorn, also we don't have a driveway. we also had to buy another car in the mean time just so we could get to work, so hence more money paid out... thanks for the feedback.

 

Apparently I got it wrong. Its some time since I had any claims in the Small Claims and it appears that the Litigant in Person rates have increased:

 

http://www.thomas-legal.com/updates-to-the-civil-procedure-rules/

 

Take a look at the last section in the link.

 

Which court deals with the case

 

Any money claim must be issued at the County Court Money Claims Centre. Other cases can be issued in the local county court.

The court will then transfer the case automatically to the defendant’s nearest county court if:

  • the case is defended, and
  • the claim is for a fixed amount, and
  • the defendant is an individual, not a company.

In other cases, either party can ask for the case to be transferred to another county court.

Edited by dw190

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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yes i've got the orignal add, and yes it confirms alot of lies he made about the vehicle..... with regards to the mileage i also had concerns but i managed to contact the previous owners that confirmed the mileage, which at least gave me some comfort. The car dealer actually said to us, "you've got no chance of ever getting your money back from me" nice guy. he did say he would repair the vehicle so we took it to our local mazda, to see what was wrong with the vehicle. my husband then called the car dealer and passed him onto the mazda mechanic who explained what was wrong and what needed to be done and the car dealer went on to say, they can F**k o** and pay for the repairs themselve...once again nice guy...in letters that followed he has never once reconized our concerns over the service record, he has always ignored this question and only ever written " i have the right to repair" which to honest doesn't cover the fact that the vehicle is worth less now due to it having NO mazda service history with...one of our main reasons for purchasing the vehicle in the first place.....oh and with regards to payment, we paid on our debit card, but the bank wasn't interested... i did ask them but they said we couldn't claim...the reason was very vage......i'm with barclays

Edited by fleur135
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Are you still using the car?? If you are then it could be game over and depends on your resolve.

 

There was a classic case of this with a Mazda on this same forum which ended up in big time tears.

 

Mazda 6 Diesel cars are known for this issue. If the DPF is knackered your trip from Morecombe to Essex will not re-generate it and a forced regen is pointless.

 

If you are still using the car then ensure you check the engine oil level on a regular basis i.e. once a week as if not regenerating it will rise and cause the car at some point to run away i.e. start feeding off it's own increased oil level and there is bugger all you can do to stop it.

 

The good news is that even on this forum there should be sufficient evidence to show that the fault has been there since the day the car was made though proving it will be difficult. One of the cars was in Essex as well and has its own web site.

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no we stopped using the car the minute we brought it home, the only journey we made was to the mazda garage 2 miles away and they said not to drive it anymore...so we went with their advice...... and yes our card does carry the visa logo...

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If you have tried your bank then thats about it if not interested in helping, except to complain to visa, in the USA, they may be able to put some pressure on the bank to help! It is not a legal route though, just a worded agreement between visa and the banks that use it, that you can ask your bank to help! whatever that means.Now if you had used your credit card that would have different as they are legally liable.

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