Dealers fails to refund for a car with a fake service history booklet-court case?

[Janusz1223]

Hello guys, I hope you will be able to help/advice me on this one.

 

I bought a a second hand car through the London used cars dealer at the end of July2015. After 31 days I noticed that there are some serious mileage discrepancies between MOT and service history booklet. I phoned all the garages from the stamped booklet and I found out that first six stamps, claiming to be a BMW garages, doesn't exist and that the numbers provided were answered by private people. I get back to the dealer asking for a full refund. It was rejected, given the reason of high mileage done on the car (as I drove on myholiday in that car) and that the car has lost its value etc.

 

During and after that 31 days other things came to light. The car was not like in the dealers description (ie. I discovered that the second key was from completely different car, rain sensors missing, main BMW dealer garage discovered leaks, brake pads alterations and many other faults). But the main issue is that faked service booklet, the dealer doesn't want to take the responsibility for, claiming it was the previous owner's duty to check it(British Car Auctions) not his. As a result, it leaves me liable for it and if I would like to sell the car in the future, which was my plan, It would put me in serious disadvantage position and encounter a money loss if I were to tell the buyer the car has got fake service history.

 

Since the end of August this year I had been trying to make them to accept my offer and get my money (13k) back-but no results so far. They have came back with the ridiculous offer of a refund 11k instead of 13k because of wear and tear of the I am liable for. Or if I drop the claim, an offer of repair of the leaks, replacing missing sensors and an offer of 500£ for missing service history (they do not admit its fake). They hold on to that 3 last worthless stamps are valid and that they are sufficient service history. Two of those stamps are from independent garages (that couldn't say if the car was even seen by them because or what was done, as they don't keep the records of what have been done to the particular car). Last stamp was from the dealers garage and so its worthless. At the time of sale I wasn't aware that the service booklet and its first 6 out of 9 stamps are counterfeits but I bet they knew it from the very beginning.

 

As a result, I couldn't sell my other car, therefore have been incurring the cost of running two cars instead of one (fuel, garaging, taxes, insurance)-so another loses.

Need to mention that the car was bought with Debit Card.The trading standard officehas been involved but not very helpful as at the begining they were absolutely sure I am on the winning possition till yesterday, when I was told that I need to be prepared that the judge might not decide in my favour!

 

I am a the point where I've exhausted all the options for resolving that matter through the polite correspondence. I am just about to write the last letter before court action. The dealer rejected all my previous claims and in the last letter points, or even threatens me, that the judge will order a deduction, in their favour, from the original amount I paid because the car has been used. So I should accept their offer.

What are the chances of winning in the high court with the given arguments?Should I take it to court?And If yes, would I be able to claim not only a full refund for a car but also additional loses, court and solicitor fees I have encountered due to the tardiness of the dealer etc.? Will I have any chance to win without solicitor?

 

I would be be very,very grateful for all your help and suggestions as I am not English and it seems that it also puts me in disadvantaged position.

Thank you in advance! Jan

Edited October 27, 2015 by Conniff
Paragraph spaces added.

[oddjobbob]

It's all down to the dealer and nothing to do with BCA.

 

You will have to pay SOMETHING though for the use of the car, I would say £1000 is fair, so accept £12000

 

If they won't have that its an easy win in court, and I very much doubt it will get that far, the dealer would be mad to consider it.

[Janusz1223]

It's all down to the dealer and nothing to do with BCA.

 

You will have to pay SOMETHING though for the use of the car, I would say £1000 is fair, so accept £12000

 

 

If they won't have that its an easy win in court, and I very much doubt it will get that far, the dealer would be mad to

consider it.

 

Thanks for a reply!Do you think that I am on a winning position here?How they are calculating that amount for usage?the dealer claims it is something like looking at a price for hiring that kind of car..per day...

[angrycrow]

I would expect the courts view of a deduction to be based on the reasonable reduction of value of the vehicle from time of purchase until now. For example in July the car was worth £13 k with 60k miles, what would the same car be worth now with its current mileage from a dealer. The difference between these two figures would be seen as a reasonable deduction for the use you received.

[oddjobbob]

Yes ^^^

[Conniff]

Regulation is on the sellers side here, he is entitled to reduce any settlement for what is called 'enjoyment'.

What is the mileage now and what was it at purchase ??

[Conniff]

I've amended the heading as this hasn't been to county court yet.