Consumer Advice Needed

[Liam0205]

Hi

I bought a 08 Polo in late Jan this year as a second family car off a local reputable dealer.

Upon viewing and test driving the car on the Saturday I made enquires about the cars service history, the sales advisor advised me it had history as they had checked with the local Vw but he didn't have a copy to show me but would get it faxed over in time for the vehicle handover should I purchase it, sure enough I was confident in what he advised, the dealer is fairly big so had no reason to doubt.

Picked the car up on the Wednesday and the sales advisor told me he had forgot to get a copy of the history, he advised he would get a copy for me during the week and would give me a call.

2 weeks later I called and chased, guess what? He had forgotten again. At this point I said I would get a copy of the history from vw once the v5c came through.

This took a while but when the v5c arrived and I popped into to VW they advised me they had no record of a service history?

I've called and spoken to the sales advisor on 2 occasions since for him to look into this and he hasn't called me back. Keeps saying he's forgotten.

Sorry for the long post but can anyone advise where I stand with this legally ?

[DDM]

no to great to hear mate, unsure of how you stand unless you have a copy of original advert where it stated it had like a full vw service history, if you havn't got anything like this i think your screwed. did you happen to get finance or pay outright?

[Liam0205]

I paid outright for it, I haven't got the advert but the sales guy knows what he told me and admitted it

[jonnym]

Was it a condition of sale? Even verbal?

If you bought the car, in good faith, based on what was told to you by the dealer, and it now transpires that they have economical with the truth, then I would argue that on the balance of probabilities (which civil law works), you have a case.

Send them one final letter as you have tried many times to resolve it. Tell them what you've done and how you have tried to work around them, but to no avail. Give them an a final chance to sort it or you give the car back (if that's what you want do) and/or ask for compensation for your time etc if you want to keep the car, especially if it turns out that it doesn't have a history.

Only issue is that said sales man could claim never to have said what he said, but I suspect any paper/email/call trail would tip the balance of probabilities in your favour.

If that doesn't work, county court time.

[Liam0205]

Thanks.

Yeah it was verbal that the car had history and he's admitted to me within the last week that he remembers saying it had history and would call VW

Was thinking of doing a letter asking for the history or an offer of a refund, been reading a few bits on Honest John which seems useful.

On top of all of this it's had to go back anyway as the power steering is failing 

[DDM]

I paid outright for it, I haven't got the advert but the sales guy knows what he told me and admitted it

for them reasons mate i think you'd be out of luck, i doubt he'll honour what he's said, if he would, he'd of done it by now or at least had the decency to return your calls ect, unfortunatley these days it's all about what evidence you have, and unfortunatley you don't have any, have you done a mileage check on your car, it's just that you hardly hear of a car having no service history these days, and if i did i would be suspicious that maybe the mileage dosn't match the atual service history they had, hence the reason you don't have it. this can be checked for free on the direct.gov website by checking your mot history, just a thought.

[Mandy]

After experiencing a similar situation, I'd advise you to write them a formal letter and send it through recorded post. State to them that you feel they have breached several legal requirements including the Sale of Goods Act where a new/used car you purchase from a trader must be as described, in this case it isn't as described. They are also legally obliged to comply with the requirements of the Consumer Protection from Unfair Trading Regulations, one of the requirements prohibiting them from giving false information either verbally, visually or in writing, for example misrepresenting the vehicle's specification or history at any time before, during or after the transaction. I think you have a case to argue so don't give up.

[garrardrj]

+1 as Above

Ask for a written response with 14 days of the date of your letter too . Point out to them that you would never have bought the car if you knew it had no service history

Good Luck

[Liam0205]

Thanks for all the advice

Actually got a call for the guy this week to say he had managed to get hold of a copy of the history and was now in the process of getting me a service book and will get it stamped, it's progress but I won't hold my breath until I get the stamped VW book

[jonnym]

Thanks for all the advice

Actually got a call for the guy this week to say he had managed to get hold of a copy of the history and was now in the process of getting me a service book and will get it stamped, it's progress but I won't hold my breath until I get the stamped VW book

Make sure they haven't duffed it up. Even so, i'd be pursuing them for just being useless.