Missing service history - what are my rights?

I recently purchased a used (2012) BMW X3 from a franchised dealer. The dealer confirmed in writing that the vehicle had a full service history and was maintained at their workshop. During the test drive I was shown the full list of the checks carried out and the work undertaken but was not shown the service booklet. I requested copies be sent by email although promised was never sent.

When I took delivery I was told the book was not available as it had been sent to another workshop for a missed stamp and it would be sent by registered post. As the dealer had a good reputation and that the vehicle was sold under the BMW Approved Vehicle scheme (where I paid a premium for the privilege) I trusted their statement and paid for the vehicle. A few days later I received the service book and was baffled to see that the first and only interim service was carried out 22 months after purchase at just over 26,000 miles. The next service was carried out 4500 miles later as part of the resale.

I have formally written to the dealer to state that the service interval is excessive and as such should not qualify to be sold under the BMW Approve car scheme. The customer service manager phoned me to assert that the CBS method used by BMW may allow such an extended interval and should not cause any damage to the engine, in any case the second service would have rectified any problems caused. I have challenged the accuracy of this statement, but am not sure what to do next. Can you offer any advice?

Asked on 13 May 2014 by Colombo

Answered by Honest John
You have been deceived because the service book was not made available to you for inspection and the reason why it was not available has been proven to be a lie. So you are fully entitled to reject the car as not as described and not of satisfactory quality for a full return of your money and of the car you traded in.

The fact that the dealer lied puts him in contravention of The Consumer Protection from Unfair Trading Regulations 2008 and that could be a criminal offence. Law here: www.honestjohn.co.uk/faq/consumer-rights/ So send a letter by post office special delivery to the dealer principal of the dealer stating that if he does not compensate you for the reduced value of the vehicle due to his attempted deception, or give you your money and your car back within a week, you will pursue all avenues of civil and criminal action against him and furthermore take the matter up with BMW HQ. I would say the value of the vehicle was reduced by £2000.
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