I found out my vehicle is older than I was told - is this a case of mis-selling?

I purchased a Range Rover Evoque in March 2017 from a main dealer. The salesman said it was first registered in November 2016. The warranty was three years from that date. At the end of May this year I got an error message saying that the vehicle needed a service/oil change. I contacted the dealer and was advised by their service department that there is an issue with some vehicles and to book the vehicle in for a warranty service.

Having taken the vehicle in for the work I received a call from the dealer saying that the vehicle was due a service in June 2016. I asked where this date came from and was told that this was the PDI date. This was the first time that June 2016 was mentioned to me. During the sale I asked for a service package. This was provided by the dealer and states the first service was due September 2018 or 21,000 miles.

Having argued the date with the dealer, I asked why I hadn’t been made aware of the PDI date at the point of sale. The dealer said that because the vehicle was not supplied by them but by another main dealer they were not aware of the PDI date. Their response is that is the date and it can’t be changed. Do you think have a case of mis-selling?

Asked on 29 June 2018 by Roy Bennett

Answered by Honest John
You have a case against the dealer who supplied the car who should have shown due diligence. He is definitely liable and this is the law that makes him liable: The Sale and Supply of Goods to Consumers Regulations 2002, is derived from EU Directive 1999/44/EU which became Clauses 48A to 48F inclusive of the Sale of Goods act in April 2003. This reverses the burden of proof so that if goods go faulty within six months after purchase it is deemed they were faulty at the time of purchase and the trader has the onus of proving that the item is not defective due to a manufacturing defect. See: www.opsi.gov.uk/si/si2002/20023045.htm/ This gives more teeth to the judgement in Bowes v J Richardson & Son

The Consumer Protection from Unfair Trading Regulations May 2008 (CPRs) incorporate The Sale and Supply of Goods to Consumers Regulations 2002 and contain a general prohibition against unfair commercial practices and, in particular prohibitions against misleading actions, misleading omissions and aggressive commercial practices. The Regulations are enforceable through the civil and criminal courts. These create an offence of misleading omissions which would not previously have been an offence if the consumer had not asked the right questions. So if a salesman knows a car has, for example, been badly damaged and repaired and does not tell the customer, he could later be held liable if the customer subsequently discovered that the car had been damaged and repaired.
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