I bought a Volkswagen Beetle from a dealer who agreed to send the FSH and spare key later - he hasn't. What can I do?

Three weeks ago I part exchanged my old car for a Volkswagen Beetle from a local dealership. Half way into the journey to view the car (and potentially purchase it) the garage owner rang to say he had just realised the previous owners had forgotten to give him the handbook with full service history, and the spare key. Both the FSH and key were advertised and therefore a condition of sale. He stated he had just spoken to the previous owners who had the handbook and key and they would provide them the following day. We were too far into our journey to turn around, so we continued and subsequently exchanged vehicles with the promise that said missing items would be posted within the next day or so.

Almost two weeks past with no correspondence received, we have chased and emailed the owner on numerous occasions, who insists it was posted. I have asked for details, i.e time of posting and location, to check with the Post Office but surprisingly that has not been supplied either. As we're not geographically close I cannot pop into see him in person. Therefore, before I contact him again I would like to know my rights as the FSH and spare key were a condition of sale (I still have the internet advert stating they are included). What can I do? Can I contact the DVLA for the previous owner's address to see if he's telling the truth and ever had them in the first place? The car is definitely going to be worth less with no service history - what monetary compensation should I be seeking?

Asked on 6 June 2010 by GavLou

Answered by Honest John
Yes, the FSH and spare key were a condition of sale and if not supplied the dealer is in breach of contract so must take the car back and refund the purchase price, or settle with you for the difference in value which I estimate at £1000.
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