Garage Dispute - colliecrew
Hi There,

I was hoping someone might be able to guide me in the right direction with a particular situation I have found myself in. I will try to keep it as short as possible!

I purchased a 2nd hand car from a large dealer 2 months ago. I was told the car had a full service history. However, on collection, the handbooks had all been misplaced by the garage. After much chasing around on my part, I finally got replacement handbooks. It was clear the car does not have a full service history (confirmed by VW UK). I have asked the garage for the overdue service to be completed at their cost and financial redress for the depreciation in my car given that it lacks a service history. They have refused this and offered to purchase the car back from me at £500 less than I paid for it.
I plan to call Consumer Direct tomorrow as I believe they are in breach of the Sale of Goods/Trades Description act for making false claims and also the SMTA for advice.
Does anyone have any ideas as to what else I might be able to do or am I already doing everything I can?
Many thanks in advance
Garage Dispute - Hugo {P}
Stick to your guns and try to get VW UK on your side if you can.
Garage Dispute - colliecrew
Thanks for the support !!!
Garage Dispute - Micky
">I was told the car had a full service history.<"

Is that in writing anywhere? Advert perhaps?
Garage Dispute - audiaudi
">I was told the car had a full service history.<"
Is that in writing anywhere? Advert perhaps?


indeed!!!!

Without those facts, you are dependent on the good will of the garage.


If there is no written evidence that the car came with a FSH - then park outside the garage with a message in your car window and outside your car stating the garge does not keep its promises - but first tell the ownner re your intentions and they may pay up.

Good luck!
Garage Dispute - colliecrew
Many thanks for the replies.
The original advert stated the car came with a full service history and the salesperson stated this numerous times(as this was a major factor for me purchasing this particular car).
The garage have never disputed this fact, what they have disputed is the fact that this will not-financially- effect the resale value of the car in the future.
I love the idea of parking the car outside the car dealer.......brilliant!!!!
Garage Dispute - audiaudi
Hi

Thanks for liking my idea, but please only action as a last resort.

As they appear not to be desputing the car coming with a FSH and it was advertised as that - keep the ad safe.

Re their statement re the lack of FSH not affecting the price, rubbish! Not just would it reduce the price of your car, you will lose the market appeal of the car by 60% as most people want to buy a car that is less than 6 years old with a FSH.

Visit them tomorrow, and hand a letter stating somehting similar to what i have said and just mention that if they do not respond positively, you will have to act to recover monies due and the distress caused. Then park your car outside their garage with a large, clear, concise message and take a friend and park legally.

Let me know how you get on.

BTW - ask them if they will take the car back and refund your money in full if that is an option you wamt to take.
Garage Dispute - Micky
"> The original advert stated the car came with a full service history <"

The car is not as described; write to the dealer principal, enclose a copy of the advert, state that the car is not as described. Ask the dealer principal how he/she intends to compensate you for the reduction in the value of the car, you might be surprised at what's on offer. Tell the dealer principal that you require a positive reply within 7 working days. Is the dealership part of a larger organisation? If so, go over the dealer principal's head if you don't receive a satisfactory reply; if not then trading standards.

Not certain if you can reject the car at this stage.

I write as a well known barrack room lawyer ;-)
Garage Dispute - audiaudi
Micky has a point re the 'rejection' of the car at this late stage - I read the 2 months as 2 weeks - sorry!

My feeling is that it is a fmaily owned, one garage business, but if they've been around long enough, they would want to keep a reputation as they deal with locals - demad answers within 5 working days, no messing, be very firm, but polite.
Garage Dispute - bell boy
this full service history is a common malady to get customers into cars these days ,i suggest you speak to trading standards if the garage have dismissed you as it may well have a file on them and waiting for you to go the further step and willing to go to court.
the parking outside with a placard is more likely to get you arrested for breach of the peace and customers going into the dealership will just treat you as a fool ,use it as a last resort only in my opinion
Garage Dispute - yorkiebar
If they used the full service history to entice you into the sale and then it is not true , then they have not kept to the contract of sale.

This is the point that needs to be hammered home. if the contract of sale is not complete then the goods are not of the description given.

Not sure if you can reject the sale at this stage, (should have acted sooner, sorry). But it is a very legal position that you can and should argue.

mention this to the dealer principal and ask him what if anything he intends to do about it; remember to mention the contract of sale has not been fulfilled. you only purchased this car rather than another because of the service history. If he is not prepared top do anything then you need to consult legal advice, i.e trading standards, cab, or solicitor.
Garage Dispute - Aprilia
I've seen a few 'full service history' - often a dealer history that fades out at 3 years and then a few tatty Kwik-Fit receipts.
Garage Dispute - K. Lynch
Hi,
I had similar experience and took legal advice, which was to return the goods within a reasonable period of time, usually deemed to be within 28 days, otherwise you are deemed to accept the goods. I did this after several letters to the garage and finance company, who are legally involved as they supplied the funds for me to buy the defective goods. I phoned the garage and the finance company, who were completely on my side, they then told the garage that I would be in the next day with the car and that they were to have a cheque for the full refund. I felt great when, I arrived at the garage the repectionist asked me how she could help, I replied in an overly loud voice so that the other customers could hear me, That I was here to return a car which was missed sold to me as it did not have a FSH and I was to pick up a cheque for the full refund!!! I got the cheque and walked out feeling great.

All the best good luck. KL
Garage Dispute - PW
One thing- you didn't state how long it took you to find out the car had no FSH. Hypothetically could the garage have held on to these until the reasonable period to reject the car had passed? Their integrity is already in doubt so I would guess is feasible.

If that is the case would this help the OPs position? I guess the fact that he had to get in touch with VW will help support this claim. Do you have anything in writing to back up the delay in receiving the docs?
Garage Dispute - colliecrew
Nothing is ever simple is it!
I could not have returned the car for a full refund after 28 days as I was still chasing the garage to supply me with the replacement handbooks at this point. I have emails to confirm my pursuit of this. Up until then I was still being told that my replacement handbook would be fully stamped with the full service history.
This is a family run garage who have a few large dealerships throughout the region and who "pride themselves on customer service"
I think my first port of call will be to contact trading standards for further advice today. Thanks so much for all your time in trying to lead me through this. I am determined not to let this lie
 

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