mis sold car purchased from marshals Jaguar
Dear John
We bought and paid for a Jaguar 2006 xk convertible from the Marshal Jaguar dealership on the 26/04/2015.We were unable to collect the car for another four weeks as it turned out the previous owner still had the v5.The car was advertised as having a full service history and one previous owner Upon collection of the car I noticed that the service history had a gap of 2yrs .The salesman assured me this was not a problem ,that I should take the car home and check for any other faults as I had a six month guarantee and that they would stamp the missing service history in this time . When we eventually received the v5 in our name with the change to personalised number plate, it then became apparent the car actually had 2 previous owners.
I again contacted the garage one month before the guarantee would expire to get some other problems rectified and fill in the service book. The work was done and the salesman handed the service book to the man on the service desk. The service dept said they couldn’t sign it and the salesman asked me to leave the book with them. I contacted them a week later but nothing had been done and was told” it wasn’t a problem as the car needed servicing every 20,000 so there really wasn’t a gap”.
I arranged to collect the book and insisted on seeing the manager. The manager I saw that day told me they had no history of the car or previous owner or advert on their system and there was nothing he could do anyway as it was above him. He told me my only option write to the manager explain the situation.
Having done this he has replied saying.
“As a result I am able to accept that the vehicle was mis-described as having a full service history or one previous owner. I am satisfied that these were genuine errors, but I also accept from your point of view the vehicle was mis-described Utilising the facilities available to us including the Seller Advance Valuation System I believe the real difference in value is approximately £250.00 and reflecting the vehicle is 9 years old where the service history and number of previous owners has a less significant impact.
In the circumstances I regret I am unable to accept your rejection but in an effort to reach a compromise I am prepared to offer to carry out the next 2 annual services free of charge (the value of the services is approximately £995.00) and to make an ex gratia payment of £1000.00.”
I paid £24,000 for this car. I keep a copy of the advert; I don’t want to accept 2 services as compensation. Nor do I believe this is an acceptable offer. He gives me 14 day to accept this final offer or it will be retracted.
I know I should have pursued this sooner but was diagnosed with cancer 9 days after collecting the car, hospital appointments, operations and treatment has taken priory.
Please advise me on an acceptable outcome in your opinion
Regards Rebecca
We bought and paid for a Jaguar 2006 xk convertible from the Marshal Jaguar dealership on the 26/04/2015.We were unable to collect the car for another four weeks as it turned out the previous owner still had the v5.The car was advertised as having a full service history and one previous owner Upon collection of the car I noticed that the service history had a gap of 2yrs .The salesman assured me this was not a problem ,that I should take the car home and check for any other faults as I had a six month guarantee and that they would stamp the missing service history in this time . When we eventually received the v5 in our name with the change to personalised number plate, it then became apparent the car actually had 2 previous owners.
I again contacted the garage one month before the guarantee would expire to get some other problems rectified and fill in the service book. The work was done and the salesman handed the service book to the man on the service desk. The service dept said they couldn’t sign it and the salesman asked me to leave the book with them. I contacted them a week later but nothing had been done and was told” it wasn’t a problem as the car needed servicing every 20,000 so there really wasn’t a gap”.
I arranged to collect the book and insisted on seeing the manager. The manager I saw that day told me they had no history of the car or previous owner or advert on their system and there was nothing he could do anyway as it was above him. He told me my only option write to the manager explain the situation.
Having done this he has replied saying.
“As a result I am able to accept that the vehicle was mis-described as having a full service history or one previous owner. I am satisfied that these were genuine errors, but I also accept from your point of view the vehicle was mis-described Utilising the facilities available to us including the Seller Advance Valuation System I believe the real difference in value is approximately £250.00 and reflecting the vehicle is 9 years old where the service history and number of previous owners has a less significant impact.
In the circumstances I regret I am unable to accept your rejection but in an effort to reach a compromise I am prepared to offer to carry out the next 2 annual services free of charge (the value of the services is approximately £995.00) and to make an ex gratia payment of £1000.00.”
I paid £24,000 for this car. I keep a copy of the advert; I don’t want to accept 2 services as compensation. Nor do I believe this is an acceptable offer. He gives me 14 day to accept this final offer or it will be retracted.
I know I should have pursued this sooner but was diagnosed with cancer 9 days after collecting the car, hospital appointments, operations and treatment has taken priory.
Please advise me on an acceptable outcome in your opinion
Regards Rebecca
Asked on 26 December 2015 by Rebecca
Answered by
Honest John
If a car is sold with "one previous owner", that literally means that there is one owner previous to the owner in the V5C. It is deliberately confusing to a buyer, but is literally correct. As for the missing service, that might have had consequences for which someone could have been held liable if the car was not as old as it is. In the circumstances, the offer you have been made is quite reasonable. However, you must get in writing that the 'free' services you have been offered will be full services to the full Jaguar standard at the ages and mileages the car will have reached at the service dates.
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