What action can I take if a garage does not give me a car's service history?

Question

After buying a used car from a garage, the service history was missing despite the car being advertised with full servivce history,I have been back to the garage on several occasions but each time I am told they are chasing it. It is now 5 weeks since purchasing the car and there is only 3 months warrantry, What is the legal position? Clearly the car advertisement was misleading if the garage does not provide the service history.

Answer 1

You may be able to make a claim against the garage as they have advertised the car with FSH and they have not been able to produce it. This is against the trades description act as you bought the car on the description they provided. They have to, by law, adhere to this.

I would let them know that I will be taking action against them, that should speed them up. If you succeed then you may be able to get the cost of the car back or at least something back. The garage will not want to tarnish its reputation I'd guess so I would expect that theywill want to do something, even as a goodwill gesture.

Answer 2

If it was advertised "with full service" history then they are obliged to provide it or you can sue them for misleading information in their advert. Even force them to take back the car and give you a full refund.

A number of years ago I was contacted by a guy from London who had purchased my old motorbike (YZF750) in a London show room, he wanted the datatag information for it, the dealer didn't have it. Nothing wrong with that except the bike he was buying had 7,000 miles on the clock and I had written it off doing a 3 figure speed, the frame was creamed, cockpit was missing and it had 12,000 miles on the clocks at the time of the accident.

He promptly stopped riding the bike, sued the garage and won a full refund. I am not saying that there is a problem with your car but there is a reason the garage is not providing you with the information you want and for your own safety get some legal advise. You'd be amazed at what a well written letter from a solicitor can do.

Answer 3

You do have legal rights, the description of the car said full service history and that's what you should get.
As mentioned previously it against the sales of good act.
I'm going through the same sort of type of thing as you.... here's what you do. (you can quote if you like)

1. Contact the C.A.B and Consumer Direct. you can find the numbers on the Internet by a search.

2. Write a letter (all correspondence done by letter now)

3. in the letter write "I'm writing this letter to inform you that I have taken advice from the C.A.B and Consumer Direct. Regarding (your car and reg)"
"Under the sales of goods act 1979 as amended “A second hand vehicle like any other goods sold must fit its description, be fit for its purchase and be of satisfactory quality”
I believe my consumer / statutory rights have been breached, this is because the vehicle has not been supplied with the service history that it was advertised with."

You have contractual rights towards the customer.

Then just state you will give them 14 days from receipt of the letter to supply the service history of you will be taking it further.

BEWARE: you must post this letter recorded delivery, as if the case goes further you need proof that they got it.

You will need to decide how far you want to go.. i.e. would you take the car back to them for a full refund?? (service history is a very important part of any vehicle, can make alot of difference when selling a car.)

If not they maybe able to give a partial refund.

I hope this has helped. Good luck

P.s All these people saying "you bought it as is"
NO NO NO, it was NOT a private sale it was from a car garage.
if you dont know what your talking about then dont comment.

Answer 4

Go back and ask again. If non is forth coming then mention that you will go to trading standards. They are in breach of their contract to not only supply the car but the service history as part of the deal. It is not an optional extra. Also contact the most senior person there either the branch director or owner. The contract has not been completed so you could sue for your money back.
Trading Standards are a good bet as they may have had other instances reported.

Answer 5

If you are residing in the United States, I would seek help from AAA, if in Canada the CAA. They may have some answers for you, or give you the name of a person to contact. I know there is a place, a website that is where you may find the history of that car based on it's VIN number. Maybe by using the INTERNET SEARCH , VIN number?? Good Luck

Answer 6

If it was advertised as having a full history and it does'nt then they have misrepresented the item they sold. You therefore have a means to redress - speak to your local council Trading Strandards office and seek their help. I would go for a refund if I was dubious about the cars true history.

Answer 7

You bought the car "as is" despite the fact that they didn't give you the service history at the time of purchase. Therefore, unless you have a promise - in writing - that they will supply you with the service history subsequently, you have no recourse.

Answer 8

If you felt that strongly you should not have taken the car without the history at the time of purchase, but if you did not check it was there when you took the car then that is just down to you.

Answer 9

i would suggest you put it in writing that you require the history within 2 weeks or you will take the matter further .i would imagine it breaks the trade descriptions act and maybe you could have a word with your local trading standards office 1st .

Answer 10

i'm hoping you got the deal in writing yet in spite of in case you didnt, you and the storage have entered right into a legally binding settlement which has been sealed via the cost of deposit (interest). If the storage says the engine is defective then its as a lot as them to fix and cutting-edge the motorcar to you in operating order with the intention to fulfill the settlement. in spite of - do not conform to regulate the words of your unique settlement and do not signal any settlement the position the motorcar will be transacted in as is condition with out assure or assure. search for extra and larger targeted suggestion out of your community voters suggestion Bureau who should be a waiting to refer you to a no/low fee lawyer...