Used Car Section 75 protection

cono1717

But you can't prove that unless you're trying to sell it, you can't ask a court to grant money back to you on the premise that the service history will be the only thing affecting the sale value. What if you run it into the ground or write it off - a service history will hardly matter if in 5 years time its a total lemon.

wealdroam

rhadagast wrote: »

In case it is not obvious, the loss from the mis-selling is the artificially inflated price for functionality that is not available. In adition the lack of a full service history will adversely affect the future resale value directly.

Really?

You yourself have already demonstrated that an incomplete service history, and other features either missing or not working is no reason why any future selling price needs to be reduced.

burlington6

rhadagast wrote: »

Thanks for the replies, Obviously I have condensed the timeline of events to simplify the post here.

I entered into attempting to reject the car on day 1, but was met with a hostile response from the dealer and prevented at this point from expecting my old car back.

We made a mistake and went there after numerous other garage visits, so it was late in the day. There were numberous other specifications that the car did check out as having, but missed the 3 noted elements above due to simple oversight and expected the advert not to outright lie - surely there should be some kind of law in place to protect the innocent (and stupid) from unscrupulous sellers ... hhmm

I cannot excuse the FSH issue as this was a serious lack of judgement. No ifs or buts..

The car came with a bog standard warrentywise bronze cover, none of which covers the faults. I do have both a screenshot of the sellers internet advert and a copy from autotrader of the original advert text and dishonest content. Vehicle is an Audi Q7 2008, with 95k miles

The distance between the seller and home is greater than 1.5 hours drive, so there was no option to return the same day especially with the late time of day.
I tried to immediately go through rejection of the car from DAY 1, and recorded all conversations with the seller except the first one after I realised what I was dealing with. After intimidation and non cooperation with the dealer I went to the credit card company to seek recompense under section 75.

I now have the car repaired completely, but a lack of complete service history and a few missing extras.

The section 75 complaint has resulted in an offer of complete recompense for the defects, but does not account for any mis-selling with regard to the sale of goods act 1979, misrepresentation act 1976 and consumer protection from unfair trading regulations 2008.

Would it be best to accept the offer and take the mis-selling on the 'chin' after making mistakes in the buying process or take the credit card offer to the financial ombudsment to push for some compensation for the misrepresented items

You had it repaired or the dealer did it for you?

rhadagast

No I have had to foot the repair bills, after the dealer refused to reject the car on day 1 and then stopped taking calls or responding. We could not survive without a car and had to act

Even outside of the previous comments about the full service history not being a premise for lost costs, I have still had to pay a higher cost for a car that was not provided with essential elements attributed to said car in the advert.

I would not sell the car on using lies and deciept, so future sales prices would be affected by honesty

pinkshoes

rhadagast wrote: »

No I have had to foot the repair bills, after the dealer refused to reject the car on day 1 and then stopped taking calls or responding. We could not survive without a car and had to act

Even outside of the previous comments about the full service history not being a premise for lost costs, I have still had to pay a higher cost for a car that was not provided with essential elements attributed to said car in the advert.

I would not sell the car on using lies and deciept, so future sales prices would be affected by honesty

Having paid for work to be done and using it for 2 months, you have now put yourself in a very difficult position, as this is clearly deemed as accepting the car.

are you hoping to reject the car and get a full refund for what you paid plus the money you have paid out on repairs?

Have you put together a list of repair work and costs of what it will cost to get the car to match the spec? You cannot buy a service history that doesn't exist,but you can price up the other work.

What are you hoping for as an outcome?

philatio

You are deemed to have accepted the vehicle as you did not reject it within a reasonable amount of time.

99% of car dealers will tell you you cannot reject a faulty car, even on the same day. Usual line "you have to give us chance to fix it first". This is classic Arthur Daley tactics. You must demand a refund under your statutory rights.

Unfortunately you're well past that point now so don't know what to suggest.

I still don't understand how you can test drive a car and not notice massive errors in the stated specs. Such as SatNav.