Mis sold via stoneacre advice

LLIS25

Hello, just wanting a bit it advice

Last year a purchased a vehicle from stoneacre, a 13plate Kia Rio. Got told by the salesman a stoneacre 1 owner from new and because the warranty is transferable it still had 5 years warranty left!

Trying for a family at the time, and doing a fair bit of traveling a week, I thought the 1.1 Kia was perfect for me, cheap to run and a safety net of anything goes wrong, or so I thought...

On a day trip out with my daughter and partner around a month ago, the car broke down, had it recovered to my local Kia garage where they found the problem and contacted Kia head office on my behalf, the repair was knocked back due to lack of service history.

The book has been stamped twice by the original owner, once by stoneacre and once by me, I have the stoneacre and my service invoice with reciept but not the original owners, stoneacre don't have it and can't get hold of it either, which therefor voids the warranty, so from the day of purchase the Kia had 0 warranty.

Did a bit of digging and found the original owners were a hire car company, which I didn't get told otherwise I would not have bought it, the branch that had the car is no longer there so spoke to another branch and got told all the paperwork got sold with the car at auction.

Anyway after a month long battle with stone acre they have said its not there problem, I should have asked to see all paperwork at the time of purchase and asked about the previous owners history. And the original owner has Missold it me, how can you miss sell a car via auction???

I want to file a claim for a mis sold car but am unsure on what route to take, I'm
Positive il win as I have so much evidence against stone acre, even Kia head office have told me to take action.

Any advice would be great.

Thanks

Johno100

Does the service book stamp indicate which garage(s) did the first two services on the vehicle? If it does couldn't you go direct to them and get the paper confirmation KIA want/need?

MEM62

Miss-sold refers to financial products. You cannot be miss-sold a car.

However, I do believe that the problem should be firmly put back in the dealer's court. What does the Stoneacre documentation say about the warranty or even the service history? Do you have any evidence to support your case that you were informed that there was a warranty in force?

neilmcl

Bottom line was the car you purchased was advertised (I assume) with 5 years manufacturer warranty left. If Stoneacre can't provide you with this then you are entitled to a remedy, possibly a partial refund. I'd contact Kia first to see what they say about it but ultimately you may need to exercise your statutory rights against Stoneacre.

When exactly did you purchase the car?

LLIS25

There was still the warranty sticker on the back of the car, and me and my partner got verbally told that it had 5years warranty.

Purchased last February, had the MOT and service this February.

Kia will 100% not touch the car without the service documents from the first 2. As they could have used incorrect parts etc..

Stoneacre only gave me the book, they have been so underhand they even offered to take it elsewhere to be repaired, but then realised that it needs a new engine costing a decent amount and soon back tracked.

Iv tried demanding my money back as the only reason I bought the car was the fact I had a safety net if anything went wrong.

They are an absolute joke, passing me from one "manager" to the next who all contradict each other

Nodding_Donkey

What did the advert say about warranty?

neilmcl

LLIS25 wrote: »

There was still the warranty sticker on the back of the car, and me and my partner got verbally told that it had 5years warranty.

Purchased last February, had the MOT and service this February.

Kia will 100% not touch the car without the service documents from the first 2. As they could have used incorrect parts etc..

Stoneacre only gave me the book, they have been so underhand they even offered to take it elsewhere to be repaired, but then realised that it needs a new engine costing a decent amount and soon back tracked.

Iv tried demanding my money back as the only reason I bought the car was the fact I had a safety net if anything went wrong.

They are an absolute joke, passing me from one "manager" to the next who all contradict each other

I'm assuming you mean Feb 2015, in which case you statutory rights will be covered by the Sale of Goods Act (SOGA).

Speak to Kia again and explain that Stoneacre (are they an official KIA dealer?) sold you the car advertised with the remainder of the 7 year warranty and you expect an authorised dealership to honour this.

jimjames

LLIS25 wrote: »

There was still the warranty sticker on the back of the car, and me and my partner got verbally told that it had 5years warranty.

Sticker on the car is irrelevant, you really can't rely on that as evidence it has a warranty.

LLIS25

If the the sticker is left in the car in my eyes they are advertising it as having warranty. And as i say we got told it 100% had 5 years warranty.

Contacted Kia on many occasions and the last call we had they gave me a number to contact who are basically a vehicle solicitors, been told by Kia that stone acre have mis sold a car. Stoneacre know they have because when i first conacted them it was " don't worry, we will sort it, here is a courtesy car" as soon as I mentioned trading standards they wanted to wash there hands of it.

Johno100

And why diid the first two services?

LLIS25

A hire car company somewhere in Huddersfield, but it's recently been moved elsewhere.