Lost service history, dealer refusing refund

Sjdunne

Hi,

Recently bought a car for £8999 with fish advertised. Collected from up north after dealer couldn't deliver. On return discover no paperwork in the car. 
Contact dealer who says will post and does. No service history in paperwork. Dealer apologises and attempts to find. 
After 7 weeks no response. Call them to say we do not wish to keep car (there were also other issues). Write to them asking for refund acknowledging car has done 3.5k so don't expect full price. Alternately,  suggest a part refund due to no service history based on their value calculation.  They have no complaints process. Site consumer acts etc....
Say they will buy car at market value £5/5500, plus extra £1k, refuse to refund. Say if we sell privately they will vouch for service history, respond with not good enough. Refuse to speak to us and say being dealt with by their legal representative. 
Currently pursuing Section 75 as paid part of car with credit card, other with debit. 

What is the likelihood of my section 75 being successful?
Are there other routes. As I am sure you would guess very unhappy.
TIA 
Sean

JJ_Egan

Personally the service history would not bother me especially after driving for 3.5 thousand miles .

Fish  terrible smell .

user1977

Sjdunne said:

they will vouch for service history

Meaning what? If they actually did all of the servicing and are willing to put the details in writing, that sounds like what you need. Or are they just saying they saw the service history (done elsewhere) and have since lost it?

Aylesbury_Duck

Sjdunne said:

Hi,

Recently bought a car for £8999 with fish advertised. Collected from up north after dealer couldn't deliver. On return discover no paperwork in the car. 
Contact dealer who says will post and does. No service history in paperwork. Dealer apologises and attempts to find. 
After 7 weeks no response. Call them to say we do not wish to keep car (there were also other issues). Write to them asking for refund acknowledging car has done 3.5k so don't expect full price. Alternately,  suggest a part refund due to no service history based on their value calculation.  They have no complaints process. Site consumer acts etc....
Say they will buy car at market value £5/5500, plus extra £1k, refuse to refund. Say if we sell privately they will vouch for service history, respond with not good enough. Refuse to speak to us and say being dealt with by their legal representative. 
Currently pursuing Section 75 as paid part of car with credit card, other with debit. 

What is the likelihood of my section 75 being successful?
Are there other routes. As I am sure you would guess very unhappy.
TIA 
Sean

On a technical point, does a seller need to provide all the documentation of a car's service history in order to satisfy the "FSH" descriptor?  You were told it has a FSH, they've confirmed it has a FSH, so if they've since mislaid the paper evidence of that, does that mean the car isn't as advertised?  I'm not convinced it isn't.

Playing devil's advocate, if paper evidence of FSH was important to you, why did you not immediately reject the car as soon as you realised the paperwork they did send included no service history?  What was in that paperwork?  By driving 3,500 miles in it in the following seven weeks, you've probably undermined your opportunity to reject it and if so, they're under no obligation to offer more than they want to for it.

That leaves the part refund option.  How much are you after?

Sjdunne

user1977 said:

Sjdunne said:

they will vouch for service history

Meaning what? If they actually did all of the servicing and are willing to put the details in writing, that sounds like what you need. Or are they just saying they saw the service history (done elsewhere) and have since lost it?

Yes, they claim to have done last two but no more. Say they saw service book that is complete and want me to take their word on it or let new buyer trust them. Would you trust me if I offered that

Aylesbury_Duck

Sjdunne said:

user1977 said:

Sjdunne said:

they will vouch for service history

Meaning what? If they actually did all of the servicing and are willing to put the details in writing, that sounds like what you need. Or are they just saying they saw the service history (done elsewhere) and have since lost it?

Yes, they claim to have done last two but no more. Say they saw service book that is complete and want me to take their word on it or let new buyer trust them. Would you trust me if I offered that

Possibly, yes.  Would depend on what records you provided and the current state of the engine.  I wouldn't dismiss a car of that sort of value just because it doesn't have a complete set of service stamps.

Surely they can provide evidence of the last two, given they carried them out?

Sjdunne

Aylesbury_Duck said:

Sjdunne said:

Hi,

Recently bought a car for £8999 with fish advertised. Collected from up north after dealer couldn't deliver. On return discover no paperwork in the car. 
Contact dealer who says will post and does. No service history in paperwork. Dealer apologises and attempts to find. 
After 7 weeks no response. Call them to say we do not wish to keep car (there were also other issues). Write to them asking for refund acknowledging car has done 3.5k so don't expect full price. Alternately,  suggest a part refund due to no service history based on their value calculation.  They have no complaints process. Site consumer acts etc....
Say they will buy car at market value £5/5500, plus extra £1k, refuse to refund. Say if we sell privately they will vouch for service history, respond with not good enough. Refuse to speak to us and say being dealt with by their legal representative. 
Currently pursuing Section 75 as paid part of car with credit card, other with debit. 

What is the likelihood of my section 75 being successful?
Are there other routes. As I am sure you would guess very unhappy.
TIA 
Sean

On a technical point, does a seller need to provide all the documentation of a car's service history in order to satisfy the "FSH" descriptor?  You were told it has a FSH, they've confirmed it has a FSH, so if they've since mislaid the paper evidence of that, does that mean the car isn't as advertised?  I'm not convinced it isn't.

Playing devil's advocate, if paper evidence of FSH was important to you, why did you not immediately reject the car as soon as you realised the paperwork they did send included no service history?  What was in that paperwork?  By driving 3,500 miles in it in the following seven weeks, you've probably undermined your opportunity to reject it and if so, they're under no obligation to offer more than they want to for it.

That leaves the part refund option.  How much are you after?

Their valuation will be based on the resale cost for them. The extra £1k in my view makes them look like they are being generous.
I have asked for the difference between the price I paid and what they are offering as compensation. 
I trusted, as explained to me, that service history had been mislaid so would follow. I discovered paperwork ommision the day after purchase. Dealer had on his desk and said he would post. Arrived over 2 weeks later. Straight back onto them and they tried to claim it had been sent. Only once I proved it had not been sent did they offer to track down 13 yrs worth of service history. After a couple of attempts to find out what was happening (no communication from them) and further problems with the car, I informed I wanted to sell vehicle and needed fsh. Or they could buy back or pay difference due to selling something that was not advertised as original advert, that would have made a considerable difference to the price. And I wouldn't of engaged or responded to the advert if it didn't have a fsh.

Sjdunne

JJ_Egan said:

Personally the service history would not bother me especially after driving for 3.5 thousand miles .

Fish  terrible smell .

Not really sure what you mean??? 

Aylesbury_Duck

Sjdunne said:

Aylesbury_Duck said:

Sjdunne said:

Hi,

Recently bought a car for £8999 with fish advertised. Collected from up north after dealer couldn't deliver. On return discover no paperwork in the car. 
Contact dealer who says will post and does. No service history in paperwork. Dealer apologises and attempts to find. 
After 7 weeks no response. Call them to say we do not wish to keep car (there were also other issues). Write to them asking for refund acknowledging car has done 3.5k so don't expect full price. Alternately,  suggest a part refund due to no service history based on their value calculation.  They have no complaints process. Site consumer acts etc....
Say they will buy car at market value £5/5500, plus extra £1k, refuse to refund. Say if we sell privately they will vouch for service history, respond with not good enough. Refuse to speak to us and say being dealt with by their legal representative. 
Currently pursuing Section 75 as paid part of car with credit card, other with debit. 

What is the likelihood of my section 75 being successful?
Are there other routes. As I am sure you would guess very unhappy.
TIA 
Sean

On a technical point, does a seller need to provide all the documentation of a car's service history in order to satisfy the "FSH" descriptor?  You were told it has a FSH, they've confirmed it has a FSH, so if they've since mislaid the paper evidence of that, does that mean the car isn't as advertised?  I'm not convinced it isn't.

Playing devil's advocate, if paper evidence of FSH was important to you, why did you not immediately reject the car as soon as you realised the paperwork they did send included no service history?  What was in that paperwork?  By driving 3,500 miles in it in the following seven weeks, you've probably undermined your opportunity to reject it and if so, they're under no obligation to offer more than they want to for it.

That leaves the part refund option.  How much are you after?

Their valuation will be based on the resale cost for them. The extra £1k in my view makes them look like they are being generous.
I have asked for the difference between the price I paid and what they are offering as compensation. 
I trusted, as explained to me, that service history had been mislaid so would follow. I discovered paperwork ommision the day after purchase. Dealer had on his desk and said he would post. Arrived over 2 weeks later. Straight back onto them and they tried to claim it had been sent. Only once I proved it had not been sent did they offer to track down 13 yrs worth of service history. After a couple of attempts to find out what was happening (no communication from them) and further problems with the car, I informed I wanted to sell vehicle and needed fsh. Or they could buy back or pay difference due to selling something that was not advertised as original advert, that would have made a considerable difference to the price. And I wouldn't of engaged or responded to the advert if it didn't have a fsh.

Do you mean you've asked for £2,500?  i.e. the difference between what you paid (£9,000) and what they're offering in exchange for the return (£6,500)?  

sheramber

Sjdunne said:

JJ_Egan said:

Personally the service history would not bother me especially after driving for 3.5 thousand miles .

Fish  terrible smell .

Not really sure what you mean??? 

Recently bought a car for £8999 with fish advertised

Sjdunne

sheramber said:

Sjdunne said:

JJ_Egan said:

Personally the service history would not bother me especially after driving for 3.5 thousand miles .

Fish  terrible smell .

Not really sure what you mean??? 

Recently bought a car for £8999 with fish advertised

🤣🤣🤣 it's certainly feeling like something smells