Mid-sold car service history

user1977

Alderbank said:

Is 'breach of trust in the sales process' even a thing? Has the revelation that car salesmen occasionally stretch the truth or even tell porkies come as such a shock that you had to take to your bed and miss work?

Along with the reference to "mis-sold" I wonder if this is part of a wider misunderstanding that all sales processes involve a fiduciary duty to actually give advice, like in the regulated financial sectors and PPI etc.

born_again

confusedcustomer1 said:

Thank you for all of your contributions! To answer some common questions:

Car is a Kia Ceed 2019 plate.

In regards to warranty: I have been advised by that dealer that 3 services were done beyond the required time and mileage. Due to there there multiple missed services the warranty wouldn’t be valid and the failure would likely due to lack of maintenance. (Lack of maintenance before I owned the car) 

I’ve raised a complaint with the dealer and sent the below email, what do you think my chances of success with this are? Any further advice? 

——————————-

To whom it may concern,

I am writing to formally raise a complaint regarding the mis-selling of a vehicle purchased from X branch on X date.

The vehicle in question is a Kia Ceed, registration X, purchased under Order No. X, and financed through Hire Purchase agreement X.

I chose to purchase a Kia primarily because of the manufacturer’s 7-year engine warranty, which was a decisive factor in my buying decision. I made it explicitly clear to your sales advisor that a valid warranty and full service history were essential requirements for any vehicle I would consider purchasing.

This is demonstrated by the fact that I cancelled an order for Order No. X, after being advised that the vehicle associated with that order did not have a full service history and therefore did not meet Kia’s warranty conditions. Following this, I was presented with the vehicle registration X, and I was assured by the sales advisor that this particular car had a full service history and an importantly a valid manufacturer’s warranty.

Relying on this assurance, I proceeded with the purchase and even took out a 3-year service plan to ensure I complied with Kia’s maintenance terms going forward. To be clear, I was of the informed belief that my vehicle had a current, valid warranty at the time of purchase.

On X date, my vehicle suffered catastrophic engine failure, including complete loss of braking functionality, posing a serious safety risk to myself and other road users. The following day, I presented the vehicle to the X, where I was assisted by Service Manager X

Service Manager X contacted Kia and subsequently informed me that the vehicle’s manufacturer warranty is in fact invalid and I would therefore be unable to claim for the repair under warranty. This is due to previous services having been carried out beyond the acceptable mileage thresholds. Importantly, these service history issues occurred prior to my purchase of the vehicle and were therefore not in my control. At no point did the sales advisor make me aware of the fact that these services had been conducted beyond acceptable thresholds and that my warranty would be invalid.

Under the Consumer Protection from Unfair Trading Regulations 2008, as supported by the Consumer Rights Act 2015, it is unlawful for a trader to engage in misleading actions or omissions that cause, or are likely to cause, the average consumer to take a transactional decision they would not otherwise have taken.

In this case, the sales advisor represented that the vehicle held a valid manufacturer warranty, which was untrue.

Had I been correctly informed, I would not have purchased this vehicle – as evidenced by my previous cancellation of another vehicle that did not meet my specified valid warranty conditions.

The misrepresentation was material, and I have now suffered financial and practical loss due to the resulting engine failure, which is no longer covered.

I request that X take full responsibility for this mis-selling and provide an appropriate remedy. At minimum, this should include:

1. Full cost of vehicle recovery, engine repair or replacement to restore the vehicle to the condition it was promised at point of sale.
2. Provision of a courtesy car whilst necessary repairs are made.
3. Consideration of further compensation for the inconvenience, potential safety risk, and breach of trust in the sales process.

Please consider this a formal complaint. I would appreciate a written response within 14 days of receipt of this letter. If this matter is not resolved satisfactorily, I will have no choice but to escalate it to the Motor Ombudsman and pursue legal proceedings regarding breach of contract and misrepresentation under consumer law.

3. You have used the car for 3 years with no problem, where is the safety issue? You are at best giving them a good laugh.
2/1. Even under warranty you do not get a courtesy car. Warranty would not cover these costs. Again 3 years use with no problems. 

Sadly I do not think you stand a chance, given 3 years of use of the car & the number of miles covered.

Fact that it happened before your purchase makes no difference.

You declined one car on warranty, so seem to know what Kia's terms are. So why did you not check that the services were not over 10K miles between them or within 12 months?
Many sales people have no idea on servicing schedules. So they will have seen 3 stamps & taken that as covered. Unless you have it in writing it was covered under warranty. Again can't see that they will do anything, given 3 years use.