Mis-sold a used car

lisa fox

New Member
Jurisdiction
United Kingdom
Hello

I brought a Renault Clio from a used dealerships Robins & Day in Romford, Essex.

The vehicle was advertised on EBay, Autotrader and there website which stated the vehicle had full service history. I paid and collected the car on 1st April, the sales lady informed me that service history documents was in the glove box but once I got home no service documents were found only the car manual.
I emailed the sales lady Jayna on 3rd April 2016 to inform her no service book was in the car and she was going to look in the file and talk to the sales person who took the Renault Clio as part exchange from the previous owner.
The sales lady confirmed she was unable to locate the documents.
I informed Jayna the car was advertised with full service history and I did not want to have a car without service history even though it was advertised.
She informed me that she had spoke to her manager who confirmed Peugeot would do a service for me FoC, firstly it does not make up for a full service history as the car is nearly 3 years old and a service is done every year but I agreed and since then no progress has been made with me bringing the vehicle down for a service.
I have had the car since 1st April 2016 and I'm in no better position than when I informed Sales lady of not having a service book.
I have had to chase The company for a service, I think it's disappointing I have had to chase a dealership for a service when I was mis-sold a car.
So waiting over 2 months for a date for service has been nothing but a waste of my time. I do not expect to spend as much as I have to not have service or have no communication from a dealership of a mis- sold vehicle.
I have had confirmation from Robins & Day the car was indeed advertised with full service and it was Robins & Day mess.
So after trying to resolve this and waiting 2 months I have decided I have wasted my time and want to return the car I am in my rights to return the vehicle under the Consumer Right Act is this correct?
The goods must be as described if not Robins & Day are in breach of the contract.


To clarify the vehicle has been mis sold as there has been no evidence of a full service history on this vehicle as advertised as so.

To this date I have stated I am returning the car and I have been ignored by 3 people.
I have asked for the complaint department which I have also been ignored.
I have tried resolving this issue and I am being ignored.

Please advise what I am able to do legally.
 
You'll need to find someone who is conversant with UK/British law, as this site is for US law.
 
The vehicle was advertised on EBay, Autotrader and there website which stated the vehicle had full service history. I paid and collected the car on 1st April, the sales lady informed me that service history documents was in the glove box but once I got home no service documents were found only the car manual.

You should have verified the existence of those documents before signing the purchase contract and handing over your money.

Like this:

Dealer: Here's your purchase contract, please sign.
Buyer: Just a moment. The car is advertised as having a full service record. May I have it please.
Dealer: Oh, it's in the glove box.
Buyer: Just a moment while I go look.
Buyer returns: There is no service history in the glove box.
Dealer: Oh, OK, will get it and mail it to you.
Buyer: No thanks. Present it to me now or I don't buy the car.
Dealer: But, but, but....
Buyer: Ta Ta (walks out the door).

I have decided I have wasted my time and want to return the car I am in my rights to return the vehicle under the Consumer Right Act is this correct?
The goods must be as described if not Robins & Day are in breach of the contract.

I'm going to take a wild guess here that you've never actually read the UK's Consumer Rights Act. Well, neither have I and I'm not going to. But I am providing a link to it so you can read it and determine whether your interpretation is correct. Frankly, I doubt it, but here it is:

Consumer Rights Act 2015

I also suggest you actually read the purchase contract you signed and determine if you bought the car AS IS with no mention of the service history being included in the contract.

I think you are dreaming if you think the dealer is going to take the car back and give you a refund.
 
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