Missold car with partial service history

[Big_bill_adama]

Hi all, 

 

just looking for some advice/maybe someone has gone through something similar.

 

my wife and I are expecting twins and needed a 7 seater car as we already have a 3yo.

We traded in our evoque to what we thought was a reputable dealer.

There was a couple of minor issues, one being the spare key didn’t work.

I contacted the seller about this and he tried to say he wouldn’t be paying for it.

This made me suspicious of him obviously.
 

Before we bought the car I asked him about service history and he told me the car had full service history online.

Naively I took him at his word.

The car was 22.5k (2018 disco sport hse) and we traded in our evoque for 11.25k and paid the balance over debit card. 
 

After this encounter I checked the service history online, and found out that it had missed key service intervals.

First at 21k - done at 35k, second at 42k - done at 65k.

Obviously this was a big red flag.

 

I spoke with consumerline, citizens advice and my local Land Rover. All of whom told me to reject the car for being missold and that he doesn’t have a leg to stand on. I would never have spent this amount of money on a car with patchy service history. I sent him an intention to reject email and recorded letter, which he has not responded to. I have engaged a solicitor who is now going to issue a letter stating our intention to pursue in court etc. 

 

Our solicitor is confident that we would win. However, with my wife being heavily pregnant and the potential if we lose we would have to pay his court fees etc.

we are pretty terrified, we have never done anything like this.

 

It’s worth saying this man has been extremely abusive over the phone with me, I have never dealt with anyone like this.

His defence is that the advert did not explicitly state service history.

I have told all parties this and they insist that we are in the right.

 

I’m just looking a bit of support or word of warning etc.

 

 

I sincerely want this man to do the right thing and refund us but i can’t help but feel it is a lost cause.

It is just too much money for us to gamble with.

 

Also a Smokey smell on startup has started to appear which is only heightening my worries although it does dissipate quickly. 
 

any advice is appreciated. 

[dx100uk]

is this a private person or a dealership or trader?

 

dx

 

[Big_bill_adama]

It was from a dealership thanks. Not a big one but still a dealership.

[dx100uk]

name and shame.

 

and can we have some dates when each stage happened

and by what comms method please

2 hours ago, Big_bill_adama said:

Our solicitor is confident that we would win. However, with my wife being heavily pregnant and the potential if we lose we would have to pay his court fees etc.

we are pretty terrified, we have never done anything like this.

as long as it's under £10k there are no 'costs' as such in small claims. very minimal.

 

 

[Big_bill_adama]

Thanks for your replies.

For reference we bought the car on the 18/02/23,

I informed of intention to reject on 27/02/23, with a deadline to accept by 06/03/23.

 

No reply forthcoming.

[dx100uk]

was the rejection IN WRITING quoting your relevant rights under consumer contract laws/consumer rights act? 

returning as not as described or not fit for purpose?

 

have you read other threads here (100's of then) regarding sending a letter of claim/launching a court claim?

[Big_bill_adama]

Hi,

 

yes I sent everything in writing via email and tracked first class post. I wrote it with the assistance of consumerline etc so it’s all perfect. 
 

what I really need to know is how likely I am to win. My only real concern is losing and having to pay a bunch of court fees as well.

 

I’ve been told I have a strong case but no one is exactly offering no win no fee either!

[dx100uk]

You can do it yourself easy read on this forum.

Small claims is just that, small fees too 

 

Dx

 

[Big_bill_adama]

Unfortunately the car list price was £22.5k, well above small claims

[dx100uk]

did you attend the dealership (you still have not named and shamed? why??!!) and viewed the car in person before your purchase?

 

 

[Big_bill_adama]

Hi, yes we attended the dealership and viewed in person.

 

It’s very much looking like this is going to court so I’m reluctant to name and shame in case it jeopardises anything.

Trust me, as soon as this is over I will be naming and shaming on every platform available!