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  1. #1
    rasith's Avatar

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    Default Letter before action

    Hi everyone first time posting here and I would like some advice. I purchased a car mid June this year that was advertised with full service history. When the car was delivered there was no service history to be found. Luckily I saved the advertisement. I played phone tennis for 6 weeks and they told me it was lost. I told them I was unhappy and that I would go to trading standards. Then I was told again it did exist! More delays, no service history.

    I have been driving the car very little as I don't want to keep the car if it has no history. During the 500 miles or so driven I have now also had an engine management light come on. I took it to the garage and they said it is probably the timing chain which is a very pricey repair.

    I have contacted trading standards and they said they'd investigate. Over 2 weeks ago I received an email from their solicitors saying a serviced history had been found and was being sent to me and that the car could not be rejected on ECU fault codes alone.

    I have yet to receive this history and have had no replies from the solicitors to it's ETA. I have a letter before action written and ready for the service history issue. Shall I wait or send this now? Should I get a full report from a mechanic and reject the car instead? I'm just worried that I'm being delayed more and that I'll lose my consumer rights if the purchase date gets over 6 months.

    Any help would be appreciated.

    Thanks

  2. #2
    ostell's Avatar

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    Default Re: Letter before action

    Reject it NOW so that you have put a marker in the sand. I believe that the clock will stop until it is resolved.

  3. #3
    rasith's Avatar

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    Default Re: Letter before action

    The mechanic said the engine would have to come apart to check the chain and would be costly. Although the P11A8 and P000A fault codes I've googled point to the timing chain.

    This is what their solicitor wrote:

    'With reference to your alleged timing chain issue (that has not yet been proven)
    please provide evidence there is a fault. Our client instructs that the EML illuminating
    would not indicate an issue with the timing chain.'

  4. #4
    ostell's Avatar

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    Default Re: Letter before action

    The EML illuminating is a problem that they need to resolve. Quote the error codes that your mechanic gave you at them and ask what it means. Even better would be a report from your mechanic.

    Was the original problem, the lack of service history, reported within the 30 days?

  5. #5
    rasith's Avatar

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    Default Re: Letter before action

    Hello yes the original problem was reported in the first week but this was done over the phone.

  6. #6
    ostell's Avatar

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    Default Re: Letter before action

    So you could tell then that as the problem was reported within the first 30 days and the clock stops until they resolve and they have still not resolved it them you are rejecting the vehicle in its entirety. Please make arrangements to collect the car and return all money paid.

  7. #7
    rasith's Avatar

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    Default Re: Letter before action

    But can you reject a car for having a missing service history? If so I will change my letter before action and send it out straight away.

    Thanks

  8. #8
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    Default Re: Letter before action

    Don't do the LBA yet, You bought the car on the understanding there was a full service history. This has not been supplied. Goods not as described. The current bit with the timing chain is goods not of merchantable quality. Have a good read of the Consumer Rights Act 2015.

  9. #9
    rasith's Avatar

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    Default Re: Letter before action

    I've gone through the sale of goods act and the consumer rights act. I've have quoted these in various emails but have mainly been ignored. If I do send out a LBA shall I bring both these issues into it?

  10. #10
    ostell's Avatar

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    Default Re: Letter before action

    The Sale of Goods Act is dead in these circumstances which is probably why they ignored it and laughed at you. Did you tell them various sections that you are using to reject the goods?

  11. #11
    rasith's Avatar

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    Default Re: Letter before action

    Yes I put in the sections and this is when I had a reply. I guess a mechanics report and moving to reject is going to be the best way to go.

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    ostell's Avatar

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    Default Re: Letter before action

    So have they handled your first complaint successfully? If not then you are still in the 30 days.

  13. #13
    rasith's Avatar

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    Default Re: Letter before action

    No but my first compliant was about the service history where I quoted the sales of goods act. I thought 30 days only applied to rejecting a car on a mechanical fault?

  14. #14
    ostell's Avatar

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    Default Re: Letter before action

    No you can reject on not as described, ie there was no service history. Petty I know but they advertised it and haven't been able to supply despite being being a reasonable time to correct.

    Sale of goods would have handled this but CRA superceded.

  15. #15
    rasith's Avatar

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    Default Re: Letter before action

    I have an update! I've been emailed a one page word document with name, address of mechanic, date, repairs made and the mileage at the time. Does this count as a service history?

  16. #16
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    Default Re: Letter before action

    NO..

    http://blog.greenflag.com/2016/missing-service-history/


  17. #17
    rasith's Avatar

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    Default Re: Letter before action

    This feels never ending now. I tried going through webuyanycar to see if I could you the document as service history and they siad they need copies of invoices. So I went back to the dealer and this is what they just sent me.

    "We sent out the service history print out to prove that the car had a history, because We Buy Any Car don't except this that is not our concern, if they require invoices you can call the garage who's name is on the service record and see if they will send you over copies of the invoices. We have followed the rules as you have asked for and we made Trading Standards aware of what we have sent.


    I am sorry that We Buy Any Car would not accept this but it is a service history.

    Best of luck."



    I'm going round in circles and running out of patience. Do I just try to reject on the engine light now?

  18. #18
    des8's Avatar

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    Default Re: Letter before action

    Don't know age or make of the vehicle you bought, but a service history is normally in the form of a booklet which contains details of the service due at various intervals, and it records the date and mileage that every service is carried out and is validated by the garage stamp.
    Can you post up a copy of the "document" purporting to be a FULL service history

  19. #19
    rasith's Avatar

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    Default Re: Letter before action

    I can't seem to attach the word document. Here are the top two paragraphs (of five) from it. The car is a 2100 Peugeot 207

    PETER NASH SPECIALIST CARS
    1 Warsash Rd, Warsash, Southampton SO31 9HW 01489 589 898
    09/07/2013 – 28,421 – OIL FILTER, POLLEN FILTER, THERMOSTADT HOUSING, WIRING MODIFIED, FRONT BRAKE PADS, COOLANT REPLACED.

    PETER NASH SPECIALIST CARS
    1 Warsash Rd, Warsash, Southampton SO31 9HW 01489 589 898
    28/01/2014 MOT 32,545 OIL AND FILTER CHANGE

  20. #20
    des8's Avatar

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    Default Re: Letter before action

    If that car was 2010 and not 210 where is the record pre July 2013?

    As mentioned earlier a full service record is maintained in a booklet.
    Here is Peugeot 207 maintenance log http://peugeot.csmc.co.uk/sites/www....nty%20Info.pdf
    At page 34 the maintenance record starts.
    I think this booklet dates from 2012, but it won't be much different to the 2010 booklet!


    On a practical side you could now, IMO, reject the vehicle under your short term rights as being misdescribed as it did not come with a FULL service history.
    You delayed rejecting it as you were told they would find the missing log and send it to you.
    This they have failed to do .

    What date did the engine management light come on?
    You said the garage indicated a timing chain problem.
    Which garage? the one you purchased from?
    Have you told the sellers about the light, and if so what date?
    If after thirty days after purchase you would have to give the sellers one opportunity to repair the fault before being able to reject on account of that fault

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