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Consumer law -previous owners not as car ad stated - Sadie100

We bought a car recently, and the traders ad said: "1 owner"

V5 has finally come through, and it says: 'No. of former keepers 2'

We have the report check from BEFORE we bought the car, and that says keeper no.1 had the car from new till Jan 2017, then current keeper from Jan 2017 till when we bought it 2 days after they sold it to the dealer.

Underneath that it says: 'Previous keepers 1'

The report was correct, because the current keeper hadn't changed when we bought the car, until records updated that we were the new owners.

But, we believe the trader shouldn't have advertised the car as only having one owner, when there have been two owners before us.
This may sound a petty query, but....

We are rejecting the car under 'short term right to reject', as it is not fit for purpose, and was sold in an unsafe condition.
Work promised and supposedly done on the car hasn't happened, and when I asked for an invoice showing the work done at the dealers premises, all I got was: "No, I don't have those"

We want to be correct when quoting consumer law when presenting our full case (which includes misleading statements in ads) and would like to be sure if the above query about previous owners can be added to the case.
We are worn out unravelling the lie after lie, and dealing with this car.

Thanks

Edited by Sadie100 on 12/05/2023 at 01:15

Consumer law -previous owners not as car ad stated - Bromptonaut

I'm not sure that the number of previous keepers is, of itself, sufficient reason to reject. What's the actual date of first registration? Was it for example originally sold as a 'pre-reg' or ex-demo?

If you try and get a valuation through WBAC, Motorway or similar is there a significant difference in their offer for one previous owner rather than two?

Of more interest is the bit about sold in an unsafe condition; what are the details there?

There's a useful guide to your rights and steps needed to enforce them here:

www.citizensadvice.org.uk/consumer/buying-or-repai.../

Consumer law -previous owners not as car ad stated - Andrew-T

.... we believe the trader shouldn't have advertised the car as only having one owner, when there have been two owners before us.

This may sound a petty query, but.... we are rejecting the car under 'short term right to reject', as it is not fit for purpose, and was sold in an unsafe condition.

In my humble opinion there is absolutely no mileage in making an issue of the difference between 1 and 2 previous owners of a car of this age (you don't say how old it is, but clearly at least 6 years). You say you have other 'issues' so concentrate on those.

The only sensible reason for querying the number of owners might be if that suggested that a car was being disposed of quickly because of real 'issues'. With this car the number of owners (fewer than normal) amounts to no more than a clerical error.

Edited by Andrew-T on 12/05/2023 at 09:25

Consumer law -previous owners not as car ad stated - elekie&a/c doctor
The issue that arises is that the dealer should have stated what’s on the log book. 1 previous owner . So the current person listed is the second owner. When the new keeper registers the car , it will come back as 2 previous keepers .
Consumer law -previous owners not as car ad stated - Adampr

I think the suggestion is that the number of owners is secondary to more serious issues but is meant to show a pattern of dishonesty.

I'm not 100% convinced of that. Having obtained an HPI or similar check and been satisfied, I don't think you could then suggest that you have relied on the dealer's statement in that regard.

If I was putting a case together, I might mention it as part of a long list of issues, but wouldn't give it any focus at all. I certainly wouldn't mention that I had a third party check before buying the car

Consumer law -previous owners not as car ad stated - Sadie100

I think the suggestion is that the number of owners is secondary to more serious issues but is meant to show a pattern of dishonesty.

I'm not 100% convinced of that. Having obtained an HPI or similar check and been satisfied, I don't think you could then suggest that you have relied on the dealer's statement in that regard.

If I was putting a case together, I might mention it as part of a long list of issues, but wouldn't give it any focus at all. I certainly wouldn't mention that I had a third party check before buying the car



We have been advised to put all matters forward in the complaint, rather than adding bits later, and to not miss anything out.

I didn't want to go into the whole saga, as threads then veer off into a different territory than the query raised, and it's impossible to get back on track.

I can add that also a new timing chain was included in the ad also. The seller said he replaced it in his own garage, with other parts.
When asked if we could have something to verify this, such as parts invoices etc, he said he'd dig them out. Then when reminded and asked again later, he said "No, I don't do that"

As you said, these are secondary matters to the main issues, but we do need to include everything, and we feel the '1 owner' statement was also misleading.

Thanks again


Edited by Sadie100 on 12/05/2023 at 11:01

Consumer law -previous owners not as car ad stated - Andrew-T

<< ....we feel the '1 owner' statement was also misleading. >>

I'm sorry, I can't see how you have been misled. When the seller placed the ad, there was one previous owner. After you bought, there are now 2 previous owners. Your third-party report confirmed that, and you don't appear to disagree. I fail to see the point you are raising as I don't see any false claim - tho I accept there may be others, which is what you should focus on.

Consumer law -previous owners not as car ad stated - Sadie100

<< ....we feel the '1 owner' statement was also misleading. >>

I'm sorry, I can't see how you have been misled. When the seller placed the ad, there was one previous owner. After you bought, there are now 2 previous owners. Your third-party report confirmed that, and you don't appear to disagree. I fail to see the point you are raising as I don't see any false claim - tho I accept there may be others, which is what you should focus on.

When the seller placed the ad, there were two previous owners.. The owner of the car from new, then the second owner who sold the dealer the car.


Consumer law -previous owners not as car ad stated - Andrew-T

<< When the seller placed the ad, there were two previous owners.. The owner of the car from new, then the second owner who sold the dealer the car. >>

All correct, but dealers rarely take official ownership of vehicles, at least as far as DVLA is concerned, they only take them into stock. On the car's record the owner before you will be the person who 'sold' to the dealer. Dealers usually do this simply to avoid adding another 'owner' to the list.

Anyway, as you say they only had it for 2 days, what are you arguing about ?

Consumer law -previous owners not as car ad stated - Sadie100

<< When the seller placed the ad, there were two previous owners.. The owner of the car from new, then the second owner who sold the dealer the car. >>

All correct, but dealers rarely take official ownership of vehicles, at least as far as DVLA is concerned, they only take them into stock. On the car's record the owner before you will be the person who 'sold' to the dealer. Dealers usually do this simply to avoid adding another 'owner' to the list.

Anyway, as you say they only had it for 2 days, what are you arguing about ?


I don't really understand what you wrote, as the first owner had the car about 10 months, then the owner before me had the car for years.

It doesn't matter now anyway.
I had no choice but to call the consumer helpline after what happened later today, which I have posted about.
A case has been opened and Trading Standards were passed the info. They can look into everything in due course.

I'll call a close to the thread now.

Consumer law -previous owners not as car ad stated - RT

<< ....we feel the '1 owner' statement was also misleading. >>

I'm sorry, I can't see how you have been misled. When the seller placed the ad, there was one previous owner. After you bought, there are now 2 previous owners. Your third-party report confirmed that, and you don't appear to disagree. I fail to see the point you are raising as I don't see any false claim - tho I accept there may be others, which is what you should focus on.

When the seller placed the ad, there were two previous owners.. The owner of the car from new, then the second owner who sold the dealer the car.


The dealer buying the car doesn't count in ownership number terms - at the point you bought the car it had 1 previous owner and the current owner - that's how it's always worked.

That logic may annoy you but you need to focus on the car's real issues.

Consumer law -previous owners not as car ad stated - Bromptonaut

We have been advised to put all matters forward in the complaint, rather than adding bits later, and to not miss anything out.

Getting it all in one comprehensive 'hit' is absolutely solid advice. That way you only need to add to it if something comes to light subsequently.

I didn't want to go into the whole saga, as threads then veer off into a different territory than the query raised, and it's impossible to get back on track.

Sort of, but if there's a catalogue of issues then, when seeking advice, probably best to bring them all out.

If the car was sold with a catalogue of faults, some of which affected its being roadworthy, I'm not sure something that the seller can claim was a cock up or misunderstanding, is going to be decisive.

Edited by Bromptonaut on 12/05/2023 at 13:35

Consumer law -previous owners not as car ad stated - Sadie100

Ah well, things just got worse...

He has the car, as he took it back to look at why smoke was coming out from under the bonnet. He loaned us an old Smart car in the meantime. He called me to say he can't find anything wrong and to come and collect it.

We decided to reject the car, as so much else had gone on, and messaged the trader to say so.
We could only do this through an online 'Message us' general form as he would never give us an email or mobile number, just landline.
I did say at the end of the message that I hope we can sort matters respectfully (I said that, because he is the most angry guy I've ever known, and hands up, it's my mistake for not reading all reviews where previous customers have said the same about him)

In the message I politely asked for him to email me with his response to my request to reject the car - I haven't dared to mention consumer law breaches.
I asked him to email me because he doesn't call, and us using a 'Message Us' form gives us no proof of sending.

We'd not heard anything, and Trading Standards said if he didn't agree to a refund, to go get the car back and get an independent inspection done.

I've just called the dealer, and all I managed to say was: "Hello, I'm just calling to hear your intentions regarding my message" He was raging: "You told me to email you. I don't want to speak to you further!" and slammed the phone down.
I had envisaged him reacting like this, so was careful to remain polite, but thought I might get some conversation out before he imploded.

We have no child car seat for the little grandchild or our possessions from the car. Lord knows when we'll get those now.
I don't even know if we should carry on using the Smart car. We've only used it twice, but can that go against us? I can't return it either.

Consumer law -previous owners not as car ad stated - _

Well, Sadie,

Between this one and your recent Renault scenic with various defects and the sidelight bulb issues, you are not having a lot of luck.

As others will add, do your research BEFORE buying next time, and remember, most car salesmen are economical with the truth.

Simple, return the smart car, collect yours and then when you have possesion go down the legal route if you want. It'll cost you money with no guarantee of sucess.

If you still want, we can close the thread.

ORB moderator.

Consumer law -previous owners not as car ad stated - Sadie100

Well, Sadie,

Between this one and your recent Renault scenic with various defects and the sidelight bulb issues, you are not having a lot of luck.

As others will add, do your research BEFORE buying next time, and remember, most car salesmen are economical with the truth.

Simple, return the smart car, collect yours and then when you have possesion go down the legal route if you want. It'll cost you money with no guarantee of sucess.

If you still want, we can close the thread.

ORB moderator.


I just looked, and I last spoke to you 7.5 weeks ago.
My final words were:

"Thanks again for your help and discretion.

Kind regards

Sadie"

Sadly, I get people wrong all the time. So disappointing.

Yes, do close the thread please.



Consumer law -previous owners not as car ad stated - _

All of your posts are available for anyone to see, 3 separate threads.

Nothing indiscreet.