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BMW 1 Series - Car sold with service history when it had none. - jazzyman

My daughter purchased a 2014 BMW 114 from a large car sales in South Wales. When she purchased the car the salesman said the car had a full service history. When she got home she checked the car documents and there was no sign of any service history. Apparently BMW service history is recorded on a computer. She contacted BMW for a service history check and she was informed that there is no record of any service history on her new car. She feels that she has been conned by the salesman and the information that the car had a service history was verbal.

She paid over the odds for this car due to the false information from the salesman. Is there any legal action that can be taken? She's had the car for around two weeks now and put a complaint in to the car sales company, who are not interested.

BMW 1 Series - Car sold with service history when it had none. - RobJP

Unless she's got a record of the question being asked and answered then it's her word against theirs. Nothing that can be done.

Sorry to say this, but when she asked the question she should have then followed it up with "OK, let's see it then".

A harsh lesson learnt. You can tell when most salemen are lying - their lips move.

BMW 1 Series - Car sold with service history when it had none. - Brit_in_Germany

Try contacting the previous owner.

BMW 1 Series - Car sold with service history when it had none. - jazzyman

How do I obtain the details of the previous owner?

BMW 1 Series - Car sold with service history when it had none. - Palcouk

Should bo on the Reg doc

See if you can get a copy of the sales advert, to asertain whether it mentions History

A 2014 BMW should have been recorded on the BMW service data base. If the car was sold at a premium then that tends to suggest that it was correctly serviced and if this is not the case you may have a case to reject or obtain a reduction on the price paid. A BMW for which no records exist is a mobile disaster waiting to happen.

BMW 1 Series - Car sold with service history when it had none. - Gerry Sanderson

Speak to Trading Standards.

Not sure as I have not looked it up but new Fraud Act passed last year that made it a criminal offence to gain benefit from something that it is not.

dvd

BMW 1 Series - Car sold with service history when it had none. - jazzyman

Found out the last owner was a company and was a fleet car, which was not mentioned when the car was purchased. Is there a legal requirement to notify the new buyer that the vehicle was an ex-fleet vehicle?

BMW 1 Series - Car sold with service history when it had none. - RobJP

Found out the last owner was a company and was a fleet car, which was not mentioned when the car was purchased. Is there a legal requirement to notify the new buyer that the vehicle was an ex-fleet vehicle?

No. There is a requirement in law to inform a buyer if a car is an ex-rental or similar, but not if it's been a fleet car.

In general, fleet cars are well maintained and not hammered by drivers. There is paperwork to fill in every single day for journeys, detailing any problems, etc. The servicing is usually carried out on the nail - as there would be a huge legal liability for the fleet operator if something happened due to lack of maintenance. And finally, it isn't going to have been hammered at huge speeds because it means someone potentially losing their job (or, at the minimum, facing disciplinary action) if they do drive it like a lunatic.

There will always be exceptions. But it is your (or your daughter's) responsibility to find out stuff BEFORE signing on the dotted line and handing over money. Not after the event.

BMW 1 Series - Car sold with service history when it had none. - jazzyman

Thanks RobJP. I agree she should have been more careful before signing on the dotted line. She undoubtedly paid too much for the car especially it has now come to light the vehicle was an ex-fleet car. There is currently a new petition going around which is trying to put a stop car sales dealerships withholding information if the previous vehicle owner was an ex-rental or ex-fleet vehicle - usedcarscandal.co.uk

BMW 1 Series - Car sold with service history when it had none. - RobJP

Thanks RobJP. I agree she should have been more careful before signing on the dotted line. She undoubtedly paid too much for the car especially it has now come to light the vehicle was an ex-fleet car. There is currently a new petition going around which is trying to put a stop car sales dealerships withholding information if the previous vehicle owner was an ex-rental or ex-fleet vehicle - usedcarscandal.co.uk

The law already covers ex-hire cars.

As to 'ex-fleet' cars, it's impossible to tell what is or isn't 'fleet'.

For example, my current employer we have 2 cars for use. Both are 4 years old, have about 70k on the clock, are immaculately cared for ... but these cars are available for anyone out of the hundred or so people in the organisation to use. Are they 'fleet' ?

Contrast that with my old employer. A similar system, similar vehicles, but only 5 people in the company. Is that a 'fleet' ?

The precise definition of what is (and, just as importantly, is not) 'ex-fleet' is virtually impossible to make. Is it 2 cars ? Ten ? A hundred ?

Is it 2 potential drivers ? Ten ? A hundred ?

Now, add that to the fact that, in both of those cases, the cars were/are leased. So owned by a leasing company. So the registration states 'XYZ leasing' ... just as it would if a private individual had leased the car !

So this 'petition' seeks to get the second hand car sales company to determine whether or not a previously leased car was private or 'fleet', and to give that information on to the future buyer - exactly how I've no idea at all, as any information the lease company hold would be subject to data protection and pivacy laws, and they aren't going to give it out.

BMW 1 Series - Car sold with service history when it had none. - Bromptonaut

Personally I'd regard an ex-fleet car, provided history was available and not a low mileage urban pool car, as a positive. Three years old and 70k miles would look about right - far better than 'one lady owner' and quite a bit cheaper too.

BMW 1 Series - Car sold with service history when it had none. - pd

What's wrong with an ex-fleet car?

I can't see any reason why that matters. A car is in a certain condition and has a certain history - who owned it isn't really relevant.

Fleet cars from the larger companies are usually far, far better maintained than scrimping private owners who skip services, don't bother fixing minor faults and fit Linglongs instead of Pirellis even on expensive cars.

BMW 1 Series - Car sold with service history when it had none. - 72 dudes

Fleet cars from the larger companies are usually far, far better maintained than scrimping private owners who skip services, don't bother fixing minor faults and fit Linglongs instead of Pirellis even on expensive cars.

No, no and possibly no. It depends hugely on the driver of the fleet vehicle.

I also have to disagree with RobJP's comment about filling out paperwork after each journey.

I drove company cars, part of a fleet, between 1989 and 2006 (about 5 different employers) and not once did I have to fill out paperwork of this nature. We had to submit business and private mileage every month, sure, but the maintenance of the vehicle was down to the driver with no reminders or requests from the employer.

My cars were looked after and driven with care and attracted a waiting list after 3 years on lease of people who wanted to buy them.

I can mention certain colleagues (mainly female) who regarded having to book the car in for service as a major headache and disruption to the routine! One even said one day: "The oil light has been on for a while so I'd better put some oil in it" (Audi A4 TDi)

Sometimes if an employee left (or was fired more ususally in the case of the National Accounts Team) the car would be kept on as a pool car for the more junior members of the department to use instead of hiring a vehicle. One I remember was a BMW 318iS coupe. Because nobody was responsible for caring for it, it deteriorated rather quickly. The brakes were dangerous and apparently it shook like a good 'un over 60MPH. MOT failed at 3 years old and less than 70k on the clock.

One of my old company cars, a 2000 model Audi A6 1.8T is still trundling around North London (according the the MOT History check before they deleted the MOT station details) having done 210k miles. I think I put about 67k on in the first 3 years and the car was as new

So personally, I can't agree that ex fleet cars are a good idea unless the provenance is known. And how the heck would you know unless you had some connection to the driver?

.

BMW 1 Series - Car sold with service history when it had none. - RobJP

Fleet cars from the larger companies are usually far, far better maintained than scrimping private owners who skip services, don't bother fixing minor faults and fit Linglongs instead of Pirellis even on expensive cars.

No, no and possibly no. It depends hugely on the driver of the fleet vehicle.

I also have to disagree with RobJP's comment about filling out paperwork after each journey.

I drove company cars, part of a fleet, between 1989 and 2006 (about 5 different employers) and not once did I have to fill out paperwork of this nature. We had to submit business and private mileage every month, sure, but the maintenance of the vehicle was down to the driver with no reminders or requests from the employer.

That may have been true even a decade ago, but case law and the law itself have changed the situation a lot.

These days, if a pool car is caught speeding, and the company or 'body corporate' cannot (or will not) identify who was driving at the time, then the directors of the company (or the company itself) can (and probably will) be prosecuted for failing to keep records (under Section 172 of the Road Traffic Act), and the directors (if it is felt that such lack of record-keeping was 'connived') can also be prosecuted for the original offence as well.

Just because something was common practice over a decade ago, doesn't mean a damn thing now.

It used to be 'common practice' to not belt kids up in the back of cars, remember ...

BMW 1 Series - Car sold with service history when it had none. - 72 dudes

Ah OK Rob, maybe we're talking at cross purposes here? You're talking about 'pool cars' whereas I was referring to the standard user-chooser company car given to the employee as a part of his salary, whether 'perk' or 'neccessity'

BMW 1 Series - Car sold with service history when it had none. - skidpan

Whenever we used a company car at the last 2 companies I worked for (1996 to 2016) we had to fill in the vehicle log book which was kept in the car. That applied to "pool" cars and "designated" cars. Log books we checked frequently but were used mostly when the inevitable tickets arrived.

Failure to comply was a breach of our employmeny T & C's and could result in dismissal.

BMW 1 Series - Car sold with service history when it had none. - pd

There are plenty of private owners who drive like a tit and ruin a car and plenty of fleet ones too.

I'm not convinced there is any difference. Just because a car has a person's name in the logbook doesn't mean they have treated the car well or any better than a fleet owned car.

There are loads of very abused, completely unserviced and generally scrimped on private owner cars out there. In fact, as cars get bought more and more on fiance often up to an absolute maximum budget there is less and less left over for looking after a car by private owners.

It is all rather pointless anyway. Judge the car not the previous owner's name. It can have been owned by a Vicar who had it servcied 246 times in 3 years but if the DMF is knocking and the timig chain is flapping around it's a duffer.

BMW 1 Series - Car sold with service history when it had none. - Bianconeri

Whenever we used a company car at the last 2 companies I worked for (1996 to 2016) we had to fill in the vehicle log book which was kept in the car. That applied to "pool" cars and "designated" cars. Log books we checked frequently but were used mostly when the inevitable tickets arrived.

Failure to comply was a breach of our employmeny T & C's and could result in dismissal.

When my company had a pool car (a magnificent Honda Jazz that simply never went wrong, but I digress) the keys lived in my desk. The spare set was at home. To get the keys you had to ask me or , worse, the Finance Director (SWMBO). You signed the log with date and time and got the keys. Until you signed the key back in all tickets were down to you - though we never got any. We actually took the time to explain just why the process was in place and why it worked that way. Our ethos was always that we employ adults, we treat you like adults, so please behave like adults.