MY RESPONSE TO A CAR MIS-SOLD AND STATED AFTERWARDS AS A RESTORATION PROJECT – 17/02/2018

The title of this blog is self explanatory although by way of a brief background, a husband in the Isle of Man bought his wife a Jaguar XK 4.2 litre convertible from a UK Jaguar dealership as a Christmas present as she was diagnosed with terminal cancer.

The car needed extensive work doing to it to make it roadworthy and although about 2.5 years has elapsed, this does not get the dealership entirely off the hook and the video that was relied on is a clear misrepresentation.

So, after a few e-mails have been swapped and they are no further forward, I was asked to step in to assist with this.

Here is my letter which should shake things up;

WITHOUT PREJUDICE

Dear…………….,

We write to you in response to your reply regarding our purchase of Jaguar XK Registration Number xxx – VIN xxx, the content of which we note.

I need to express my sheer disappointment at the Jaguar my husband bought me as a gift due to my terminal cancer prognosis.

You state that we bought it as a restoration project.  In no way would this be possible or true in my condition and it is clear that this is not your speciality.

You make no reference to this in the video you sent and we relied on in good faith, and we attach a copy for you to review.

The only problem mentioned on the video was the ‘dirty headlining’, and no reference to any rust issues, cosmetic or otherwise. 

Opinions are like arseholes and everyone has one, although I would welcome yours regarding this video.

We note that your dealership has a ‘10 point customer promise’ that all used Jaguars must pass.  The promise is the ‘reassurance that the car you choose is in the best possible condition before you are hand over the keys.’

Also, you state that ‘you drive away in your chosen car, safe in the knowledge that you will receive an after sales service that is second-to-none’. Unfortunately, this is far from the truth in our experience. 

Please can you clarify, advise and evidence that this vehicle had a ‘10 point customer promise’ check.

The car has not been stored in the open air and the severe amount of rust does not reflect a 2002 car.  All the faults were not mentioned when sold to us. In fact, the salesman stated that it is ‘a very nice car’.

We wish to draw your attention to the Consumer Rights Act 2015, which states that;

  • Satisfactory quality  

Goods shouldn’t be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question. For example, bargain-bucket products won’t be held to as high standards as luxury goods. 

  • Fit for purpose  

The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods. 

  • As described  

The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.

Furthermore, we wish to draw your attention to the Misrepresentation Act 1967, which states;

Fraudulent misrepresentation

A fraudulent misrepresentation occurs when someone makes a statement that – 

  • they know is untrue, or, 
  • they make without believing it is true, or, 
  • they make recklessly (i.e. that person does not care about whether the statement is true or not).

If you enter into a contract as a result of a fraudulent misrepresentation, then you can choose to unwind the contract, claim damages, or both. You may lose your right to cancel the contract, however, in certain circumstances detailed below.

Please clarify and evidence that you have not breached any of the above points noted in the Consumer Rights Act 2015 and the Misrepresentation Act 1967 in the sale and purchase of the aforementioned vehicle.

We thought and believed that we were dealing with a professional and well-respected prestigious dealership with good morals and ethics, and not one that would make Arthur Daley blush with shame.

An Ombudsman and Court will clearly agree that this was not sold as a restoration project and I am offering you one final opportunity to do the right and decent thing in accordance with your ‘Treating Customers Fairly’ charter.

If we do not hear from you within 7 working days, we shall pass our case over to the Ombudsman and Small Claims Court without further reference to you.

Yours sincerely,

XX

I will provide an update on this blog in due course, although I won’t let this case go and I shall swallow up as much time, money and resources until I get the result that I want every time.

I cover various aspects and real-life scenarios involving the Consumer Rights Act 2015 complete with templates based on real-life test cases that work in my book now on sale via Amazon as an e-book and paperback priced £2.99 / £7.99.

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