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Discussion Starter #1
Hi All

Only my second post here and not one i really wanted to make.

We picked up an Cherished 03 MCS on Saturday from our local MINI dealership - my wife is over the moon and loving every minute of Mini ownership !!

Unfortunately whilst looking through the service history on the way home i noticed an odd date on the last service stamp.

It now seems that the dealership has added a service in the book that hasn't ever happened.

Luckily i know a BMW guy who checked the UK database and confirmed the following is on the system.

oil service 12xxx miles x/2004
inspection one 31xxx miles x/2005
brake fluid 42xxx miles x/2006

Added by my dealership is

oil service 42xxx (exactly same as brake fluid) miles x/2008 (not on the Mini UK service database)

The x/2008 relates to when the brake fluid inspection was next due (which isn't for a few months yet)

Also they seem to have attempted to hide the dealership name on the stamp but left the phone number showing (which is my local dealership not the one where the brake fluid was carried out) - DUH !!

I have to admit I'm now right royally p*ssed off. I feel i now have a car that can no longer be classed as "Cherished", and has probably devalued overnight as it has a false service history.

Just looking for peoples opinions on how to approach the dealership, or should i go higher and straight to MINI UK ??

I really think I'm in Trading Standards territory here - as i think I've been fraudulently sold this car.

This has really left a bitter taste in our mouths as its the first time we dealt with mains dealers and i feel well scr*wed.

Thanks in advance for any advice.

Oh and other than that - its a really nice car and i was looking forward to applying some subtle mods :frown:

D.
 

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Giggity-goo!
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If they have falsified the service history, then I am sure that will void the contract of sale?
 

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EFCin your heart and soul
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I would report the dealership but copy them into your letter of complaint.
 

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Making it add up
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I suggest speaking to the dealer and explaining your concerns. You need to find out if there was a recent oil service. If so when. This should be traceable on the dealers records. If there is a job card for one which is not on the computer system the the computer record needs updating. If there is no record of one then the service book is incorrect.

Then you need to find out if an oil service is due. If so then ask for it to be carried out and the computer and service book updated to record it.

I don't think a defective entry in the service book makes the contract of sale voidable.
 

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Giggity-goo!
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2,670 Posts
If they have falsified the service history, then I am sure that will void the contract of sale?
I suggest speaking to the dealer and explaining your concerns. You need to find out if there was a recent oil service. If so when. This should be traceable on the dealers records. If there is a job card for one which is not on the computer system the the computer record needs updating. If there is no record of one then the service book is incorrect.

Then you need to find out if an oil service is due. If so then ask for it to be carried out and the computer and service book updated to record it.

I don't think a defective entry in the service book makes the contract of sale voidable.
Perhaps if defective, but I said falsified. I agree though that the first action would be to confirm whether it is an incorrect computer entry or not.
 

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Making it add up
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Perhaps if defective, but I said falsified. I agree though that the first action would be to confirm whether it is an incorrect computer entry or not.
The test of whether the contract is voidable relates to inherent qualities and defects in the goods as delivered. I don't think that the motivation of the dealer in providing the vehicle with an incorrect service book is directly relevant to this test.

However, I would accept that, if the service book had been deliberately falsified,
the dealer may be seen as less than trustworthy and his evidence may tend to be discounted in any legal proceedings in connection with the contract
 

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Discussion Starter #7
I have checked with the dealership that did the brake fluid service and they confirm they did NOT carry out an oil service at that mileage according to their in dealership system.

My dealership has stamped the book with the mileage of the brake fluid service with a future date not yet reached.

Ignoring the entry by my dealership the last actual service took place in early 2005.

This all adds up to falsification to some degree



D
 

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IJ 2009 - Team 81
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You need to give the dealer a chance to prove that a service ocurred, copying MINI Uk into any correspondence. The computer system should be the proof though, or an invoice. After all if they can falsify a service book, a job card should'nt be too difficult, unless it's all electronic.

I would speak to trading standards though asap and get advice. After all if the service records are false and the car was sold with FSH by the dealer they are guilty of selling you a car that is not as described.
 

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Giggity-goo!
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The test of whether the contract is voidable relates to inherent qualities and defects in the goods as delivered. I don't think that the motivation of the dealer in providing the vehicle with an incorrect service book is directly relevant to this test.

However, I would accept that, if the service book had been deliberately falsified,
the dealer may be seen as less than trustworthy and his evidence may tend to be discounted in any legal proceedings in connection with the contract
Assuming that the dealer did not falsify the service book and that there is no job card, so there was no service at all at the mileage stated but the service book was stamped anyway, would that not be a misrepresentation (albeit an innocent one)? When buying a used car a full service history is a desirable addition to the car, which could be seen as an inducement for the buyer to enter into a contract of sale.

If this is the case and it is an innocent misrepresentation, does not that cause the same outcome as a fraudulent misrepresentation and void the contract? So in effect in darbyweb's situation, the contract of sale will be void unless this was just a case of someone not updating the dealer's computerised service records?
 

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IJ 2009 - Team 81
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From the link at the bottom of this post (trading standards)

Action to take

If you have bought a car from a trader, which turns out to be faulty or which you think has been misdescribed, you need to take action straight away.

The Sale of Goods Act 1979 states that, if you can show the goods to be faulty, not fit for their purpose or misdescribed, you have, for a short time after purchase, a right to reject them and get a refund of the purchase price.
If you decide to reject the car, stop using it at once, contact the trader to discuss the matter and make it clear that you wish to reject. Follow up this approach with a short letter explaining the nature of the complaint and confirming that you wish to reject and get your money back. Try to make an appointment to discuss the matter with someone responsible at the garage but, remember, if you wish to reject, it is important that you put it in writing as soon as possible.
Trading Standards Central - Consumer Advice Leaflets
 

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Discussion Starter #11
The FSH/Cherished element was why we purchased from a Mini dealership.

Our thinking behind this was this would ensure proper servicing had been carried out to satisfy BMW/Mini to be able to give it Cherished status....


D
 

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Back In A Clubman 23yr On
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You need to give the dealer a chance to prove that a service ocurred, copying MINI Uk into any correspondence. The computer system should be the proof though, or an invoice. After all if they can falsify a service book, a job card should'nt be too difficult, unless it's all electronic.

I would speak to trading standards though asap and get advice. After all if the service records are false and the car was sold with FSH by the dealer they are guilty of selling you a car that is not as described.
+1 on all of above....however, I would add, that if the deception has been for increased monetary gain, then it is a clear criminal offence by "an individual" within the organisation.

Either which way, if it is proven to be fact, it is a despicable act :aargh:
 

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Go to where you brought it - find some more information, if it is false then thats against the law? But if you love the car and want to keep it it might be worth asking for some money back and a couple of free services!
 

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Discussion Starter #15
Go to where you brought it - find some more information, if it is false then thats against the law? But if you love the car and want to keep it it might be worth asking for some money back and a couple of free services!
Wife certainly doesnt want to part with it - my issue is that with a possibly incomplete service history it will have lost value and will be a lot harder to resell at a later date - as an example a Mini dealership will not want it as they wont be able to sell it as 'Cherished'



D
 

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Discussion Starter #16
A question for the tech guys out there. Modern car keys and OBCs keep a log of all sorts of stuff, does this include when the service light was reset?
Valid point - i have some ODBC software i might stick it on and see what info it pulls up....

(assuming its not detectable when viewing only)



D
 

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Making it add up
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I have to say that if I was trying to falsify a service book, I would put in a mileage and date that appeared related to one another. Putting a mileage in which was reached in 2006 and a date in 2008 which has not yet arisen looks more like a mistake than fraud to me.

Before one can consider rejection one needs answers to these questions:

1. When was an oil service due?
2. If it is due or overdue was it carried out?

If the responses indicate that there was a material misrepresentation made in connection with the sale then the contract might be voidable. But I think some more information is needed in order to help to decide how best to respond to this situation.
 

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Discussion Starter #20
I have to say that if I was trying to falsify a service book, I would put in a mileage and date that appeared related to one another. Putting a mileage in which was reached in 2006 and a date in 2008 which has not yet arisen looks more like a mistake than fraud to me.

Before one can consider rejection one needs answers to these questions:

1. When was an oil service due?
2. If it is due or overdue was it carried out?

If the responses indicate that there was a material misrepresentation made in connection with the sale then the contract might be voidable. But I think some more information is needed in order to help to decide how best to respond to this situation.
Yes i agree that an intelligent person would think a little more about dates and mileage, but...

1. Oil service would have been due a maximum of 2 years from the "Inspection I" i believe therefore giving a due date of mid 2007.
2. If it was carried out it is not on the Mini UK database, and i must assume my dealership could not find it either, which is why..
3. The dealership use the mileage of the brake fluid change and the date the fluid change dictates it should next be changed, i.e later this year
4. Finally a cynical man would ask why the service stamp applied by the local dealership had the dealership name missing.... :wink:


D
 
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