Our member advertised a van with a full service history(FSH). Why? Because the vehicle had a service book all neatly stamped as and when it ought to have been, which was supplied shortly after the sale.
The purchaser, however, was not satisfied and demanded to be given all the service-related documentation to prove that the service book had been stamped correctly.
Not surprisingly, our member did not have this documentation and, in any event, it can cause problems if such documents contain personal information about a previous keeper of the car.
The buyer issued court proceedings for over £1000 because he did not get the servicing paperwork, which he says he was entitled to receive on a van advertised as having a FSH.
Mediation was not successful.
Our member took it upon herself and obtained, directly from each garage that had serviced the van, the receipts and evidence that servicing had indeed taken place and sent them to the Claimant (minus any personal details that may have been present).
The Claimant insisted on still bringing the matter to court.
The judge dismissed the claim on the basis that now that the purchaser had received the service-related documents, he had suffered no loss.
But – the judge ordered that the Claimant was still entitled to recover his court fees from our member due to the lateness in which the service-related invoices/receipts were provided!
The judge was not interested in hearing any submissions that the FSH ought to relate to a stamped service book only. She seemingly was of the opinion that if a car dealer advertises a car with a full service history, then they have to prove it with documentary evidence of each and every service that the car has ever received.
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