I am looking to find a way of obtaining history for my Jag X Type. It was sold to me with some major faults (denied by the previous owner) and we are looking to prove he may have known about them previously.

 

I've tried calling the local garages to where he lives, but after about 22 realised there were 80 odd to call! I assume diagnostic machines don't store the history of when lights come on?

 

I'd be grateful for any advice.

Hi Paul, have you any specific major faults for which you are attempting to trace? Would it be mechanical or otherwise. You can obtain the mileage readings year by year from the VOSA website to identify correct speedo readings etc and quite often the MOT station whom performed the test that may give you an indication as to where the previous owner went for his / her servicing etc therefore, a good place to start in search of answers.

Good luck, let us know how you get on.

Hi Paul, and welcome to the Club.

A good diagnostic system can store of lot of fault codes, but the bad news is that they can also be erased.

Tracing back the MOT certificates can help and should be with any documentation received when you bought the car.  If the previous owner has passed on the service history, that will also help, and with a late model X Type these documents should exist.

When I sold my Rover 825 4 years ago I passed on all the Manuals, all the MOT certificates, and all receipts for work done over the 11 years I had the car. You should have had those if he had nothing to hide. If he didn't, on the balance of probability, there was something to hide.

There are members who know a bit more than me about the law who will also advise.

It could also be possible that the DVLA will assist you in finding some detail, including the MOT history.  They can be very helpful, particularly if you are patient with them.

I hope this gives you a lead to work on.

Regards,

Peter.

Thanks for the responses so far. The faults ended up being the Turbo and alternator pulley (which had been sprayed with wd40 to hide the noise it was making), and brake pads and discs fitted incorrectly which made them dangerous.

We are going through small claims at the moment, and the seller has defended the case saying it was my responsibility to get it mechanically checked prior to sale (correct) and that there was nothing wrong with it (incorrect - engine management light came on when we drove the car away from the sellers house!!!). I have a letter from a local garage confirming the faults and existence of WD40, diagnostic reports, and text messages from the seller claiming it to have nothing mechanically wrong with it and be in fantastic condition (around 20 messages). I am aware that with used cars it is buyer beware, however according to citizens advice the sale of goods act covers used car sales from private if the car was misrepresented, which I'd suggest this was. The seller claims he said these things in good faith and he is not a mechanic. I know a barrister who has looked over it and said we have a reasonable case, but obviously it comes down to the court to decide and could go either way.

Oh, and the seller himself bought the car for 6000 and sold it to me for 3700 4 months later....

I'm just trying to get any additional available evidence to negate the need to go to court.

PS. In the 4 months he had it the seller did not need it serviced or MOT. I've called the garage he got it from and they said it was fine when they sold it to him. I have the full service history.

Just like Peter have explained I also have always kept and passed on receipts for work done along with MOT certificates for all of my vehicles. Again if he has something to hide then the probabilities are then he has not passed them on to you. The legal side of matters is a grey area although, I am an Electrical Engineer by profession I have studied law part time in the University of Glamorgan and it is very vague area and likewise can go either way. The one thing that goes in your favour over and above what your Barrister friend has advised is that the judiciary uses the terminology reasonable. For example, would it be reasonable for a buyer to believe the seller when he has stated the vehicle to be in good mechanical condition? Would it be reasonable for the seller to hide the fact that there was a known problem with the turbo pulley by lubricating it with a well known anti squeak and quietening fluid? etc. Have you any evidence to whom fitted the the brake pads and discs i.e. was it the owner if so then you can put it to him in a Courtroom "What qualifications do you hold to perform such a task" The judiciary frowns on DIY expecting a tradesman to perform tasks to a reasonable satisfactory condition. Don't be nervous of the Courtroom especially small claims they are there to assist and resolve such issues.

He denied the WD40 on the pulley claim, instead stating he sprayed wd40 on the engine cover only, "to give it a nice sheen". I would suggest something of a coincidence that both he and the mechanic mention WD40.

Equally he states he didn't fit the brakes so had no idea of their workmanship. His defence pretty much blames me for not getting the car checked over, and claims he made the comments because he thought the car was in good shape, not because he is mechanically trained. My argument will be that if he was not professionally trained to make those misleading statements, then he shouldn't have done. As you say, it comes down to luck on the day I guess. But we have a statement from our local garage with mention of the faults and wd40, all the text messages and a few other little bits.

The important bit to argue his case; Was the vehicle advertised "Sold as seen" or words to that description. If I could see sight of the original advertisement then I could possibly build a case against his argument of you should have inspected the vehicle prior to purchasing. There is many arguments within the Sale of Goods Act [1979] and sellers responsibilities that would work in the purchasers favour however, the advertisement portrays the full picture.

That's really kind. I'd be happy to send you the advert, and copies of the text messages he sent prior to sale with the assurances of it being a mechanically sound car? Is there an email I can send it to? Thank you very much.