I bought a two-year-old car from a reputable local dealership and it was described as having one previous owner.

After its annual service I checked the service book only to discover the car was brand-new and had started with my ownership, so gave no details of previous ownership or servicing.

This led me to investigate the history of the car, and I have since discovered that it was sold by the manufacturer to a lease company, which became the owner. 

The vehicle then went to a car hire company, which leased it out to its own customers but never owned the vehicle. The dealership then obtained the car and it was sold to me as a one-owner vehicle.

The car has indeed had ‘one owner’, which was the lease company, but is this just a technicality? 

Does the description on my registration document that says ‘one previous owner’ accurately describe the previous history of my car?

David Tate, Guisborough.

Hidden history: A reader was shocked to discover the 'one previous owner' car he'd bought had actually been owned by a lease company

Hidden history: A reader was shocked to discover the 'one previous owner' car he'd bought had actually been owned by a lease company

Hidden history: A reader was shocked to discover the ‘one previous owner’ car he’d bought had actually been owned by a lease company

Dean Dunham replies: The car hire company was clearly the registered keeper of the vehicle while it was in its control, but not the owner.

The registered keeper of a car is the person who drives the vehicle and generally has it in their possession, while the owner of a car is the person who purchased the vehicle and registered it with the DVLA.

The description ‘one previous owner’, therefore, appears to be accurate. However, the fact the vehicle has been used for ‘hire’ was clearly ‘material information’ likely to influence any consumer’s decision, as there has always been a stigma attached to vehicles that have previously been used for hire. 

So you should have been informed, and the fact that you were not gives rise to two consequences for the dealership.

Firstly, you will be entitled to either a price reduction (to take account of the diminution in value of the vehicle), or to rip up the contract and hand the car back — although the dealership will be entitled to withhold some monies to allow for the use you’ve had of the vehicle.

Secondly, a criminal offence has been committed under the 2008 Consumer Protection from Unfair Trading Regulations, which state that traders must not omit information that is likely to impact the consumer’s purchasing decision.

As a consequence, the dealership could be prosecuted in a criminal court. This is why it is always advisable to ask how many ‘registered keepers’ there have been when you buy a used vehicle.

Dodgy download cost me £149 

I downloaded video-editing software on to my Mac computer, which cost me £149. The software clearly hasn’t downloaded properly as it won’t work.

I contacted the supplier 11 days ago, but so far it has failed to assist me. Do I have any rights?

Andrew Ericson, via email.

Dean Dunham replies: Part of The Consumer Rights Act 2015 is specifically dedicated to digital downloads (such as software), and provides that they must be as described, fit for purpose and of satisfactory quality.

This is clearly not the case in relation to the software you have downloaded — meaning you will be entitled to a remedy.

The usual remedy under the Act is for the seller to provide you with replacement software, free of charge. But if it cannot do this or fails to help, you will be entitled to a full refund.

If you paid with a credit or debit card, consider a chargeback claim via your bank or card provider if the seller does not provide a suitable remedy.

  • Write to Dean Dunham, Money Mail, Scottish Daily Mail, 20 Waterloo Street, Glasgow G2 6DB or email [email protected]. No legal responsibility can be accepted by the Daily Mail for answers given. 
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This post first appeared on Dailymail.co.uk

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