I recently purchased a used car from an independent garage. During the sale process I was told that all of the paperwork was with a Director and that I could see it prior to purchase.

I agreed a price and when I came to collect the car I was told that the "paperwork" had been sent to the DVLA, I asked whether the service log was available and was told that the "log book" had been sent to the DVLA.

When I got home I called the DVLA and they told me that they had no requirement to have the service history sent to them.

I called the garage the following day and they told me that the car had no service history, that the term paperwork meant the V5C and the MOT and as a result they were unwilling to take the car back. Are they being fair to me?

When I talk about "paperwork" relating to a car when I am looking to purchase it I assume that this would cover all paperwork relevant to the valuation of the car. I certainly wouldn't have bought the car if it didn't have a service history.

I have also subsequently discovered that the car had an advisory related to 3 tyres on the MOT, one of which was described as dangerous due to perishing rubber, surely they have a duty of care to me to advise of this?