Used car consumer rights

Treadway1

Hi all,

Ive also posted this question on the Motoring forum but thought it might be more appropriate here.

I just wondered if anyone could give me any practical knowledge of the legal rights you have when buying a used car from an independent car dealer, by which I mean its a small car lot and not a main dealer franchise.

Basically, I bought a Volvo C70 just over three months ago which was advertised as a 2.4 litre Turbo and paid £2750 for it which was slightly over the asking price but I didnt mind cosmetically it looked a minter. Anyway, Ive recently given the car to a friend who owns a garage as the brakes needed changing and the first (Minor) problem I had is that I wasnt given the locking wheelnut key by the dealer and having spoken to him about it, he never had it. Thats was fair enough, but then my friend came back and told me that the car wasnt actually a Turbo as described and that it was a satndard 2.4 litre. When I first drove the car, I did notice it wasnt as fast as I thought it might be but simply put it down to the fact that it was (or I believed it was) a Low Pressure Turbo as alot of Volvos are.

Add to this the fact that there are other problems with fuel regulator sensors and Im obviously not very happy. Ive spoken to the dealer again this afternoon and explained all this and he's stated that he will speak with the manager and get back to me in the morning. The thing is that since that phone call, Ive had yet another call from my friend who's has told me that one of his mechanics (who happens to be S**t-hot on Volvos) has said it appears that the mileage has been tampered with and that he believes the car has done a hell of a lot more miles than its currently showing.

So my question is, where do I stand legally with regards to returning the car and getting all my money back? Before I found out about the mileage problem, I would have been happy to accept a bit of money back but since being told that Im a biot concerned with what other problems the car might be hiding and would much prefer to give it back.

Am I legally entitled to demand my money back?

Thanks for any advice anyone can give.

Peter

Equaliser123

Your issue here is with proof.

Yes, you have rights under the Sale of Goods Act, Misrepresentation Act and an action for breach of a statutory duty under the Trade Descriptions Act.

Oh, if the odometer has been tampered with, then that is also a criminal offence.

Treadway1

Thanks for the reply

If Im honest, I have nothing solid to prove the odometer issue but Ill probably just mention this simply to bolster my argument instead of trying to take that further.

With regards the proof issue, I also thought this might be a problem but when I spoke with the dealer earlier, his frist words of reply were "Oh, but I thought all those C70's were either high or low pressure turbos". To be fair the dealer, thus far, has sounded pretty genuine and having now stated that he thought it was a turbo, I dont think he'll start trying to pull a fast one and saying it wasnt advertised as a turbo. My concern is that he'll start saying that I cant return the car and get my money back, hence my posting here in the hope that someone may be able to tell me if I am completely covered.

Tigsteroonie

Just mentioned on Watchdog - one of the ways to check whether a car has been clocked is to look at past MOTs and check the mileage recorded then.I now remember that I did this for my car when I got it last October!

http://www.direct.gov.uk/en/motoring/owningavehicle/mot/dg_10020539

neilmcl

If it was advertised as being a Turbo and isn't then it has been sold not "as described" and potentially for this alone you should be seeking a refund. How long have you had the car?

4743hudsonj

Equaliser123 wrote: »

Your issue here is with proof.

Yes, you have rights under the Sale of Goods Act, Misrepresentation Act and an action for breach of a statutory duty under the Trade Descriptions Act.

Oh, if the odometer has been tampered with, then that is also a criminal offence.

Its not a criminal offence to tamper with an odometer but is illegal to sell a car with one thats been tampered with

Equaliser123

4743hudsonj wrote: »

Its not a criminal offence to tamper with an odometer but is illegal to sell a car with one thats been tampered with

Agreed. That's what I meant. Thank's for clarifying. There is also an "intent" offence.

bingo_bango

Sorry to tell you both, but the Trade Descriptions Act has been repealed almost in it's entirety. The legislation that has taken over is The Consumer Protection from Unfair Trading regulations 2008 which is now the statutory legislation for these kind of offences.
A false odometer reading would be a misleading action per Reg 5. thereby creating an offence under Reg 9.

Treadway1

How uncanny? I also saw the wathcdog episode when I got home last night.... weird!

Anyway, Ive had the car for a few days over three months, does this make a difference, am I right in saying that I have 6 months to take up any issue I have with a used car from a dealer, or is this negated by virtue of the fact that the car is "Not as described"?

Thanks for the direct.gov link as well, Ill definately be looking at that later.... Should have brought all the documents in to work with me today!!!!

Equaliser123

bingo_bango wrote: »

Sorry to tell you both, but the Trade Descriptions Act has been repealed almost in it's entirety. The legislation that has taken over is The Consumer Protection from Unfair Trading regulations 2008 which is now the statutory legislation for these kind of offences.
A false odometer reading would be a misleading action per Reg 5. thereby creating an offence under Reg 9.

Yep, but the point is it is still the same principle.

Lightattheend

Hi there,just reading the thread with interest as I have just purchased a diesel mondeo from an independent dealer. I gave the car a thorough examination, took it for a test drive, looked at the paperwork provided - even checked the lights and wipers! The car appears to be in really good condition and runs well however on checking the MOT history the mileage goes 103,232 at first test (mar 2006), then 115616, 135046, 77993 and 83439!!!! Somewhere along the line, it appears the mileage has been 'clocked'. The Service record they provided shows mileages of 18621 in Mar 04 and 32361 in Mar 05 then 77993 in 2009 (matching the MOT I was shown). I have emailed the dealer with the details and asked him to respond letting me know what they propose to do but haven't had a reply yet, any idea what I should do now? I really just want to have a small refund on the price so I can get the car serviced and Cam belt done as the car has done atleast 50k more than I thought.

Thanks in advance,

Late