Bought a clocked car

mountainofdebt

Yes it is a gamble but I would find the money somehow, to sue the trader for the difference by going through the online site. At the end of the day if TS wins then you have an almost cast iron case against him and he would have to pay this money back if he lost.

You have to give him written warning though 14 days beforehand.

I would use the name he is being prosecuted under and can quote the name given to you when filling in the details bit.

Gene_Hunt_2

mountainofdebt wrote: »

Yes it is a gamble but I would find the money somehow, to sue the trader for the difference by going through the online site. At the end of the day if TS wins then you have an almost cast iron case against him and he would have to pay this money back if he lost.

You have to give him written warning though 14 days beforehand.

I would use the name he is being prosecuted under and can quote the name given to you when filling in the details bit.

and it will be up to the OP to enforce this.

carlandjulie

mountainofdebt wrote: »

Yes it is a gamble but I would find the money somehow, to sue the trader for the difference by going through the online site. At the end of the day if TS wins then you have an almost cast iron case against him and he would have to pay this money back if he lost.

You have to give him written warning though 14 days beforehand.

I would use the name he is being prosecuted under and can quote the name given to you when filling in the details bit.

Below is an email i recieved from TS just before Christmas,

If legal make the decision to proceed with a prosecution then a summons must be issued in March at the latest to be within time limits for issue.

The case itself likely to stretch over a period of time and with all prosecutions the result is never certain. Regardless of this I asked our legal officer, that in the case of a “guilty” verdict could we ask for a compensation order to be made in your favour. We discussed this possibility in detail and the legal representative recommends that you pursue your own civil case against the seller. If we were to be successful (and remember the burden of proof on ourselves is to prove beyond all reasonable doubt that offences were committed), any request for a compensation order will only be accepted at the discretion of the Judge which therefore may or may not be forthcoming. In a nutshell, a success in our criminal case does not guarantee you will be recompensed for your loss.
You can either seek the advice of a Solicitor to help you pursue a civil case or take a small claims action against the Trader.
Essentially you will be seeking compensation against the trader for the breech of the implied term (S.13) of the Sale of Goods Act 1979, i.e. that the goods should correspond with the (mileage) description which it obviously didn’t

I would be obliged if you keep me informed of how you intend to proceed in this matter.

It seems im being told to make a decision whether im going to claim through HMRC get a solicitor or let the court ask for compensation.What is the usual decision in this case with the judge.The only way i can secure a definate name and address to claim from is from the outcome of the case.And how reliable is their investigations and will they help with my claim?
I think not,they just want the conviction,they dont seem to be arsed that im the one who has suffered.

Smi1er

carlandjulie wrote: »

Im also in a dilemma about selling it.,do i correct the mileage to around a figure it should be and sell taking a loss,or do i say nothing sell and hope i dont get any comeback,which isnt really me.
Ive been offered from well known online buyer £2550 at 63000 with history and £1550 at 160000 with no history.

Carl

So let me get this right.

You bought a clocked car.

You are now thinking of selling that clocked car without declaring the fact:eek:

You stand to lose £1,000. This is a considerable amount of money but you have learnt a harsh lesson.

V5 not in sellers name usually means they're a trader. Hard to believe I know but service histories can be false, when you get the service history when viewing the car get out mobile phone and call the garages concerned to check details.

Yes you could go down the route of courts, but for the sake of £1,000 is it really worth it? Accept the lose and report them to HMRC

carlandjulie

Yes i have learnt a lesson,
now i know you can check the mileage of any car from all previous MOTs back to 2005 free with a few reference numbers,not alot of people know this.When you HPI a car and it is clear 99% of people would probably buy this car including yourself,just as i did.
As for letting it all go,this is the reason why these people do this kind of thing.They declare they dont speak alot of english,try to switch addresses and identities and evade capture from Inland Revenue solely to rip people off.I think im going to persue this till the end.At the end of the day i know him and where he lives and im sure im not the first or the last person to be conned by him,the only difference is i have realised where as others may not and be happily driving round in their cars with 100000 knocked off them.

Inactive

Gene_Hunt wrote: »

He was deceived not robbed.;)

True, but I bet he still feels that he was robbed ..

Hotspur

carlandjulie wrote: »

It seems im being told to make a decision whether im going to claim through HMRC get a solicitor or let the court ask for compensation.What is the usual decision in this case with the judge.The only way i can secure a definate name and address to claim from is from the outcome of the case.And how reliable is their investigations and will they help with my claim?

Is the case going to Magistrates or Crown court? Judges only sit in the Crown court. No hard and fast rule and it depends on the Magistrate or Judge on the day. If the sentence is custodial then forget a compensation award. The person presenting your case may suggest compensation by saying you paid too much but it is up to the court to award it or not.

If the TS are going to court then they will have a name and address to serve the summons on. And once it is in open court it is public information.

TS won't usually help with a county court claim (some will) but there are good leaflets available from the County court.

Mensaboy

The thing is here is that you or a prosecutor will have a hard time "PROVING" beyond a reasonable doubt that the seller adjusted the mileage himself.

mountainofdebt

Mensaboy wrote: »

The thing is here is that you or a prosecutor will have a hard time "PROVING" beyond a reasonable doubt that the seller adjusted the mileage himself.

which is why I would wait until the result of the TS case.

As for making a small claims against the trader, it is so easy to as well as enforcing it, if it comes to that.

As for the OP selling on the car without admitting the true mileage then he would be as bad as the trader he bought the car off if he did this.

Hotspur

Mensaboy wrote: »

The thing is here is that you or a prosecutor will have a hard time "PROVING" beyond a reasonable doubt that the seller adjusted the mileage himself.

The prosecution don't have to prove that the trader 'clocked' the car themselves depending on the charge(s). In laymans terms it's likely that the charge will be one of supplying a vehicle with a false odometer reading. If the trader hasn't taken reasonable precautions/due diligence to ensure the mileage is correct he won't have a defence. The cars history will show when the mileage changed.

I agree that waiting until the result of the criminal case is the best course of action. Gently pressing the prosecution to ask for compensation would be a good tactic but don't be too pushy.