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Sold a car from Carcraft that has been clocked

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Comments

  • easyhost
    easyhost Posts: 424 Forumite
    Flyboy152 wrote: »
    The OP has not said he isn't going to settle the finance. What has this got to with the subject at hand?
    the person he is selling the car too did the HPI check, i was just mentioning that as the OP stated he has an outstanding balance on the car then he cant sell it as it belongs to the finance company until the balance is settled
  • sabz3008
    sabz3008 Posts: 257 Forumite
    neilmcl wrote: »
    Ofd course the consumer has to do his own checks. If I purchased a car I'd do an HPI check and satisfy myself that the car purchased is legit, I would then fully expect the person buying the car from me would do their own checks to satisfy themselves rather than rely on the check I did.

    People go to a dealer because... The SOGA can be more strongly enforced than a private 'sold as seen' deal
    :money:
  • sabz3008
    sabz3008 Posts: 257 Forumite
    easyhost wrote: »
    the person he is selling the car too did the HPI check, i was just mentioning that as the OP stated he has an outstanding balance on the car then he cant sell it as it belongs to the finance company until the balance is settled

    The OP might settle the finance with the money they receive for the car.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    sabz3008 wrote: »
    People go to a dealer because... The SOGA can be more strongly enforced than a private 'sold as seen' deal
    :money:
    I was talking about buying/selling a car in general, rather than private/dealer selling. Even when buying a car from a dealer you still should be doing you own checks. As far as this dealer is concerned, they've done their own check and have satisfid themselves that the car is legit and no been clocked, clearly that's obvious from the mileage data, so they don't have to pass on any further details than that. The buyer must satisfy themselves.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    neilmcl wrote: »
    Of course the consumer has to do his own checks.

    Not if they are buying it from a dealer, they don't. There is no requirement for them to do so. However, there is a requirement for the dealer to take all reasonable steps to ensure they are selling a "genuine" car. Doing a simple HPi check, is one of those reasonable steps.
    If I purchased a car I'd do an HPI check and satisfy myself that the car purchased is legit,

    Seeing as the Carcraft customer actually has no option but to pay for this to be done (I believe Carcraft charge about a hundred pounds), the purchaser has the right to demand the certificate from Carcraft. Therefore satisfying themselves that the mileage is genuine. I am pretty sure that if the OP had been given the HPi certificate, he would have noticed the differences.
    I would then fully expect the person buying the car from me would do their own checks to satisfy themselves rather than rely on the check I did.

    I think this is where you are getting mixed up. In a trade sale, the seller has a duty to do all the checks. In a private sale, the onus is on the buyer to do the checks.
    This is no different in what the dealer has done, they've had a check done when they purchased and would have satisfied that the mileage was consistant with the age of the vehicle, it was up to the OP to do his own and satisfy himself.

    But it isn't, the onus is on the dealer to point out that they are aware there is a mileage discrepancy. It is not up to the consumer to do the checks. They rely on the skill and care of the dealer to do this.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • sabz3008
    sabz3008 Posts: 257 Forumite
    As far as this dealer is concerned


    LOL! --- Classic
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    neilmcl wrote: »
    I was talking about buying/selling a car in general, rather than private/dealer selling. Even when buying a car from a dealer you still should be doing you own checks. As far as this dealer is concerned, they've done their own check and have satisfid themselves that the car is legit and no been clocked, clearly that's obvious from the mileage data, so they don't have to pass on any further details than that. The buyer must satisfy themselves.

    Then they have a duty to demonstrate that they have done this.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • sabz3008
    sabz3008 Posts: 257 Forumite
    Flyboy152 is correct :)
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Flyboy152 wrote: »
    Then they have a duty to demonstrate that they have done this.
    Unfortunately the OP hasn't stated on way or the other. Maybe he should check his original documentation to see. As you say if Carcraft do indeed force the buyer to have an HPI done then surely the OP should have this.
  • sabz3008
    sabz3008 Posts: 257 Forumite
    neilmcl wrote: »
    Unfortunately the OP hasn't stated on way or the other. Maybe he should check his original documentation to see. As you say if Carcraft do indeed force the buyer to have an HPI done then surely the OP should have this.

    His documentation would say that they've carried out a HPI check, and a mechanical inspection.... Unless the OP has used RAC/AA to inspect the vehicle, everything is on Car Craft tbh.
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