Can I return a cat D clocked car bought from private seller

spark_deals

Hi all,
I bought Hyundai i10 comfort from a private seller, seen advertised on Autotrader website in 1st week of March 2012.
The car was not advertised as catagory D or mileage altered.
The seller told me that the previous owner had the tailgate repaired but I asked about insurance claims, he said NO CLIAMS.
I got the car and also asked him to provide his insurance details while I drive the car back to my place.
His insurance was with TRADEX, ( is it a trader only or open to Joe public as well).
I paid him by bank transfer. Is it same as cash or has any protection available ( as chargeback or something)
The reciept says 'sold as seen, driven and tested'. I asked him to write further but he asked his wife/ partner to write: There is no finance on the said car subject to insurance and technical fault, it is clear.

When I received the V5C, and HPI'ed it on 2/4/12, the car came back as Cat D and Clocked.
15/2/12= 15000
16/2/12= 5000
17/2/12= 6568.

I bought the car at 7000 miles from the seller and added about 700 miles to it.
I have stopped using it now as I am asking for refund from the seller.
I sent him the letter on 3/4/12: advising of the findings of HPI, the copy of reciept and asking him to give me information to challange the HPI report or to return the car and refund me. I also asked the seller to provide me his proposals for remedy as well and gave him 14 days to reply.
NO REPLY.
I sent another letter saying the same : information to challange the HPI report or to return the car and refund me. I also asked the seller to provide me his proposals for remedy. And advised him to consider involved police for alleged clocking and courts for small claim as seller lied to me about the cat D and clocking. ( the V5C shows hm as the owner when clocking took place).
Am I following the correct procedure here?
I am intending to complaint against him to police, trading standards and start a Small Claim against him.

We both live roughly at other ends of M4 motorway wales and london. Would it be worth it or I am wasting my time, money and energy to gain nothing.
Edit: Where can I get hold of the advertisement in Autotrader webite or magazine ie. hard copy or soft copy? Is it fo rme or seller to prove the contents of Advertisement?
Thank you very much.
Spark.

forgotmyname

You should really have done your homework before buying it.
If you thought he was a trader then you should have got him to admit that or walked away.
Was the car registered in his name? How old is the CAT D?

Why is there 3 mileages registered over 3 days?

Letter to the trading standards maybe worth a go. But it depends how much time and money you want to put into it.

Even if you take him to court and win, Whats the chances of him paying out?

bengalknights

If he is claiming as private seller then it will be difficult as you would have to prove otherwise, plus the fact that hpi should be done before not after purchasing.

The fact he has sold is "as seen" gives him a get out clause.

spark_deals

In the hind sight, I know I should have done that.
To Forgotmyname:- I asked the questions over the phone. The car was registered in the name of the seller. I came to know about Tradex being trader only insurance after HPI report.
I don't know why 3 mileages in 3 days.
The car was in his possession for 2 months, he aquired the car in jan 2012 and sold it in march 2012.
I don't know the chances of him paying but as he is working, its promising
To bengal knights: But I asked the questions about insurance and other problems. As you see in my post, it was written on the sale reciept to free from any insurance claims and technical faults.
It is a matter of principle that he should have replied honestly when asked, which he did not.
The car was not advertised as cat c or altered mileage.

spark_deals

I spoke to CAB advice bureau over the telephone regarding above.
They referred the matter to Trading Standards local to the seller. The address of the seller "rang the belll" to the TS officer. He asked me to send him the copies of V5C, Sale receipt, Tradex Insurance Policy number of the seller, HPI report as well as my communication with the seller which I duly did.
Please advise what to expect now.
Thanks

s_b

i cant imagine why you would clock a car with only 15,000 miles? maybe it is input error?
you should have hp eyed it afore yee bide it
you have been an mse member for a few years so really should be more savvy than this
you need to ascertain if he is a trader first off by doing a little detective work
then by all means put your findings to trading standards
boys in blue wont be interested unless theres a cadaver in the boot
these cars get written off for a broken mirror because they are 7 year cars so i suggest you get in touch with previous owner to seller to see why it was written off too,you might need to pay for this via dvla

seller isnyt going to come and take car back hes hoping you do one so all the work will need to be done by you

next time dont save half a tanner by buying off back street pretend private sellers
it nearly always ends in tears and nails rammed in calipers rather than proper pins

you really need to get an inspection before you drive it further because lets be honest its going to be a long haul before a court might even see in your favour

spark_deals

Is clocking not a criminal matter?
these cars get written off for a broken mirror because they are 7 year cars so i suggest you get in touch with previous owner to seller to see why it was written off too,you might need to pay for this via dvla
This car was reg in Oct. 2010 only. so, I dont think it is 7 year car.
I'll contact DVLA tomorrow for prev. owner info.

I would go to court only to see the rule of law prevailing.

s_b

spark_deals wrote: »

Is clocking not a criminal matter?
these cars get written off for a broken mirror because they are 7 year cars so i suggest you get in touch with previous owner to seller to see why it was written off too,you might need to pay for this via dvla
This car was reg in Oct. 2010 only. so, I dont think it is 7 year car.
I'll contact DVLA tomorrow for prev. owner info.

I would go to court only to see the rule of law prevailing.

im fairly sure that your warranty from manufacturer is voided because its categorised
this is why you need to find out why the payout

i see the seller bought the car earlers this very year so is obviously a part time or full time trader trying to deny you your consumer rights

of course clocking is an offence but i said are you sure it wasnt input error on to hpi log?
previous keeper again should help here

i once nearly bought a stolen van until i realised i had inputted one digit wrong to hpi

colino

The 3 mileage entries on 3 consecutive days doesn't sound like a skillful haircut to me. Sounds like mileage reported on database and owner phones and says "I said 5,000, not 15,000, get if fixed!" Nora number cruncher does as told and trader checks next day and finds its been changed (to 5000). Quick check of the speedo and a more realistic number comes to mind, back on the phone and on day three it becomes 6568 (why not 6543).
Its a 7 year car because a lot of these alleged cheap and cheerful cars come with a staggeringly long warranty. If you bought one new, why would you ditch it early unless it was a mechanical heap or bashed and crashed?

spark_deals

What I gather from this discussion about HPI is that it could be a numerical error.
If it is so, why the seller is not glad to give me enough info to challange the HPI report, which is my first proposal, rather than keeping quiet? Any ideas?
Thanks

forgotmyname

Obviously something not right having 3 mileage adjustments over 3 days, Proving thats clocking maybe difficult.

Contacting the previous owner is a must really. Was the log book in the sellers name?