Advise Please Legal Action Over Trade-in

facade

When they asked about the vehicle, did you claim that it had done 80K, even though you had 2 MOTS that have higher mileages on?

That is likely misrepresentation.

If the MOTs have mileages consistent with the 80k then I would say you have nothing to worry about as you simply say

To the best of my knowledge the mileage is accurate, as supported by the MOTs which are consistent eg 48k, 55k, 62k,71k, 79k

You cn't be held responsible for something that happened 5 years before you bought it, but if the mileages on the MOT show the true mileage

eg 88k, 102k, 62k,71k, 79k then you might be on a sticky wicket.

InsideInsurance

motorguy wrote: »

You would just describe it as having a mileage discrepancy and it is believe to be around 120K miles.

No big issue really.

It may not be a major issue but I am sure it would lower the price below that of a car with a genuine 120k on the clock. If nothing else because people like me would be concerned of buying it and so less competition = lower price.

What percentage the price should drop by I dont have a scoobies of though.

facade

there is the possibility that it is not clocked, but a typo went uncorrected, eg the mileage should have been

45 59 63 71 76 and it was recorded as 45 95 63 71 76

You cannot appeal a typo in the mileage for a previous MOT. This would need supporting evidence eg. service book and likely stillwouldn't be believed.

Usual reason to clock a car is to lose starship mileage per year, eg taxi use of 40k between MOTs becomes 10k, rather like a previous work colleague who only connected his speedo cable for 2 weeks before & after his MOT, you will not spot this with any online checking, and as the last 5 mileages are on the MOT now, losing miles between tests is too obvious to the buyer.

manley

facade wrote: »

When they asked about the vehicle, did you claim that it had done 80K, even though you had 2 MOTS that have higher mileages on?

That is likely misrepresentation.

If the MOTs have mileages consistent with the 80k then I would say you have nothing to worry about as you simply say

To the best of my knowledge the mileage is accurate, as supported by the MOTs which are consistent eg 48k, 55k, 62k,71k, 79k

You cn't be held responsible for something that happened 5 years before you bought it, but if the mileages on the MOT show the true mileage

eg 88k, 102k, 62k,71k, 79k then you might be on a sticky wicket.

I (we) never checked the mot's (I will do from now on) but after Kia told my mum they know she(we) haven't clocked it they must show the lower mileage before my first mot. I don't have any of the old mots.

Nodding_Donkey

So they've admitted you didn't do it?

Tell em to FRO

manley

Nodding_Donkey wrote: »

So they've admitted you didn't do it?

Tell em to FRO

my mum told them on the phone we didn't know and we didn't do it and the guy replied we know you haven't done it, But the letter says we have clocked it or known it was clocked!

InsideInsurance

Have you actually read the contract of sale? What does it state about the exchange vehicle not being what you said it was?

manley

InsideInsurance wrote: »

Have you actually read the contract of sale? What does it state about the exchange vehicle not being what you said it was?

I've asked my mum about it and she cannot find it (but has it somewhere)

colino

Sounds like your Mum is a sweet old lady and the clown who slavered over selling a car to a willing underwriter did no basic checks and is caught looking for someone to blame.
As has been stated, the trader is the professional here, they have to carry out credible, recorded checks on anything they sell.
Make sure your friend of a friend isn't the driveway dealer, clocking scum here and then tell the trader to FO.

manley

colino wrote: »

Sounds like your Mum is a sweet old lady and the clown who slavered over selling a car to a willing underwriter did no basic checks and is caught looking for someone to blame.
As has been stated, the trader is the professional here, they have to carry out credible, recorded checks on anything they sell.
Make sure your friend of a friend isn't the driveway dealer, clocking scum here and then tell the trader to FO.

Yeah my mum is 64, I've never been able to get hold of the so called 'friend of a friend'