Advise Please Legal Action Over Trade-in

manley

AdrianC wrote: »

Yep, with either the current certificate or the most recently issued V5C, you can see every single computerised MOT the car's been for, the date, mileage, result, any fails and any advisories.

But the "certificate" has also had the mileages of the last FOUR MOTs on it for the last couple of years...

Then Kia must know that, which would prove we didn't do it as we didn't do it

manley

harveybobbles wrote: »

I'd tell the dealer and lawgistics to get naffed.

The dealer should have made these checks while the deal was being done. Their fault.

They messed up and now they are now trying to get some money back.

File letters away, ignore and enjoy your new car.

I worried that if I don't do anything about it it will end up in court or a county court against my mum, I know a court would very likely kick it out but it'll still cost us money if it went that far

colino

If you really want it to stop here, write the DP a short, terse letter indicating that the salesman was given free rein to inspect and query every aspect of the car and chose not to do so. Additionally you resent the slur of cheating and misrepresentation. You will have no further contact with them and if accusations persist you reserve the right to seek legal redress for the distress their threatening attitude and aggressive and unfounded threats have caused. Copy the letter to Kia UK and insist they respond within seven days.

manley

colino wrote: »

If you really want it to stop here, write the DP a short, terse letter indicating that the salesman was given free rein to inspect and query every aspect of the car and chose not to do so. Additionally you resent the slur of cheating and misrepresentation. You will have no further contact with them and if accusations persist you reserve the right to seek legal redress for the distress their threatening attitude and aggressive and unfounded threats have caused. Copy the letter to Kia UK and insist they respond within seven days.

Thank you for your reply, I think it's a very good idea to let Kia Uk know about it (never thought of it before) I bet they won't back up the dealer once they know about it.

patman99

No idea where the 'MOT certificate shows the mileages from the last 4 MOTs' comes from.

Just checked the certs for both my car and van and neither shows anything other than the mileage recorded at the time of the current MOT.

The van was MOTed 16 months ago at the local Council MOT centre & the car just 4 months back at the local fire brigade workshop.

AdrianC

patman99 wrote: »

No idea where the 'MOT certificate shows the mileages from the last 4 MOTs' comes from.

Reality.

That's a sample image from a quick google search, but I can promise you that every single one of the post-2012 MOTs I have here (four vehicles) certainly looks JUST like that.

LandyAndy

manley wrote: »

I worried that if I don't do anything about it it will end up in court or a county court against my mum, I know a court would very likely kick it out but it'll still cost us money if it went that far

If you defend a county court action successfully it will cost you no more than your time in preparing your defence.

I don't think the dealer has a leg to stand on. As others have said, they are experts and if they haven't exercised due diligence then that is their problem.

Oh, and, nice one Adrian. That is the biggest pic i've ever seen on MSE.

AdrianC

LandyAndy wrote: »

Oh, and, nice one Adrian. That is the biggest pic i've ever seen on MSE.

<coughs, shuffles feet>
It is a bit, isn't it?

DaveTheMus

How would you feel if the shoe was on the other foot?

Let's say your mum finds out the Kia was clocked before the garge bought it and the dealer said 'Sorry Guv' wasn't me'.

Would you just say 'fair enough bruv'?

Course you wouldn't.

colino

In that scenario she would get all of her money back and an apology. The trader is the professional in this exchange and they have to conduct robust and recordable checks on their stock, not wait for a privateer to do their job for them when they sell it.
This is going nowhere, if they don't drop it now, name and shame. Their franchise holder will be delighted at the adverse exposure.