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Advise Please Legal Action Over Trade-in
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DaveTheMus wrote: »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.
Yep, but garages ARE responsible for clocked car whether they knew or not
Private individuals are only responsible if they knew or did it themselves.
It's one of the costs of being a dealer
Nice picture Adrian, worth editing it to something smaller?0 -
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
County court is court - there is nothing lower for civil cases.
Given the value is £700 this would be a small track case (aka small claims court) for which solicitor fees etc are basically inadmissible. The whole purpose of small track is to deal with basic cases where it isnt necessary to have legal representation.
If you successfully defended the case then you have nothing to pay and even can claim a small amount for your out of pocket expenses. If you lost the case then you'd have to pay £700 and a small amount for the courts time.0 -
The thing I'm finding difficult to believe is that you got a MoT done on the car after you bought it yet the test station did not point out to you that the current mileage was less than had been recorded at some point in the past. Either you've used a dodgy tester or you did in fact know and you've tried it on with the dealer at trade in time.
A tester will just enter the mileage as presented on the MOT terminal. Unless he specifically goes to look up the previous readings (which isn't part of the test and is quite possibly a misuse of computers offence as he has no reason to) he won't see the past figures. They'll show on the receipt once it's printed but, again, not his job to check that. Besides which, there are plenty of valid reasons for a discrepancy.DaveTheMus wrote: »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.
It's not the same thing.
A private seller (or buyer) is assumed (usually correctly) to have litle or no knowledge of what they're selling other than whether it works or not and how shiny it is on the outside.
A trade seller is assumed (sometimes incorrectly) to have a certain level of technical knowledge about his product and his market. He's "the expert" in the deal and that entails a risk if he turns out not to be as expert as, perhaps, he should be.
Unless a private individual who sells to him can be shown to have commited intentional fraud it's up to the dealer to satisfy himself that everything is as it should be before agreeing the deal. It's just one of the risks of being in business and, if a trader can't accept that risk, then they're in the wrong job.
That applies in all retail situations, including car sales.
If I buy in a watch for resale which turns out to be fake (and therefore unsellable by me), or so damaged that it's beyond repair, then I lose my money. So I learn very early on to spot fakes - even the "good" ones - and irreparable damage, or I go bankrupt!
In this case, the informaion was available for the dealer to spo the discrepancy and a dealer would be expected to know where to look for it (whereas a private seller wouldn't). If the dealer chooses not to look then that's like me buying a watch without taking the back off to see what's inside. Which is entirely their (or my) fault if things go wrong later.0 -
So we wrote a letter to lawgistics and sent a copy to Kia UK, Kia replied within 5 days but had clearly not read the letter correctly and their reply did make sense, My Mum phone Kia UK customer services yesterday, they read the letter whilst she was on the phone and apologize for the mixup, They said they would speak to the dealer that day,
Well today my mum got a very short letter from lawgistics dated yesterday, saying their client doesn't wish to that any further action! What a relief!
A big thank you to all the advise from you guys on here.0 -
Glad to hear it's all sorted and thanks for updating us (so many of these threads disappear into oblivion).0
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