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Legal rights regarding sale to We Buy Any Car
Hi everybody,
On Monday I sold my car to WBAC, which I've done once before. I know the price isn't great, but I was looking for something hassle-free as I had a sharp deadline, as we're moving to Spain.
I accepted an offer just shy of £2700, received a purchase invoice, they signed the vehicle into their name with DVLA (which I've received confirmation on from DVLA) and were supposed to pay me after 4 days. I cancelled my insurance and was happy to cross off another item on a long list of stress from orchestrating an international move of a family.
But woe's just started. On Tuesday they contacted me, saying that they'd had the same car in their possession just over a year ago (between the first owner and me buying it from a dealership), and they had recorded a mileage above what the car has today. They've proven this is the case, so I'm not doubting them.
Now they're offering 1600 or for me to come an collect the car, which is no longer in my name, has no more road tax and no insurance.
First off they claimed that they could do this from the following section in their T&C (can be found on their website, I'm a n ew user here so can't post links):
the mileage reading on the Car is true and accurate and the odometer has not been tampered with
This is section 4.c.3, but they conveniently didn't inform me of the full context, which is that 4.c states:
to the best of your knowledge, information and belief
I've proven to them that the MOT that was done on the day of purchase (paid for and arranged by the dealership), has the - for me - correct mileage.
But they still claim that they have the right to rescind the contract, without providing me with any other reference to this right than the above, as well as the following from the T&C:
In the event that we discover (at any time) that any of the above representations are (or are likely to be) inaccurate, untrue or false then we reserve the right (at our sole discretion) to:
(a) request any documentation or information we deem necessary to determine whether the above representations are untrue or false; and/or
(b) withdraw any offer to buy the Car with immediate effect; and/or
(c) to rescind any Contract with immediate effect; and/or
(d) (where appropriate) seek damages from you.
Are they in their right to rescind this contract? I have proven that I had no chance of knowing it was tampered with (I honestly didn't even know this was a thing until Tuesday of this week when I had to go on a Google-rampage)
I don't have the option of taking the car back to the dealership. My invoice is in a container on it's way to Spain, the car can't be moved (tac/insurance) and the dealership has a different name than it did a year ago, so I would be surprised if that would even result in anything for me.
Best regards
On Monday I sold my car to WBAC, which I've done once before. I know the price isn't great, but I was looking for something hassle-free as I had a sharp deadline, as we're moving to Spain.
I accepted an offer just shy of £2700, received a purchase invoice, they signed the vehicle into their name with DVLA (which I've received confirmation on from DVLA) and were supposed to pay me after 4 days. I cancelled my insurance and was happy to cross off another item on a long list of stress from orchestrating an international move of a family.
But woe's just started. On Tuesday they contacted me, saying that they'd had the same car in their possession just over a year ago (between the first owner and me buying it from a dealership), and they had recorded a mileage above what the car has today. They've proven this is the case, so I'm not doubting them.
Now they're offering 1600 or for me to come an collect the car, which is no longer in my name, has no more road tax and no insurance.
First off they claimed that they could do this from the following section in their T&C (can be found on their website, I'm a n ew user here so can't post links):
the mileage reading on the Car is true and accurate and the odometer has not been tampered with
This is section 4.c.3, but they conveniently didn't inform me of the full context, which is that 4.c states:
to the best of your knowledge, information and belief
I've proven to them that the MOT that was done on the day of purchase (paid for and arranged by the dealership), has the - for me - correct mileage.
But they still claim that they have the right to rescind the contract, without providing me with any other reference to this right than the above, as well as the following from the T&C:
In the event that we discover (at any time) that any of the above representations are (or are likely to be) inaccurate, untrue or false then we reserve the right (at our sole discretion) to:
(a) request any documentation or information we deem necessary to determine whether the above representations are untrue or false; and/or
(b) withdraw any offer to buy the Car with immediate effect; and/or
(c) to rescind any Contract with immediate effect; and/or
(d) (where appropriate) seek damages from you.
Are they in their right to rescind this contract? I have proven that I had no chance of knowing it was tampered with (I honestly didn't even know this was a thing until Tuesday of this week when I had to go on a Google-rampage)
I don't have the option of taking the car back to the dealership. My invoice is in a container on it's way to Spain, the car can't be moved (tac/insurance) and the dealership has a different name than it did a year ago, so I would be surprised if that would even result in anything for me.
Best regards
0
Comments
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What does the MOT history show as the mileage? Is the dealership a main dealer? Did you get an HPI check?
I'd first try to confirm if the mileage has actually been altered - I'd honestly doubt it and suspect it's a recording error (what proof do they have it was changed?). If you can show an MOT history for the mileage and they have a digit wrong it'd lean towards a transcription error on WBAC's end rather than clocking by the dealer.
If the mileage has been changed, then you'd need to pursue either the dealer or HPI.
What are you going to do if you collect the car? It's probably a lot easier to take the lower payment now and then pursue the dealer for the difference, unless you can convince WBAC that it was a mistake on their end.
Their contract will make it pretty hard to force them to honour the original deal unless they admit to a mistake.0 -
Their contract will make it pretty hard to force them to honour the original deal unless they admit to a mistake.
+1
WBAC seem to be tightening up on what they will and wont accept in terms of known faults and mileage inconsistencies.
It would be VERY hard to force them to make the original deal.0 -
It takes seconds for anyone to do an MOT history check, which includes mileage.
As WBAC don't do this they cover their bad business practices with a contract term to cover for their lack of undertaking any due diligence before agreeing a purchase.
It would need contract law Barristers opnion to advise on whether this is an unfair contract term, but WBAC are probably a company to avoid if this is how they run their operation.
An incorrect mileage history does not automatically mean the 'odometer has been tampered with'.
What is the mileage history, could it be MOT tester 'fat finger' syndrome?
https://www.check-mot.service.gov.uk/?_ga=2.54397934.754259653.1510992878-1178968403.15085376240 -
The MOT is fine, however increase in last year is 3000 miles instead of 25000 from previous year on year increase.
They've supplied me with a picture of a mileage which they took last year before selling the car on, which is more in line with 25.000 miles a year, including the last year.0 -
It takes seconds for anyone to do an MOT history check, which includes mileage.
As WBAC don't do this they cover their bad business practices with a contract term to cover for their lack of undertaking any due diligence before agreeing a purchase.
It would need contract law Barristers opnion to advise on whether this is an unfair contract term, but WBAC are probably a company to avoid if this is how they run their operation.
An incorrect mileage history does not automatically mean the 'odometer has been tampered with'.
What is the mileage history, could it be MOT tester 'fat finger' syndrome?
https://www.check-mot.service.gov.uk/?_ga=2.54397934.754259653.1510992878-1178968403.1508537624
They do an HPI check before they accept any car.
Clearly their further subsequent checks have found a discrepancy they are (rightly) unhappy with.
Cant fault them for that.0 -
I agree that it's not their fault, but it isn't mine either.
After signing the vehicle out of my name, they've voided my remaining road tax, so I can't even move the vehicle. Maybe I cancelled my insurance prematurely, but given the DVLA takeover, I assumed things were fine.
And yes, they did HPI check, as well as I did when I bought it.
What boggles me is that they clearly state "to my knowledge" and I can clearly proof that I had no way of knowing, without access to their internal systems.0 -
What is the reg number?I agree that it's not their fault, but it isn't mine either.
After signing the vehicle out of my name, they've voided my remaining road tax, so I can't even move the vehicle. Maybe I cancelled my insurance prematurely, but given the DVLA takeover, I assumed things were fine.
And yes, they did HPI check, as well as I did when I bought it.
What boggles me is that they clearly state "to my knowledge" and I can clearly proof that I had no way of knowing, without access to their internal systems.
Personally, out of principal, I'd take the car back. You've proven you weren't to know and they're not happy. If they start talking about any of their 'admin fees' i'd tell them to go !!!! themselves with a pineapple.
Take it back, you'll lose a month on the tax (tax for a single month, cancel, get refund), insure on a temporary thing like cuvva, which is as cheap as a fiver for an hour. Then sell privately. Keep your principals, never use WBAC again.
Don't forget to give them the V's as you leave
Cheers WBAC. 0 -
Accept the lower offer.
It is going to cost you a fair amount of money to take it back, and then you still have to store it and then quickly sell it on with this question mark over its history.
I know it is a lot of cash to lose, but how much more stress do you need now?I want to go back to The Olden Days, when every single thing that I can think of was better.....
(except air quality and Medical Science
)0 -
If they weren't moving to Spain and after a quick sale, I'd agree about getting it back from WBAC and selling privately. But how much are you likely to want to spend to save about £1000? It'd likely need to go for under the original £2700 offer if there's a mileage discrepancy and it needs to be sold quickly. It's much easier to just take the hit and send some official looking letters to try and get the difference from someone.The MOT is fine, however increase in last year is 3000 miles instead of 25000 from previous year on year increase.
They've supplied me with a picture of a mileage which they took last year before selling the car on, which is more in line with 25.000 miles a year, including the last year.
I'm not sure I follow this. You're saying the mileage is 3000 higher than when they had it last, which isn't inline with the trend?
Or are you saying that the mileage is 22,000 lower than when they had it in last?
What mileage do they say it was a year ago, what is it now, and how many miles have you done in it?
What does the MOT history and HPI show for the mileage?0 -
Do a MOT check online yourself - the recorded mileage will go back to over 10 years.
Post up the mileage and dates.0
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