Legal rights regarding sale to We Buy Any Car

AdrianC

webbear wrote: »

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.

Several people have mentioned the online MOT history, which gives the mileage at all tests going back to the start of computerised tests in around 05/06. But the MOT certificate itself also shows the mileage at the last five tests.

You say it's been doing 25k/yr up to a year ago (when WBAC bought it), then 3k. That's not iffy, it's just that the new owner (you) has used it less - but WBAC are saying that it's gone DOWN since?



How big a discrepancy are we talking about, to justify a 40% reduction from £2,700 to £1,600?

webbear

Herzlos wrote: »

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?

Sorry for not being clear.

MOT that was done when I bought it shows:
11/2014: 24327
11/2015: 47913
12/2016: 75841
11/2017: 77162

This week it's 84500.

They have a photo from 10/2017 (a month before I bought it) where it's at 90000. I don't doubt their photo and data, but whoever has it between them and me (broker and dealership I assume) must have winded it back.

Of course, now that I'm aware about this, I would never sell it without mentioning it (even though WBAC recommended this approach as an alternative)

I've taken people's advise here, to avoid the stress and accept the 1600.

I may pursue the difference with the dealership, but as they have a new name I doubt my chances are big.

Thanks for the help all and have a positive day!

AdrianC

Ah! Yes, that does look rather convincingly clocked, doesn't it?

But I'm really not convinced about the difference between 85k and 98k being 40% of the value...

motorguy

AdrianC wrote: »

Ah! Yes, that does look rather convincingly clocked, doesn't it?

But I'm really not convinced about the difference between 85k and 98k being 40% of the value...

The difference being that they will have to resell / auction it with a mileage discrepancy marker. This will impact price significantly as most dealers will then not touch it and private buyers will be wary.

Whilst its probably not making that significant a difference in value, clearly WBAC are exploiting the situation and if they're going to accept it, its going to very much be on their (financial) terms.

Herzlos

What'd be the point of clocking it there though? There can't be that much difference in value between 77k and 90k? Why not give it a more believable figure like 80k?





Are there any service documents with mileages on it? You might be able to get service history from a main dealer. Any entries between 12/2016 and 11/2017 might conclude it either way. Certainly something from just before WBAC claim to have had it with a mileage of between 75841 and 77162 would show that WBAC must be in the wrong.



Interestingly, if their picture is correct, the mileage has been changed between them having it and it getting an MOT a month later. So it was either them or the dealer they sold it to.


Is there any evidence that the photo of the dashboard is the same car, and they aren't getting confused between 2 models with a similar VIN? I'm suspecting that WBAC have gotten confused and the car they bought last year isn't the same one you're selling now. You'll have an uphill battle convincing them, but you should be able to convince a county court judge pretty easily I think. It might be worth filing a claim against WBAC for the £1100 difference anyway and see if they defend it.



Can you find out if WBAC every actually bought the car? I'm not sure what you'd be able to find out from the DVLA about it's ownership history. Any way of contacting the previous keeper?

motorguy

Herzlos wrote: »

Can you find out if WBAC every actually bought the car? I'm not sure what you'd be able to find out from the DVLA about it's ownership history. Any way of contacting the previous keeper?

I'm not sure what going to all that effort proves?

Clearly WBAC have formed a view on the car, therefore its either accept that view or accept the car back.

Scrapit

Sounds like wbac should do this sort of check prior to agreeing the deal, as I would prior to buying off them. The figure they are offering is also arbitrary and I would insist on movement on that.

Herzlos

I'd also assumed that WBAC would have been able to tell before buying that they had the car before with a different milage. Makes me wonder if someone has a target to hit and is playing a bit vague with the truth.

motorguy wrote: »

I'm not sure what going to all that effort proves?

Clearly WBAC have formed a view on the car, therefore its either accept that view or accept the car back.

If you could prove that WBAC offered you £1100 less because of an administrative !!!! up on their part, I think you'd have a pretty good chance in small claims court to get that £1100 back. I'm sure Trading Standards would also be interested in such a scheme if it were to prove a regular occurrence.



For £1100 I'd be happy to waste an afternoon trying to figure it out.

motorguy

Herzlos wrote: »

I'd also assumed that WBAC would have been able to tell before buying that they had the car before with a different milage. Makes me wonder if someone has a target to hit and is playing a bit vague with the truth.





If you could prove that WBAC offered you £1100 less because of an administrative !!!! up on their part, I think you'd have a pretty good chance in small claims court to get that £1100 back. I'm sure Trading Standards would also be interested in such a scheme if it were to prove a regular occurrence.



For £1100 I'd be happy to waste an afternoon trying to figure it out.

Nobody is forcing the O/P to accept the lower offer. If he accepts it then its an agreed price - not sure how far that would get through the small claims court....

They apparently have photographic evidence and seem confident its the same car - as does the O/P. Presumably if they can get the information for the O/P they can produce the same audit trail for TS or in a small claims court.

And likewise you can spend all the time you like trying to "prove" they should pay you more but as the old adage goes, you can lead a horse to water....

motorguy

I think the O/Ps best bet to recover the difference in value is from the dealer he bought it off.

He was - after all - sold a clocked car.