bought car from dealer - turns out to be clocked*

winteriscoming

Apologies for the long post but I need to provide quite a bit of info.

I bought a car recently from a SIMI dealer and have been very happy with up to now. However, it has come to my attention that the car may has (most likely) been clocked. (clocking is difficult to prove but I have strong evidence)

I dont wish to go into specifics but I'll give some details. The car has over 100k miles but based on age, this is average milage. It is diesel engine that has a reputation for durability and well is capable of doing very high miles. I have first had experience of see well serviced examples doing 150k miles without a problem. The car cost under €10k.

I got a mechanically minded friend to check it out, gave it a test drive, inspected the paper work (partial service history - receipts for work since it was imported, 3 nct cets, but no service book or owners manual)

I bargained down the asking price quite a bit and purchased as a "trade sale" i.e no warranty. I wasn't unduly bothered by this because;
the car has a reputation for reliability,
it had a partial service history and quite a bit of money had been spent on it by previous owners
it was a SIMI garage
dealer said he did a history check on it
it was in great condition
it had a long nct
I was happy with the price

When the log book came, I was going through the paperwork again when I spotted some discrepancies. After some more research, I noticed that the cars milage on its first NCT cert was very low. This promped me to do a history check. I know this shouldbe done before purchase but I had asked the dealer if he was satisfied with the cars history and he said he was. I felt assured by the fact it was a SIMI garage.

The histroy check had a much higher milage ( over 30k) recorded for the UK awhich was bout 6mths earlier than the milage listed on first NCT cert.

Now, for the sale price and based on the condition of the car and its partial history, I was happy enough to buy the car with out warranty. However, now that it transpires that it is a mucher higher milage car, I feel I've been shafted. The delaer assured me it was legit and i asked for a copy of simi history check but with the excitment of new car didn't pursue this when I collected the car.

I haven't contacted dealer, Natioanl consumer agency or SIMI yet, as I want to get some opinions, but I feel that the car was not as it was descibed as the dealer must have been aware of this milage anomaly and told me he was satisfied with its bona fides having used the SIMI car history check

Before anyone starts telling me that I shouldn't have bought a car without a service book or a warranty, remember I wasn't spending massive money on the car, it had a service history since being imported and quite a bit of money spent on it , had a long NCT and was in great condition. The dealer told me it was straight and he had checked its history. My friendand I took the delaer at face value and proceeded with the deal on that basis.

Any advice appreciated.

Henry Ford III

Can you actually prove it was clocked? If so you'll have some comeback.

dave45dave

Dont think you have much comeback as car was bought trade sale.
Car with huge mileage under 10 grand and spotless, as long as your happy id let go.

sean1141

im guessing the car is about ten years old.. so you were more than likely planning on driving it for a few years?? if thats the case and the car is driving ok i would say drive it on unless you handed out big money for a low milage car..

i dont know why people buy cars without checking them out before hand or taking the word of a used car salesman... it is up to the buyer to check everything is in order before handing over the cash... its not like he clocked the car going by your post... you could contact him but i doubt you will get anywhere...

sean1141

op what make/model car is it??
i know on the mk4 and mk5 golfs etc you can check the milage on the ecu via vag com.. this would tell you exactly what miles would be on the car...

Motorcheck

If you can prove the car is clocked then the dealer will be obligated to take it back and give you a full refund. Contrary to popular belief there is no such thing as a 'Trade Sale' to a consumer and you will have the backing of consumer legislation.

I'd like to take a look at our records for the car. Would you mind sending me a PM with the reg so I can check our mileage database? I'll forward you a copy of the report.

shamwari

dave45dave wrote: »

Dont think you have much comeback as car was bought trade sale.
Car with huge mileage under 10 grand and spotless, as long as your happy id let go.

Nope that's wrong. It is illegal to clock a car and the car's mileage was represented as genuine to the purchaser. The OP has plenty of comeback if s/he can prove their case. The condition of the car is otherwise irrelevent.

Cuddlesworth

No such thing as a trade sale between a private consumer and a business. Unless you signed a rather large contract which specifically mentions no warranty and comeback you are fine.

drunkmonkey

Take this ad for example, http://www.carzone.ie/search/BMW/5-Series/520-D-SE/201041199893756/advert?channel=CARS if you bough it as a consumer your still covered if there's a fault regardless of what the add says, a trader can not trade sale to a consumer full stop.

KamiKazi

Selling a clocked vehicle isn't illegal unless you know the mileage is incorrect.

So unless you can prove that the dealer clocked / lied about the mileage I'm not sure you have much comeback.

testicle

dave45dave wrote: »

Dont think you have much comeback as car was bought trade sale.

"trade sale" doesn't matter a **** when a dealer is selling to an individual.

unkel

KamiKazi wrote: »

Selling a clocked vehicle isn't illegal

Clocking a vehicle isn't illegal. Selling a clocked vehicle is illegal.

Guy:Incognito

unkel wrote: »

Clocking a vehicle isn't illegal. Selling a clocked vehicle is illegal.

Knowingly selling a clocked car is illegal surely.

BigEejit

Is the SIMI check that the OP mentioned as informative as the motorcheck one? i.e. does it only deal with the car from when it crossed the Irish border?

If the SIMI check is from the border only and not the cars total history then if it was clocked before entry to the country then the dealer could say he was not aware ...... possibly letting him off the hook

pajo1981

It doesn't matter if the dealer was aware or not; it's their duty to make themselves aware.

If you can show that the car's mileage is incorrect, then you are entitled to a refund.

Repost you thread onto the legal forum.