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I bought a clocked car; advice required

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  • 24-07-2016 12:24pm
    #1
    Jim79
    Registered Users Posts: 220 ✭✭


    Almost 2 years ago i went to a long established and well known SIMI car dealership. i bought a car that had been imported from the UK by a private individual that traded it in to the car dealership.

    Through this thread http://www.boards.ie/vbulletin/showthread.php?t=2057335812 i realised that i could check my cars Uk mileage. In march 2012 the car had more miles than when i bought it in the autumn of 2014.

    So i am planning on assembling my evidence and sending a letter to the car dealership to begin the complaint process. Would you agree with this course of action?

    According to consumerhelp.ie my window to make a complaint will close on the 2nd anniversary of the car purchase.


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    #2
    TheAnalyst_
    Registered Users Posts: 1,371 ✭✭✭TheAnalyst_


    I had this happen to me a few years back. I found out the book price of the car for the different mileages. I then told the garage to give me e3000 and I wouldnt take a consumer case against them. They refused.

    I sent the NCA details of the clocked car and evidence of other UK cars that were clocked. They raided the garage and took lots of evidence. The owner was fined 3K in court and received lots of negative press coverage.

    Then I took a seperate small claims case for the maximum of 2K. He didnt contest.

    The whole thing cost him 5K and ruined his business. He should have taken by 3K offer!


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    #3
    George Dalton
    Registered Users Posts: 5,728 ✭✭✭George Dalton


    That's not really the same situation though is it? From my reading of the OP there is no suggestion that the garage the car was bought from are responsible for clocking it.

    It is also worth noting that at the time the OP bought the car the MOT checker was not as easy to access as it is now. You needed a reference number from an old MOT cert IIRC, which was hardly likely to be available with a clocked car.


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    #4
    biko
    Registered Users Posts: 81,223 ✭✭✭✭biko


    Contact dealer and see what they have to say for themselves. Don't assume they are the guilty party yet.
    The car could have been clocked by someone in UK or by the person importing it to Ireland and trading it in.


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    #5
    George Dalton
    Registered Users Posts: 5,728 ✭✭✭George Dalton


    biko wrote: »
    Contact dealer and see what they have to say for themselves. Don't assume they are the guilty party yet.
    The car could have been clocked by someone in UK or by the person importing it to Ireland and trading it in.

    I would say it is highly, highly unlikely that the garage clocked the car.


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    #6
    tayto lover
    Registered Users Posts: 51,577 ✭✭✭✭tayto lover


    Is there any way a mechanic could determine if a car was clocked?


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    #7
    biko
    Registered Users Posts: 81,223 ✭✭✭✭biko


    Generally no. Hence it used to be so common among all kinds of dealers.
    I had a list somewhere with all convicted dealers nationwide. Will see if I can find it again.


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    #8
    tayto lover
    Registered Users Posts: 51,577 ✭✭✭✭tayto lover


    A friend of mine traded his old car in for a new one.
    Something was amiss with the new car and he left it back to be checked out a week later. He was given his old car for the period. The mileage was down from 93 k to 61k when he drove it home.

    Neither of us would shop there again.


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    #9
    bazz26
    Registered Users Posts: 51,147 ✭✭✭✭bazz26


    tayto lover wrote: »
    Is there any way a mechanic could determine if a car was clocked?

    Buyer should be doing proper background checks on the likes of service history, old NCT/MOT certs, history reports, etc. Cars hide miles a lot better these days so it's harder to tell by a physical inspection alone.


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    #10
    CiniO
    Registered Users Posts: 16,089 ✭✭✭✭CiniO


    biko wrote: »
    Contact dealer and see what they have to say for themselves. Don't assume they are the guilty party yet.
    The car could have been clocked by someone in UK or by the person importing it to Ireland and trading it in.
    George Dalton wrote: »
    I would say it is highly, highly unlikely that the garage clocked the car.

    I would agree that is very unlikely that dealer which OP bought car from is responsible for clocking the car themselves.

    But are there no laws against selling clocked car by a dealer ? (when it was clocked beforehand by someone else)?

    I would think that someone who trades cars for living and therefore is a professional is that field, should not be able to sell a clocked and just say - "sorry, we didn't know"...


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    #11
    mickdw
    Registered Users Posts: 23,280 ✭✭✭✭mickdw


    CiniO wrote: »
    I would agree that is very unlikely that dealer which OP bought car from is responsible for clocking the car themselves.

    But are there no laws against selling clocked car by a dealer ? (when it was clocked beforehand by someone else)?

    I would think that someone who trades cars for living and therefore is a professional is that field, should not be able to sell a clocked and just say - "sorry, we didn't know"...

    That is no longer an excuse for a dealer.
    Regardless of who clocked the OP's car, If the dealer sold it clocked, it's his baby.


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    #12
    Sonnenblumen
    Registered Users Posts: 5,834 ✭✭✭Sonnenblumen


    tayto lover wrote: »
    A friend of mine traded his old car in for a new one.
    Something was amiss with the new car and he left it back to be checked out a week later. He was given his old car for the period. The mileage was down from 93 k to 61k when he drove it home.

    Neither of us would shop there again.

    Why no name and shame disclosure
    ?


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    #13
    irish bloke
    Registered Users Posts: 2,057 ✭✭✭irish bloke


    Sonnenblumen wrote: »
    Why no name and shame disclosure
    ?

    Innocent until proven guilty..


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    #14
    tayto lover
    Registered Users Posts: 51,577 ✭✭✭✭tayto lover


    Sonnenblumen wrote: »
    Why no name and shame disclosure
    ?

    It wouldn't be my place to do so.
    It would surely be up to the lad who traded the car in.


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    #15
    colm_mcm
    Registered Users Posts: 73,388 ✭✭✭✭colm_mcm


    mickdw wrote: »
    That is no longer an excuse for a dealer.
    Regardless of who clocked the OP's car, If the dealer sold it clocked, it's his baby.

    The law was different 2 years ago though,


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    #16
    mickdw
    Registered Users Posts: 23,280 ✭✭✭✭mickdw


    colm_mcm wrote: »
    The law was different 2 years ago though,

    I believe the new laws are in since the first quarter of 2014 so the dealer may well be completely on the hook.


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    #17
    biko
    Registered Users Posts: 81,223 ✭✭✭✭biko


    Just one thing OP, could there be a mistake in that UK record in miles and Ireland in kms?


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    #18
    Mintoe
    Registered Users Posts: 340 ✭✭Mintoe


    colm_mcm wrote: »
    The law was different 2 years ago though,

    the specific law on the practice of clocking changed but the main law that covers such a case is The Sale of Goods and Supply of Services act which hasn't changed in anyway that means this consumer has no right of recourse.

    the op should def give the dealer the opportunity to rectify this if the car has definitely been "Clocked". I'd always tell consumers to be calm and not to go in all guns blazing as a calm complainant is more likely to be treated courteously when they are courteous themselves.


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    #19
    Lord Nikon
    Registered Users Posts: 3,609 ✭✭✭Lord Nikon


    How are you checking your UK car mileage?


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    #20
    bennyineire
    Registered Users Posts: 2,468 ✭✭✭bennyineire


    Lord Nikon wrote: »
    How are you checking your UK car mileage?
    https://www.gov.uk/check-mot-history
    Stick the UK reg in on this site, this will give the MOT history which will have the mileage from each test.
    Came in handy for me last week when I was looking a Yellow reg passat last week, the car was clocked


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    #21
    corks finest
    Registered Users Posts: 8,636 ✭✭✭corks finest


    TheAnalyst_ wrote: »
    I had this happen to me a few years back. I found out the book price of the car for the different mileages. I then told the garage to give me e3000 and I wouldnt take a consumer case against them. They refused.

    I sent the NCA details of the clocked car and evidence of other UK cars that were clocked. They raided the garage and took lots of evidence. The owner was fined 3K in court and received lots of negative press coverage.

    Then I took a seperate small claims case for the maximum of 2K. He didnt contest.

    The whole thing cost him 5K and ruined his business. He should have taken by 3K offer!
    Was he named and shamed?still operating?


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