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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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HiI bought a second hand vehicle in January this year, from

Customer Question

Hi
I bought a second hand vehicle in January this year, from a private seller. I asked him if the milage was genuine, he said he could not guarantee it has the previous owner had lost the service book.

The car had 98,000 on the clock which I thought would be about right for the age of the car (2001), when I took the car from him it had the milage on the MOT 80,220

I took the car for its MOT last week, and on the MOT certificate it gave the last 3 reading from previous MOTs and they were a lot greater than the one that cam with the car.

On checking with VOSA it appears that the car had been clocked whilst in the ownership of the person I bought from, thus making the cars price inflated, am I able to do anything about this from a legal point of view?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

Do you know what the mileage should be please?
Customer: replied 3 years ago.

FOR JOMO1972


 


Hi Jo


I was told the mileage was 98,000 when I bought it on 3/01/13 and when I took it for the MOT last week it now has just over 105,000 miles on the clock. But the new MOT certificate showed that it had higher mileage in the past see below:


 


MOT dated 04/05/2010 Mileage 128,905


MOT dated 19/05/2011 Mileage 127,226


MOT dated 03/05/2012 Mileage 80,220


 


So as you can see from the numbers above its difficult to gauge what the real mileage should be? The one thing I am pretty certain about is that this has happened in the time of the last owner who I purchased the car from.


 


He had a private plate on the car when he had it which changed on the 25/11/2010 and its from this time that the mileage would appear to have been clocked.


 


I think that the MOT that is first on the list above is the correct mileage has I checked further back and everything seems to be ok, it starts to go awry from the MOT dated 19/05/2011 where Mileage is 127,226 which is 1679 mile less than the previous years and then its been tampered with again as the clock then is 80,220 the next time its MOTed which would suggest that 47000 miles had been taken off the car.


 


So the car I thought had 98,000 on the clock has over 150,000 miles and probably more, which had I known I would not have bought and it would have been a lot less than the £3421 that I paid for it, I had to pay £687 last week to get it through its MOT obviously due to the amount of ware the engine has done.


 


Although the private seller said he was un-able to guarantee the milage has the previous owner had lost the service history, but looking at the evidence it appears that he has put the clock back to make the car more attractive to sell has he was the registered owner when these discrepancies occurred.


 


I was considering taking him to the small claims court do you think I have a case? I know its not against the law to change the clock but it is if you don't inform the next owner and that you have done it to get more money from the sale.


 


Many thanks


 


Nick


 


 

Expert:  Nicola-mod replied 3 years ago.
Hello Nick,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Hi Nicola


 


Yes thats fine.


 


Thanks


 


Nick

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologize as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello Nick,

Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can either return your good faith deposit to the original funding source, or we can keep your deposit on your account here for future questions.

Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.

I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 3 years ago.

Hi Nicola


Thank you for trying to help but I have decided to go to the Citizens advice and have made an appointment.


 


Please refund the money I deposited with you and close the case.


 


Thank you for trying to help.


 


Regards


Nick

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