Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Did you buy privately or from a dealer?
How did you find out about the tampering and do you think the seller knew about it?
When a person buys a second-hand vehicle from a private seller, their rights will be somewhat limited and will not be as extensive as if they had bought it from a dealer.
In general, there is no legal requirement for the vehicle to be of satisfactory quality or fit for purpose. Therefore, the buyer will only have rights if the vehicle did not match the description given, whether in the advert or any subsequent discussions. This would amount to breach of contract or misrepresentation
In terms of tampering with the mileage of the car, this is known as clocking and it is illegal to sell a clocked car. If you believe you have been sold a clocked car or that the seller misrepresented the mileage you can consider taking further action.
In the first instance, any issues with the vehicle should be resolved directly with the seller. You can also use threats of legal action as a negotiating tool, although I would only recommend formal legal action if you have valid grounds where you can show your situation falls within one of the circumstances listed above.
If you need to take this further, then whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.