How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 69032
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I had a consumer issue - I brought a car from a dealership a

This answer was rated:

I had a consumer issue - I brought a car from a dealership a few years ago. I have just go to sell it on and it appears that it has potentially been clocked. I have an email from the dealership stating they were aware of an issue but not let me know. As the car was misold to me and not as described, I was wondering what my rights are?
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: In Hampshire and have only been to citizens advice bureau so far
JA: What steps have you taken so far?
Customer: I have just been to citizens advice bureau and thats it, I was hoping to understand my rights before contacting the company
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not that Im aware of

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 6 months ago.
Ok , ask away

When exactly did you buy it and when did the dealership email you acknowledging the issue?

Customer: replied 6 months ago.
I brought it on 28-05-2016. The email was not to me but an internal email that I have found in my paperwork. It is from the dealership CAP HPI in regards ***** ***** outstanding NMR - email dated 11-03-2016. I have tried to contact both but CAP HPI is just voicemail and the dealership Sparshatts - say they have been taking over by the Richmond Group. I have investigated this but apparently the Sparshatts garage Southampton - I brought my vehichle from is still operating as Sparshatts

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer law, specifically the Consumer Rights Act 2015, which requires goods sold by a business seller to be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

If the vehicle does not meet the above requirements, the buyer will have certain legal remedies against the seller. In your case you would be arguing that it is not as described as the advertised mileage did not match the actual mileage.

AT this stage you are still within time to take it further as you have 6 years within which to do so, but you cannot get a refund and you can only look at getting a replacement but they can consider the current value of the car not the value when you bought it. Instead you may wish to consider compensation for the difference in value comparing the actual mileage and clocked one.

Does this answer your query?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thanks Ben,All clarified,Thanks for your time

All the best

Customer: replied 6 months ago.
Hi Ben,1 last question if you can advise please - is it illegal for me to sell my car now knowing that it is clocked?ThanksOlli

If you know that the car has been clocked you must advise the buyer of this otherwise it would be unlawful