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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75097
Experience:  Qualified Solicitor
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Unknowingly bought a clocked car (milage been reduced) from

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unknowingly bought a clocked car (milage been reduced) from a car dealership
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: If you unknowingly buy a clocked car, don't sell it on. You'd be committing an offence. Contact your local trading standards office for their advice. If you bought the car from a dealership, you're usually entitled to a refund under the Consumer Rights Act.
JA: What steps have you taken so far?
Customer: i have called the dealership since but the man has responded clearly ignoring i would imagine
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: nope although the purchase was 12 months ago and its only just come to light

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

When did you buy it? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 12 days ago.
hello, i bought the car august last year 2020
Customer: replied 12 days ago.
my name is josh

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

When a private consumer buys a vehicle from a dealer, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to the legislation directly, please follow this link:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:

- of satisfactory quality – they must not be faulty or damaged

- 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 any the above requirements, the buyer will have certain legal remedies against the seller. It is, however, important to note that there is no protection against fair wear and tear, misuse or accidental damage.

If the vehicle does not meet any of the above criteria, the consumer’s rights against the seller are:

1. Reject the vehicle and request a refund – this is known as the ‘short-term right to reject’ and must be applied within 30 days of purchase or, if later, delivery.

2. Repair or replacement – this is still an option in the first 30 days, if the consumer does not want a refund and becomes the standard options after the 30 days have passed. A repair is not really possible here so it would have to be a replacement. Alternatively, if the consumer wants to keep the vehicle, they can ask for a price reduction, based on what is wrong with it. That is something to be negotiated with the seller.

In the event that a refund is issued, the seller is legally able to deduct an amount to reflect the usage costs incurred whilst the vehicle was in the buyer’s possession, such as the extra mileage on the car. Any amount deducted for that must be reasonable and fair.

Once a decision has been made on which of the above rights to pursue, the seller should be contacted, preferably in writing, to discuss that with them. If they refuse to discharge their legal obligations under the Consumer Rights Act 2015, a formal letter before action should be sent, asking for the desired resolution and making it clear that legal action could follow through the courts.

In the event this matters needs to be taken further, the following are the relevant links:

A report to Trading Standards can be submitted first: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Afterwards, a claim can be pursued in The County Court: https://www.gov.uk/make-money-claim

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Customer: replied 12 days ago.
Hello Ben,
None of the above actually apples to my problem. It is not mechanical.
My grievance is with the MOT the car was issued with one year ago that they sold it to me where the mileage looks to have been lowered illegally. Now the car has mileage issues making it difficult to sell.

Hi, the above is not just about mechanical issues. Your situation will clearly fall within the ‘not as described’ category – you were sold a car, the actual mileage of which did not agree with what was advertised. Your eights still remain the same – a refund (for which you are too late), a replacement, or compensation. I hope this clarifies things for you a little bit more.

Customer: replied 12 days ago.
Okay thank you Ben for your time so far I do have a case then. What do you suggest are my next steps?

You would, based on the above and the argument it was not as described. If you have tried the dealer and they have ignored you, then you could report them to Trading Standards to start with. Afterwards, you would need to pursue a claim for damages, such as the depreciation in value considering the mileage difference. That can be done in the County Court online via https://www.moneyclaim.gov.uk/web/mcol/welcome

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