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Copart sold car with altered mileage


winnie_uk
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2 weeks ago bought car from Copart. Car was advertised as having 70K miles on clock, picture of odometer reading shown etc. After purchase VOSA database showed last years mileage reading as 132K miles.

Contacted Copart - usual bull** as we are not responsible, we deny anything, we dont check mileage etc. One of call centre staff actually informed that they had MOT on file and Copart DID see mileage discrepancy but chose not to advise buyers of this.

Any ideas?

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Hi there, welcome to CAG

 

Please help advisors by letting them know what you are looking for?

 

EG reject car, refund compensation etc etc

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Do you have access to the advertisements?

 

ultimately if they advertised the mileage, whether they "check it or not" it is presumed accurate. Even worse if they have the paperwork that contradicts their own advertising.

The mileage is a "Trade description"

 

"A false trade description or a failure to comply with the Consumer Protection from Unfair Trading Regulations 2008, is a breach of the law and is treated as a criminal offense. "

 

Not only that but would also be a breach of the sales of goods act.

 

If it were me, I would write a formal letter of complaint rejecting the car on those two bases. Title it Letter Before Action. Send Recorded Delivery, keep a copy and proof of postage and receipt

 

State that if they do not take the car back and/or refund it then you will take further action resulting in a claim in the county court for the vehicle and court costs AND report them to trading standards.

 

The latter I would do anyway, forwarding proof of the advertising AND paperwork.

 

Feel free to use this thread to help get feedback on any letters before you send them.

 

We do have other members on CAG that are more upto speed with things involving Car Sales, so take on board their advice.

 

It does not matter what they say regarding checking the mileage. They advertised it as such AND had paperwork contradicting their advertisement.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Thank you for advice. The problem is that only one of the staff (and over the phone) mentioned that they had MOT, everyone else just keep quiet or says they didnt check anything, etc. and based on T&C's (that car should be checked by buyers before purchase) they refuse refunds or any kinds of compensations.

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They can say they refuse all refund and compensations all they like, they have to abide by the law.

 

Do you have a copy of the advertisement. If not, can you get a copy?

 

A General disclaimer can not be hidden behind. If they marketed it with mileage, they are responsible for checking it. The law presumes them "Experts"

 

Does any of the paperwork that came with the car, service history or mots have the true mileage on them that contradicts the current mileage?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Unfortunately advert only shows odometer picture with 70K on it and there are no confirmation of mileage. Unfortunately mileage field shows as - unknown even do other cars they advertise have disclaimer in this field - mileage discrepancy, but not for car i purchased.

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the picture might be enough, await more advice

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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A dealer must take steps to verify the mileage of a car. He cannot say he doesn't know, he must tell you the steps taken to verify the mileage.

As you have found the mileage is different to when advertised, then so could the dealer so they cannot use the excuse that they checked but could not verify.

 

 

You 'must' report this to Trading Standards. Trading standards will not do anything on your behalf, but if they have other reports about the same dealer and about incorrect

mileage, they will investigate and if they find clocking is routine, they will prosecute. The sentence for clocking is invariably prison.

 

 

It would be a good idea to contact the previous owner and ask him what the mileage was when he sold it.

 

 

Was the car advertised as HPI checked or were you told that by the salesman ?

 

 

If either, then you should do an HPI check yourself and see what it comes back with. If the mileage is as you suspect, and you want a refund, then you must write, preferably using recorded delivery, and give the car details, the problem and say you reject the car for a full refund.

Edited by Conniff
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And yes it was HPI clear etc (maybe some misleading as to the condition, but thats not my issue). And no, it was not sold as salvage since it didnt had any category or damage to it.

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Why do you think the previous owner altered the mileage ?

 

You say it was HPI clear, who did the HPI check, the seller or you ?

What is the mileage shown on the MoT certificate ?

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Did you read their Terms of Service Winnie, it clearly states:

 

 

"YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT A CONSUMER OF OUR SERVICES, BUT A TRADE PURCHASER. AS SUCH YOU ACCEPT THAT IT IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES FOR US TO EXCLUDE, RESTRICT OR LIMIT (AS THE CASE MAY BE) OUR OBLIGATIONS AND LIABILITY TO YOU IN RESPECT OF THE LOTS WE OFFER FOR SALE ON BEHALF OF SELLERS (WHO ON OCCASIONS MAY BE US)."

 

Buying as a trader makes a big difference.

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What difference does it make? Unfortunately I am not "legal savvy" person and thats why i am here. Previous owner had car for 2 years and last mileage record (August 2014) recorded as 132K miles.

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If you are sold a car and the seller puts on 'Trade Sale' then he is attempting to take away your statutory rights.

 

 

If you are a trader you are not protected by consumer rights. If you declare yourself a trader but are a consumer, then the seller hasn't made an attempt to take away your statutory rights,

you did that by declaring yourself a trader.

 

 

But trader or not, you still have rights if you were deliberately misled into buying something because it was mis described.

 

 

You haven't said why you think it was the last owner who altered the mileage ??

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Also, Coparts Members pledge:

 

- at the time the vehicle was listed for sale, the vehicle's odometer reading was no less than the mileage recorded against the vehicle's registration number in the most recently available information from the DVLA and/or HPI.

 

If any of the above conditions are not met, Copart UK will refund the purchase price and all buyer's fees and applicable taxes, subject to the limitations and eligibility requirements listed in the Terms and Conditions of the Member Protection Pledge program.

 

And they still refused refund!!

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Then send for an HPI report and check the V5 to see if the last owner added mileage when he sold it (optional).

 

 

That way you will have proof and can make a legitimate claim against them for a refund.

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