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Without knowing it I traded in a clocked car!
I recently traded in a car to EVANS HALSHAW, where I spent £12.5k on a new BMW.
That was around 4 weeks ago, however I had a phonecall today from one of the managers saying I must either trade the cars back for a full refund or pay them an extra £2k, on account of them finding out the car was clocked by around 100k miles.
I have a copy of the original advert, which clearly shows that when I bought the car it had 62k on the clock, and it also states 'HPI CLEAR.'
Due to this EVANS HALSHAW have fully accepted I have NOT clocked the car (which is absolutely the case, might I add).
They base this £2k on the car being worth £2k less than they gave me for it. The manager on the phone tried to put it across to me as though I only had two options (as stated above), however I told him to get stuffed and that I would take option 3, which was to tell him as such.
I tried to press on the manager asking him what legal basis he had to request the money, however he eventually admitted he did not know. He said he would scuttle off and speak with his legal team!
Do I have anything to worry about here? I have never lied to them or anything and I never considered it was clocked myself. Surely as it's a large corporation I am within my rights to expect them to do these checks prior to doing the deal?
NB, the above was the second phone call I had on the matter. The first was the lad I bought the car from telling me it was clocked but that I had nothing to worry about, all I had to do was sign a form to say I had bought the car with that mileage on it and then they would leave me alone, hence the shock of this second phonecall.
That was around 4 weeks ago, however I had a phonecall today from one of the managers saying I must either trade the cars back for a full refund or pay them an extra £2k, on account of them finding out the car was clocked by around 100k miles.
I have a copy of the original advert, which clearly shows that when I bought the car it had 62k on the clock, and it also states 'HPI CLEAR.'
Due to this EVANS HALSHAW have fully accepted I have NOT clocked the car (which is absolutely the case, might I add).
They base this £2k on the car being worth £2k less than they gave me for it. The manager on the phone tried to put it across to me as though I only had two options (as stated above), however I told him to get stuffed and that I would take option 3, which was to tell him as such.
I tried to press on the manager asking him what legal basis he had to request the money, however he eventually admitted he did not know. He said he would scuttle off and speak with his legal team!
Do I have anything to worry about here? I have never lied to them or anything and I never considered it was clocked myself. Surely as it's a large corporation I am within my rights to expect them to do these checks prior to doing the deal?
NB, the above was the second phone call I had on the matter. The first was the lad I bought the car from telling me it was clocked but that I had nothing to worry about, all I had to do was sign a form to say I had bought the car with that mileage on it and then they would leave me alone, hence the shock of this second phonecall.
Asked on 14 December 2011 by MrFeenee
Answered by
Honest John
No. The dealer made the mistake. He should have checked the mileage before he took the car in p/x. You could only be successfully sued for this money if the dealer could prove that you knew the mileage was incorrect, for example from past MoTs and the service record you handed over with the car, or because you clocked it yourself.
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