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Can I get my deposit back after test driving a car with incorrect mileage?

I have just paid a £200 cash deposit on a used car at a trader's premises. We test drove it and the car appeared ok. At the time I had no internet access, however on return home I carried out a VOSA MOT history check. The check showed the vehicle as MOT'd on 10 August 2010 with 72,800 miles. Having gone through the test history, it would appear the car has actually lost around 28,000 miles since the test last year, and the previous test shows a higher mileage also. Am I entitled to my deposit back on this basis, being that the car is clearly not as advertised?

Asked on 19 August 2010 by hertslad

Answered by Honest John
Yes, in this circumstance you are entitled to the refund of your deposit, and on the basis of the proof of the car's MOT history the dealer could face criminal charges for attempting to sell it with an incorrect mileage. He has no excuse. The "due diligence" he is required to take would have revealed what you discovered, so confronting him with that information should get your deposit back. If it doesn't, involve Trading Standards and the police. But, of course, going to the police will not get you your deposit back.
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