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Accidentally sold a clocked car.... - Tempesttwo
about 6 mths ago I sold our family car ( I am not a trader) for about £1800 to a small car trader. I advertised it at the mileage the speedo said at the time.
Today(6mths later) he just got back in touch saying he’s checked mots from 2016 and the mileage shows a difference of about 20,000 miles. This was before I owned the car.
He want me to take the car back....
i am completely innocent and don’t have the finances. I appreciate his side however a part of me thinks a trader should be checking this kind of thing before buying?!
anyhow what should I do/what are my rights?/ I bought it through a private sale myself- they seemed decent enough people at the time.....
your help and advice will be most appreciated....
Accidentally sold a clocked car.... - Manatee

I think the general principle in a private sale is that the car should be as described. Quite how that bears on mileage reading accuracy I'm not sure.

Even if deemed not to be as described, it would presumably be a civil rather than a criminal matter (I'm not a lawyer, this is just making conversation).

The fact that he has divined this discrepancy using public information that would have been available to him at the time he bought it suggests that he did less than he could have done to mitigate whatever loss he would be claiming. That would probably limit what a court would award him, even if he were to sue you and if he were to be awarded anything at all.

If you have no money to buy the car back anyway then it is unlikely that he would consider you worth "powder and shot" even if he had a case.

Having said all that, I think he's trying it on. He's a trader, he's supposed to be an expert and should be able to check for himself that a car is as described. Even a private buyer has very little prospect of comeback on a private sale, a trader who should know better will get even less sympathy.

I would certainly tell him that you were unaware; that he obviously knew how to check the mileage anyway so he should have done so; and that you are in any case not in a position to buy it back. If he doesn't accept that then he will have to decide whether to sue you. I think he will decide not to bother.

Accidentally sold a clocked car.... - focussed

A lot simpler explanation is that as the alleged discrepancy happened before the OP bought the car, and can be proved, - the trader is whistling in the dark.

Accidentally sold a clocked car.... - Andrew-T

You can easily check the car's MoT history for yourself - and if you have owned the car long enough for it to have had a test, the result of that will show the last 4 years mileage readings.

If you still have documents from your purchase of the car, proving innocence should not be difficult. I suspect the dealer just wishes he hadn't bought the car. Would a higher mileage make a big difference to its value? Probably not.

Accidentally sold a clocked car.... - daveyjp
As a private individual you sold it to an 'expert' and provided the info you believed to be correct.

If a car dealer can't use the internet to do a very basic due diligence check before doing a deal its their problem.

You don't have to prove anything, he has to prove you deliberately misled him, but the 'expert' issue will always come back to bite him when checking is so easy.
Accidentally sold a clocked car.... - bathtub tom

If the OP had owned the car for more than one MOT, then the objector could be p***ing in the wind.

However.........................................................................!

Accidentally sold a clocked car.... - catsdad
I agree with davey and the rest.

Out of interest what are the MoT recorded mileages over the period in question? Often it's just a mis-key on one MoT that gives an apparent discrepancy.

Accidentally sold a clocked car.... - madf

"Today(6mths later) he just got back in touch saying he’s checked mots from 2016 and the mileage shows a difference of about 20,000 miles. This was before I owned the car."

1. If true, he has NO recourse to you. Yopu sold car in good faith Clocking done before your ownship.

and

2.

A six month delay is unreasonable..

and 3. He is teh expert and your are not.

Tell him to go and move soil off.

Accidentally sold a clocked car.... - Galaxy

You sold the dealer the car with the best knowledge you had yourself about the vehicle at the time. You acted in completely good faith.

If the dealer didn't choose to make the recommended checks before he purchased the car from you then I'm afraid that's down to him. He is a professional car trader, you are not.

You have no case to answer - Tell the dealer to sod off!

Accidentally sold a clocked car.... - Bromptonaut

As above tell him to go do one.

He should have checked this stuff before buying. Why has it emerged only after 6 months?

Either somebody he's sold the car on to has pursued him or, it remaining unsold after so long he regrets buying.

Assuming we're in England and Wales then even if he goes to law it's small claims territory. No costs for legal representation, just whether he can make a case for the judge.

I think he'll struggle.......

Accidentally sold a clocked car.... - Miniman777

As above tell him to go do one.

He should have checked this stuff before buying. Why has it emerged only after 6 months?

Either somebody he's sold the car on to has pursued him or, it remaining unsold after so long he regrets buying.

Good suggestions as to why. As others have said, he didn't do due diligence and trying to cut his losses.

Given used dealers are awash with cars, I also find this a bit odd, just bang it in an auction and take the hit.

Accidentally sold a clocked car.... - SLO76
As a trader of many years I can tell you he has no claim over you. He’s the so called expert it’s down to him to properly assess what he buys and then sells on. Tell him to do one. It’s not as if we’re talking about a £20k BMW here, it’s a budget near trade bargain bucket at £1,800. Ignore any further correspondence.