Hi all I need your help/advice,
On Monday just gone, I swapped my car (Audi) for a Vauxhall at a car dealership (not main dealership).
I test drove the Vauxhall, he test drove the Audi, everything was fine and agreed sorted all the paperwork and we part ways.
Yesterday ( I wasn’t home) mum said 2 guys turned up at home because they didn’t have my phone no. wanting to speak to me about my Audi and take the Vauxhall back, she took their no. and I called the guy to see what was up.
Basically he said, the recorded mileage on the checks the dealers do doesn’t match the odometer on the car. I didn’t know any of this when I bought the Audi privately (cash), all the paperwork looked ok and matched the cars mileage reading etc and it all appeared fine to me.
Audi odometer says 79k, VOSA records show 166k, so it appears to have been clocked before I bought it back in Oct 2014.
I was shocked to hear this and naturally had it checked myself and its right, the mileage on the car doesn’t tally with the history.
The guy now wants the Vauxhall back and for me to take the Audi back or he will take me to court for supplying false documents etc. I only gave him what was given to me when I bought the Audi.
He as a dealer and an “expert” of the trade should of done all the relevant checks before completing the transaction with me right? Me as a private individual am not expected to have the knowledge to be able to check a car properly according to law apparently I’m a “layman”.
Through his negligence he didn’t do the appropriate pre-sale checks expected as a dealer who should be an “expert” of the trade and 4 days later wants his car back because post-sale he’s then done the checks that should have been done pre-sale before even letting me near or even considering allowing me to part exchange my car for the Vauxhall (straight swap).
He’s signed the sale and agreed everything and let me walk away all fine on Monday. Where do I stand with this? I don’t know what to do.
If I fight it and don’t swap the cars back then he’s probably going to push the angle that I have clocked the car during my time of ownership and supplied false documents, I have no way of proving I didn’t clock the car apart from the MOT was granted in July 2014 at a reading of 68k miles, the VOSA/DVLA records shows 166k miles. I purchased the car in October 2014 (3 months after that MOT) and that’s when the registered keeper date changed on the records aswell, I have no service history during my time of having the car and its MOT was not due until July 2015.
Equally he has no way of proving I did clock it. From your experience and guidance what would you recommend I do? Where do I stand?
For the new car I’ve just spent £300 replacing tyres because they were classed as dangerous and £200’s worth of replacement brake pads and discs waiting to be fitted at hom again because they were dangerously low.
I have 3 options I think.
1. Swap back and then live with the Audi ( I still have the incorrect mileage issue) I don't have any details from who I bought it from it was a cash sale.
2. Fight it (if you think I should and have a chance)
3. Agree to swap back but only if I’m reimbursed for the parts I’ve had replaced on the Vauxhall (if he says no, then ill have to fight)
What’s your input on it? Any guidance would be greatly appreciated.
Thanks
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