clocked car private sale recorded verbal agreement

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Sat 18 Feb 2012 09:31
clocked car private sale recorded verbal agreement - kebab

Hi All,

Bought a clocked car from an old boy, he didnt know it was clocked as it was before his time.

It only came to my atttention checking DVLA after. I know that was stupid!

It has a full service history (fake obviouly as it shows incorrect mileage)

car shows 90k but in 2005/6 it was showing 90k and 110K

My question is this...Can I take him to court and win i.e. get my money back?

I have the advertisement and DVLA records

but more crucially I have an audio recording of him saying basically that he knows he is being recorded and he will give me a refund if I can prove the mileage to be incorrect as he does not think it is incorrect.

He has since then told me "buyer Beware" and is willing to go to court.

what do you think?? car cost me £4500 so it owes me a lot....

Many thanks

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Sat 18 Feb 2012 13:31
clocked car private sale recorded verbal agreement - SlidingPillar

Sale of goods act does not apply to private sales, and from what you say, there is no evidence of fraud by the seller.

So from that point of view, you have no recourse and should have done the check before purchase.

I'm not sure the audio recording alters anything, but to pronounce there, you really need someone with legal training. A lot of solictors will give the initial 1/2 hour for free, and the case and recording are simple enough so should be easily discussed in the free time.

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Sat 18 Feb 2012 14:11
clocked car private sale recorded verbal agreement - bathtub tom

The seller could deny it's his voice on the recording.

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Sat 18 Feb 2012 18:36
clocked car private sale recorded verbal agreement - daveyjp
Private sale so you have to prove he set out to deceive you(very difficult, unless you have full proof of every conversation), but more importantly you made all relevant enquiries prior to purchase.

As MOT data is available online you failed to undertake basic due diligence which would have highlighted a discrepancy.

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Sun 19 Feb 2012 02:03
clocked car private sale recorded verbal agreement - tony g
Hi kebab,
You can only make a claim against the person who sold you the car ,if you can prove that he delibratlely mislead you .

The law that applies is not consumer protection .It is the 1967 misdescriptions act ,

If you check when the car was registered to him ,and then check if the car was clocked after he bought it .You can sue in the small claims court for your money back .
Check the year when the car was clocked ,from the VOSA report ,then check the date when the car was registered to him on the V5 reg doc . If it shows that the car was clocked after it was registered to him ,you should get your money back .

If the car was clocked before he became the registered keeper you have very little chance of getting your money back .As you now know, you must always do a VOSA report and and HPI report before you buy any car .

If you need any more help do get back in touch with the forum ,please let us know the outcome .



Regards

Tony g

Edited by tony g on 19/02/2012 at 02:05

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