What would you do.....

[renault12ts]

Probably nothing. Though I would question why this was not spotted if on a National database.

 

[kwakdonut]

Probably nothing. Though I would question why this was not spotted if on a National database.

Yes, I thought the national MOT database would spit that out too but it didn't. Checked my HPI and it states 'No Discrepancy'.....

 

[kwakdonut]

Anyone else offer any advice? I have pretty strong proof of when the car was clocked but don't really know who to contact first....

 

[wemorgan]

Is the small claims court an option?

http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm#time_limits

 

[kwakdonut]

Is the small claims court an option?

Small claims

It might be, but as it states 'You must try and settle a claim before taking court action'.

Need to exhaust all avenues be going down that road!

Thanks Will

 

[renault12ts]

Short of confronting the seller, I'm not sure what you can do.

 

[kwakdonut]

Me either and tbh, I do not want to confront this guy until I am 100% sure and I think I'm almost there!!

Wanted to know what or whom I have on my side. I know it's a private sale and caveat emptor but this is fraud and it's illegal. The car at the moment, IMHO, is almost unsaleable

 

[PXW]

Yes, I thought the national MOT database would spit that out too but it didn't. Checked my HPI and it states 'No Discrepancy'.....

Any potential for recompense from HPI?

 

[kwakdonut]

Any potential for recompense from HPI?

It is possible, will be contacting them tomorrow too....

 

[st13phil]

Any potential for recompense from HPI?

According to the HPI website

The HPI Guarantee does not cover the vehicle's descriptive information (including import status), mileage, value, V5 registration document checks, or if the loss has arisen as a result of a fraudulent transaction.

which doesn't sound too hopeful

 

[kwakdonut]

According to the HPI websitewhich doesn't sound too hopeful

Bugger

 

[PXW]

According to the HPI websitewhich doesn't sound too hopeful

Agreed, but their marketing offer states:

Mileage Problems

The HPI Check uses the database of the National Mileage Register to search around 125 million records. It provides the best intelligence available to protect against clocking and will help you decide whether the car that's showing a mileage of 32,000 may have actually covered 132,000 miles.

If the OP can show that best intelligence should have highlighted the clocking then he's got at least an embarrassment/goodwill claim on HPI - they will not want the adverse publicity of someone who got caught out on something they claim to check, even if they don't warrant it.

 

[kwakdonut]

Morning all,

just wanted to update how I have got on with my little 'problem'.

I have spoken to Consumer Advice (apparently, you can't contact Trading Standards directly!) who were very helpful. They suggested I write to the seller stating all the facts and work out an amount as 'compensation'. This I did a couple of weeks ago and lo and behold, I received a reply from the seller yesterday offering me £1500!!

Bit of a result really as I did not expect any reply.

Anyway, I made a decision that the car should go. I have kind of fallen out of love with it, such a shame as I had many plans for her this year! She is going to a new home this weekend, a forum member, who knows EVERYTHING about the car. I am in no way dishonest and wouldn't dream of selling the car on without letting a potential buyer know all the facts. Of course, it will be up to that forum member to let you know who he (or she!) is if they wish to do so.

I have already sourced a replacement, unfortunately, not an MB but an interim car that will keep me going until my finances improve and my life has stabilised somewhat!

As many do, I have no intention of leaving the forum as I find it entertaining as well as informative and I fully intend to purchase a new MB as soon as possible.

Thanks to everyone who has provided help and assistance and I hope no-one gets stung like I did!

Tony

 

[tagnut]

Well done Tony, not nice to have all the heartache but not that bad a result in the end.

 

[kwakdonut]

Well done Tony, not nice to have all the heartache but not that bad a result in the end.

....as well as the stress, disappointment etc but you're quite correct, a positive result when I was expecting none.

I have certainly learned a lot as a result and was particularly careful with my new acquisition!

Tony

 

[harry_dhuga]

With todays electronic mileage displays, is it just as easy to clock a car as it used to be?

I'm sure it is easy when you know the right people like anything else..!!!

My E55 had 100k miles taken off it, when it came to selling it though I was totally honest and didn't actually end up losing much money at all.

 

[harry_dhuga]

....as well as the stress, disappointment etc but you're quite correct, a positive result when I was expecting none.

I have certainly learned a lot as a result and was particularly careful with my new acquisition!

Tony

Hi Tony, I know how you feel - I was gutted big time when I found out my E55 had been clocked..!!!

Best being honest though, I was and managed to sell it for a good price in the end.

Like you have said I do alot more checks now I have been in that situation.

 

[kwakdonut]

The forum member who is taking the car off me has been told everything and is happy to take the car. I will be getting some money back from the seller so in the end guess I will end up with the amount I would have expected to get for it if it had been 'correct' mileage.

Live and learn!

 

[DrNick]

Was the seller a dealer? Is not the offer of compensation a form of admission of guilt? Has it been happening to lots of his cars and does he view getting caught out once in a while an occupational hazard?

I don't understand why people are happy with this outcome? (Other than £1500 in the pocket, which to be fair smooths over the immediate problem for the OP). There is still a known clocker out there being allowed to carry on

Or have I missed something?

 

[tagnut]

Is not the offer of compensation a form of admission of guilt?

Whilst that may be the opinion of many I doubt it is so easy to prove.