Hi,
I recently bought a Peugeot 2008 reg, 47000 miles .tidy thing generally good condition.
I did all the usual checks, HPI ,checking with the manufacturer to see if any warranty or recalls had been done on the car, to check the mileage ,when they were done .no problems with the mileage were detected.
I had the cars first MOT done so a VOSA check didn't exsist.
I bought the car without a service history.
I sold the car to a couple who kept it about six months and then part exchanged it with a main dealer.
The main dealer disposed of the car through a local auction house .
The auction house told the main dealer they had previously sold the car with 147000 miles.
The main dealer now wants my buyer to reimburse them to the amount of
£2000.For the supposed higher mileage.
What I'm hoping forum members can help with is a point of law .
Given that I had done all the checks it was possible to do ,and no problems were found ,what's the extent of mine and my customers liability.
Have any forum members come across a similar issue.
In short ,can we be liable even though I wasn't dishonest or reckless in the transaction.
As I said earlier ,what I'm looking for is a legal precedent to quote ,as it looks as though we could end up in court.
Tony g
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Can you challenge the figure of 147,000? Seems less likely for a three-year-old car, especially a Peugeot which would be pretty well shot by that mileage.
Where's their evidence? It could even be a typo by one of those tedious little don't-care pen-pushers who abound in large organisations.
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Thanks avant,
A good point,I'm not sure how the auction will be able to confirm the mileage they say the car has done.
Neither HPI or Peugeot can contest the mileage of 47000.
As before, what I'm hoping is that forum members may know of a legal precedent ,that I could refer to.
Tony g
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Isn't mileage recorded in the ECU, or somewhere? In which case, a main dealer, or other garage, ought to be able to confirm the true mileage.
And 147000 does seem pretty unlikely for a 3 year old small hatchback.
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Thanks piranha .
That's one area I'd not thought of ,
Unfortunately I've sold the car on and so has the person I sold it to.
I'm not sure where the car is now.
Theirs a good chance that it's been sold via the auction.
Just as general points of interest trading standards tell me, that because my customer has sold the car,my liability to them has now ended.
Although that may well be correct, I don't want to leave my buyer to deal with the problem alone.They bought it in good faith as I did.
Another oddity that came up in discussions with trading standards ,was that when a car dealer sells a car to a tradesman ,ie shopkeeper, builder,window cleaner,pretty much anybody who's self employed .They're not considered to be consumers by consumer protection law.The dealer is entitled to sell them cars as seen.
I've been in the car trade thirty years and never come across that.
As per previous posts ,what I'm hoping ,is that someone has come across case law with this issue.
Tony g
Edited by tony g on 18/12/2011 at 10:33
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Where did the car come from surely the seller is responsible if the mileage has been tampered with.
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Hi collos,
Whether the mileage has been tampered with has still to be established,
I can prove via HPI and a copy of the advert that I bought the car from ,that I'm not responsible.
The guy I bought the car from insists he bought the car with 47000 miles .
The only person that could have a problem is the person I sold the car to.
They part exchanged the car with a main dealer ,as my customer part exchanged the car with the proviso that to the best of their knowledge and belief the mileage was correct .I'm not sure how the main dealer can expect to receive compensation from my buyer.
Thanks for the interest
Tony g
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Just as general points of interest trading standards tell me, that because my customer has sold the car,my liability to them has now ended
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Outlier,
Point taken ,however I don't want to leave my buyer with a huge bill,when he bought a car from me in good faith.
Or should I just say tough luck and leave him to it?not right is it ?
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I tend to agree with avant. I havent seen many peugeots carry that sort of mileage off without ringing alarm bells.
I'm sure as an experinced sales guy you would of spotted one clipped back that far. It sounds more like a clerical error somewhere along the line.
I cant remember on the Puegeots but most cars you can interogate the ECU and check the actual mileage , although there are some clockers that can set the mileage in all the ECU's around the car for example BMW & Merc
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