Sold clocked car by franchise dealer

[maz8062]

Username... said:

However, the dealer came back to me and told me that the franchise group need to make the final decision. Almost week passes before I receive a call; I'm told that group will fund the replacement up to the value of £x - a value which is about £5-6k short of where we need to be to get me into the model of car which they suggested to me in the first place!

The sales manage has been my point of contact throughout. He understands and seems to sympathise with my situation. He realises that we can do very little with the budget offered (a budget which will put me a far lesser vehicle). The alternative is a refund, which may seem reasonable, but it leaves me without a car - an option I'm not interested in. As far as I'm concerned, they owe me a car.

Edited by Username... on Tuesday 14th July 17:11

I don't see what the problem is here. They've offered you a full refund of X, or a contribution of Y towards another car plus £5/6k from you. Is Y more than X? If so and you like the car buy it. If not you've had free use of a car for 2 years and your money back.

It seems that you want a car that costs a lot more than yours for practically nothing. You feel that the dealer has let you down and want compensation.

Good luck

[Username...]

2 sMoKiN bArReLs said:

A tricky one.

100% if I were the dealer I'd say sorry & buy the car back from you at the value of the unclocked car.. That way there's been no harm done.

The other alternative is for you to keep the car with a discount.

For me (as a previous franchised dealer) I'd think that was very reasonable.

Sometimes in life things don't go 100% to plan.

Thanks for your response.

I can see how that could be considered a reasonable solution. However, in this instance, I'd have no car, some money in the bank, but may not be able to buy the same car again. Even if I could, I'd be looking at paying a premium at the dealer again. It's very likely I'd be a long way out of pocket.

I appreciate this isn't an easy one. My main concern is not being done over and finding myself out of pocket, only having to fork out more of my own cash to put me back into the same or a similar car.

As someone said above. You pay a premium at a dealer for security, piece of mind, and for the best examples of cars for sale. Clearly they've failed on this and I expect them to make up for it now.

[oobster]

If their final offer is to put you in the car you've seen with money coming from you and you aren't going to wear that then they are gambling on whether you'll go the legal route.

You've already said you don't have much appetite for that, so short of naming and shaming via social media etc or accepting a refund and leaving you without a car there isn't much you can do.

Are they offering to buy the car back from you at the current market value based on the mileage it is displaying, or are they going for the full purchase price from 2 years ago?

[Cold]

They can't magic up a car from nowhere if yours is a unique spec. Take the money and run while basking in your two years of low cost motoring.

[ro250]

This sounds like an unfortunate situation but one which the dealer is trying to be reasonable about.

You've had the car 2 years but the dealer is offering you a full refund - is that right? I know you want a car but there isn't one around so it sounds like a fair offer. If you'd bought the car and it had genuine mileage, presumably it'd be worth a few grand less now. I totally understand why you're unhappy but I think time elapsed does need considering here and what's realistic given what sounds like a genuine error.

[Username...]

maz8062 said:

It seems that you want a car that costs a lot more than yours for practically nothing. You feel that the dealer has let you down and want compensation.

Partly both true, in all honesty. The replacement car doesn't cost "a lot more" than the original sale value of mine. Some more, yes.

The dealer has broken the law and undermined their own policy (or promise) to their customers. I paid a fair amount of cash for my car, which, as it turns out, I could've bought from any back street garage. In my view (obviously) they should recognise that there's some making up to do here.

The point is that the dealer knew my situation (not prepared to pay anything to change car), then introduced me to potential replacements, arranged tests drives, started searching for one on my behalf, then backtracked after their central office got involved.

[2 sMoKiN bArReLs]

Looks like you've had a lot of good advice from experienced people.

You now need to follow your heart.

Good luck & let us know how it pans out.

(But, don't fall into the trap of letting it consume you. Sometimes you just need to aim for a compromise & move on)

[Jimmy Recard]

I thought that mis-selling involved deliberately misleading the customer? If that's the case, I can't see that a law was broken, unless there is evidence that the dealer knew about the clocking

[A1VDY]

Get the dealer to do a major service on it replacing any worn components Inc brakes/suspension /steering ect. Maybe a financial contribution to compensate for the lost 20K miles, keep the car and just move on.
Sounds like a lot of grief otherwise for the small difference in value..

[Username...]

Jimmy Recard said:

I thought that mis-selling involved deliberately misleading the customer? If that's the case, I can't see that a law was broken, unless there is evidence that the dealer knew about the clocking

To check whether this car had been clocked involves plugging it into a computer. The dealer has been negligent in it's duty to uphold the law when it comes to the sale of vehicles, by failing to do the basic checks.

The mileage discrepancy was found easily by a third party. BMW has no excuse.

[Jag_NE]

Quite frankly it comes across like you want to make life difficult for the dealer as opposed to actively pursuing a simple and reasonable settlement. Ask for a cash settlement to reflect the value of the 20k haircut.

[Username...]

I appreciate the responses. Lots a valuable advice and opinions here.

I'll work out the next step - perhaps update you all on the outcome.

[Cold]

Username... said:

Jimmy Recard said:

I thought that mis-selling involved deliberately misleading the customer? If that's the case, I can't see that a law was broken, unless there is evidence that the dealer knew about the clocking

To check whether this car had been clocked involves plugging it into a computer. The dealer has been negligent in it's duty to uphold the law when it comes to the sale of vehicles, by failing to do the basic checks.

The mileage discrepancy was found easily by a third party. BMW has no excuse.

What about the HPI report you did before buying the car? Did that show any mileage discrepancy?

[OddCat]

I still don't understand what the OP has been offered ! Is it :

1. A cash amount equivalent to the value of the car now but with the lower (correct) current mileage
2. A cash amount equivalent to the original purchase price of the car
3. A similar car of a similar age but with the correct (lower) current mileage
4. A newer car but with not such a nice engine
Etc etc

I think if the dealer offers a cash amount equal to the current retail value of the car if it had the correct (lower) mileage that would be more than fair....

[mmm-five]

Once a poster starts spouting 'the law is the law" I lose any sympathy I might have had.

[2 sMoKiN bArReLs]

Username... said:

perhaps update you all on the outcome.

Well, really

[RMDB9]

Username... said:

Obviously, the news was pretty shocking and I felt pretty devastated [/footnote]

so the car worked well, as it should, over the last few years you have owned and driven it, and the news that it had 20k miles more than you thought, that was "pretty shocking" and you felt "pretty devastated"?

How many miles did the (pre-owned) car have when you bought it? how much of a difference did these 20k miles make in terms of its overall mileage??

"DEVASTATED"?? Man, it is just a mass-manufactured pre-owned car, not Stirling Moss'es 300SL.

[Krikkit]

Username... said:

2 sMoKiN bArReLs said:

So, why isn't the answer as above?

Because I don't want to be left without a vehicle. I want the dealer to resolve the problem by supplying me with a vehicle as a replacement. This was their own suggestion and was apparently something they were prepared to do, even bearing the additional cost, until "group" were involved.

Essentially, I've been led on and now they're backtracking on what was a deal - in principle.

I can only suggest that it's tough titty now - you've bought a very specific and rare combination of model, you can't blame them if there isn't another.

[leyorkie]

How long are you planning on keeping this car?
Would 20 k be significant at the end of life?

[T5R+]

OddCat said:

I still don't understand what the OP has been offered ! Is it :

1. A cash amount equivalent to the value of the car now but with the lower (correct) current mileage
2. A cash amount equivalent to the original purchase price of the car
3. A similar car of a similar age but with the correct (lower) current mileage
4. A newer car but with not such a nice engine
Etc etc

I think if the dealer offers a cash amount equal to the current retail value of the car if it had the correct (lower) mileage that would be more than fair....

If option 2. Personally, would take it.

Would love to know what this unicorn car actually is. I am picky over colour/engine/interior/options but unless buying brand new, we all compromise.