Sold clocked car by franchise dealer
Discussion
If you like it then push for some money back to cover the difference in value and the damage to residuals and continue to enjoy the car. I get that it can be difficult not to find that the car is a bit tainted, it'd be like finding out your wife was DPd by the chuckle brothers before you married her, but if it was great before it's still great and you can have a few grand to cover any losses you may face.
RMDB9 said:
"DEVASTATED"?? Man, it is just a mass-manufactured pre-owned car, not Stirling Moss'es 300SL.
My friend you've been had. Moss's car was an SLR, not an SL. If you've been sold an SL then your Mercedes dealer has hosed you and overcharged you by about £7m. You need to seek compensation or a replacement SLR of similar age or provenance. Username... said:
The replacement car doesn't cost "a lot more" than the original sale value of mine.
Not seen a clear answer to this yet - is the dealer offering to fully refund you?If they are, then that's the absolute maximum extent of their legal obligation. They could deduct for your use of the vehicle - there's a case on the FOS pages where a customer rejected a Merc after months of hassle and the FOS awarded 15% of the monthly payments to be returned as compensation.
leyorkie said:
How long are you planning on keeping this car?
Would 20 k be significant at the end of life?
It'll make very little difference in value. Two identical cars, same age, one 20k miles more will likely be just a few hundred quid apart. Near end if life, it'll make sod all difference.. Would 20 k be significant at the end of life?
Why on earth wouldn't you accept a refund ? You can walk into a dealer and buy another car same day you're not without a car.
I've only had one refund on a car, I suspected it was clocked but only because despite test driving ok I had loads of issues on the way home culminating in it dying the next day . I got a full refund but I did try and get a bit more to cover my legit expenses (5 journeys of 120 miles to test drive and later collect. I was not successful.
I've only had one refund on a car, I suspected it was clocked but only because despite test driving ok I had loads of issues on the way home culminating in it dying the next day . I got a full refund but I did try and get a bit more to cover my legit expenses (5 journeys of 120 miles to test drive and later collect. I was not successful.
Legally I dont think you could hold them liable for more than the original value of the contract (the car). Thats a fairly standard term in a contract, doesnt change anything youre entitled to by law (e.g. compensation if it injured you) but you couldnt claim for more under the contract.
If they've offered you the full price you paid for it 2 years ago then bite their hand off and run! Surely being able to walk intona dealer and buy an equivelent car 2 years newer car is a better proposition! Unless it was some super rare garage queen you were mothballing in anticipation of its value going up you've just had an expensive car for free for two years!
I have nothing more usefull to add other than to quote this bit of genius.
If they've offered you the full price you paid for it 2 years ago then bite their hand off and run! Surely being able to walk intona dealer and buy an equivelent car 2 years newer car is a better proposition! Unless it was some super rare garage queen you were mothballing in anticipation of its value going up you've just had an expensive car for free for two years!
I have nothing more usefull to add other than to quote this bit of genius.
stickleback123 said:
it'd be like finding out your wife was DPd by the chuckle brothers before you married her,
Edited by thisisnotaspoon on Tuesday 14th July 21:26
thisisnotaspoon said:
I have nothing more usefull to add other than to quote this bit of genius.
stickleback123 said:
it'd be like finding out your wife was DPd by the chuckle brothers before you married her,
Thank you, I 'm here all week Edited by anonymous-user on Tuesday 14th July 21:41
I'm confused. At the start you state that the dealer notified you of the discrepancy and were apologetic. But then later you state a third party noticed the discrepancy. Which one was it?
For my own benefit, can some please explain to me what laws were broken? The dealer have their approved used car system which I get. If the dealer had done their usual checks and it didn't turn anything up then they've done their due diligence? They're not intentionally misleading? Their own policy does not constitute as law though.
For my own benefit, can some please explain to me what laws were broken? The dealer have their approved used car system which I get. If the dealer had done their usual checks and it didn't turn anything up then they've done their due diligence? They're not intentionally misleading? Their own policy does not constitute as law though.
Earlier in the thread OP you said the dealer contacted you to let you know there was a discrepancy in the mileage.
Username... said:
Hi All,
Stuff....
Very recently it came to light that this vehicle has been clocked, with approximately 20k miles removed from the odometer. I was initially contacted by the dealer principle, who was very apologetic, told me "this never happens", etc, etc.
Stuff
Yet later in the thread you state it was easily found by a 3rd party. How did the 3rd party identify the mileage error if you had the car and the dealer contacted you. Stuff....
Very recently it came to light that this vehicle has been clocked, with approximately 20k miles removed from the odometer. I was initially contacted by the dealer principle, who was very apologetic, told me "this never happens", etc, etc.
Stuff
Username... said:
Stuf........
The mileage discrepancy was found easily by a third party. BMW has no excuse.
I’m sure there is an obvious explanation. I just can’t see it at the moment (please don’t take this as me doubting you but it would be handy to know how the BMW dealership came to discover the haircut.) The mileage discrepancy was found easily by a third party. BMW has no excuse.
To the OP. Take a step back.
You have the car you want and cannot easily replace.
What does the 20k miles do to it's value?
Would you have still bought it, even with the extra miles, assuming it's value was sufficiently different to recognise that?
You've had two years use out of it, so it's unlikely they will give you a refund. And the Dealer does appear to be trying everything it can to help.
If they cannot find you a replacement, I think the most sensible thing is to value the car now with the miles you think you had, and value it with the miles it does have, and refund that difference. How you get the miles back up to where they should be, I have no idea.
You have the car you want and cannot easily replace.
What does the 20k miles do to it's value?
Would you have still bought it, even with the extra miles, assuming it's value was sufficiently different to recognise that?
You've had two years use out of it, so it's unlikely they will give you a refund. And the Dealer does appear to be trying everything it can to help.
If they cannot find you a replacement, I think the most sensible thing is to value the car now with the miles you think you had, and value it with the miles it does have, and refund that difference. How you get the miles back up to where they should be, I have no idea.
Try persuing the original owner who clocked it.
I'm pretty sure BMW wouldn't have done it.
And can you please explain why you seem to expect 2 yrs free motoring?
Edit that, can you just explain properly the circumstances and offers that have been made, instead of talking in bloody riddles?
I'm pretty sure BMW wouldn't have done it.
And can you please explain why you seem to expect 2 yrs free motoring?
Edit that, can you just explain properly the circumstances and offers that have been made, instead of talking in bloody riddles?
Mexman said:
Try persuing the original owner who clocked it.
Why? Clocking a car isn't an offence, so there's no criminal side (even if you could prove that the original owner did it) and the OP has no contract with the original owner because s/he didn't buy it from them (so there's no civil side).Mexman said:
Edit that, can you just explain properly the circumstances and offers that have been made, instead of talking in bloody riddles?
Of course s/he can't because it never happened.Username... said:
Hi again,
The original post has now been removed. I’ve had some very helpful responses, thanks to those people.
I expected a few less than helpful, sarcastic, and smart-arse responses and got them. This is PistonHeads after all. That’s fine.
It can be difficult to know what to expect as recompense in these situations, especially when you’re the person involved. I posted here to help gauge what might be reasonable, because I don’t want to be unreasonable with the dealer. However, at the same time, I want to get the best outcome possible.
I told enough of the story to get what I was after, I think.
Thanks again.
From what I think you said, if you have been offered a full refund on a car you bought a long time ago then I’d just take that and consider it positive you had an extended free loan car.The original post has now been removed. I’ve had some very helpful responses, thanks to those people.
I expected a few less than helpful, sarcastic, and smart-arse responses and got them. This is PistonHeads after all. That’s fine.
It can be difficult to know what to expect as recompense in these situations, especially when you’re the person involved. I posted here to help gauge what might be reasonable, because I don’t want to be unreasonable with the dealer. However, at the same time, I want to get the best outcome possible.
I told enough of the story to get what I was after, I think.
Thanks again.
Edited by Username... on Tuesday 14th July 23:24
Gassing Station | General Gassing | Top of Page | What's New | My Stuff