Office of Fair Trading....

Just your normal general chatting in here..

Moderator: Moderators

Post Reply
Pilch
2.2 16v
Posts: 226
Joined: Tue May 03, 2011 8:10 pm

Office of Fair Trading....

Post by Pilch »

Now i dunno how familar you guys are with my 406 Story - i know lozz knows the car history, but the dealer is being an arse about it.

But I have stumbled accross some interesting stuff from the Office of Fair Trading website - http://www.oft.gov.uk/news-and-updates/press/2010/95-10.

Now what interests me is the links at the bottom -
3. The OFT also published guidance (pdf 173kb) and a checklist (pdf 1Mb) for car dealers in June of this year to help them comply with consumer protection legislation.
These relate to the guidance - http://www.oft.gov.uk/shared_oft/report ... ft1241.pdf
and the
checklist http://www.oft.gov.uk/shared_oft/report ... ft1242.pdf

Now where would that place me in all this? Is the dealer who is being a rather large anal hole completely and so far wrong that he doesnt realise he is breaking major laws or am i clutching at straws?
User avatar
lozz
3.0 24v
Posts: 11908
Joined: Thu Oct 07, 2010 10:18 pm
Location: where-ever

Re: Office of Fair Trading....

Post by lozz »

Ispoke with a car dealer a few weeks back,

iasked him what wouid happen if a car was Clocked,

his answer was, id hand the Money back to the buyer, the car wouid then go straight to auction with a Mileage disclaimer,
Pilch
2.2 16v
Posts: 226
Joined: Tue May 03, 2011 8:10 pm

Re: Office of Fair Trading....

Post by Pilch »

Off the guidance PDF.
Mileage
5.7 Generally, before exposing any vehicle
for sale you should take all reasonable
steps to establish the accuracy of the
stated mileage.9
5.8 In most circumstances you would be
expected in the first instance to at least
conduct a mileage check on the vehicle
with an independent and reliable company.
Other checks may include:
• Checking with VOSA. If you have the
document reference number from the
V5C registration certificate and the
vehicle registration mark, you can check
the mileage shown on the MOT history
(if the vehicle is more than three years
old) at http://www.direct.gov.uk/en/Motoring/
OwningAVehicle/Mot/DG_10020539.
• Ensuring that the internal and external
condition of the vehicle is comparable
with the described age and mileage of
the vehicle – the condition/appearance
of the vehicle may give cause to suspect
the accuracy of the mileage reading
(for example, worn out seats/pedals but
low mileage on the odometer).
5.9 If a discrepancy is discovered in the
mileage record through the basic checks
you have carried out or as a result of any
other information suggesting that the
mileage may be incorrect, you should
carry out further investigations, for
example checking the mileage with all
previous keepers shown in the vehicle V5
registration document. If you do not have
this document, you can obtain details of
previous owners by contacting the DVLA
in Swansea in writing. Some companies
such as HPI and Experian can provide
a full Mileage Investigation Service that
carries out these checks for you.
5.10 Unless you are satisfied that the mileage
of a vehicle shown by its odometer is
accurate, such mileage should not be
quoted in advertisements, discussions
or negotiations or in any documents
related to the supply of the vehicle
which is ultimately destined for supply
to consumers.
Informing consumers about mileage
discrepancies
5.11 As well as taking all reasonable steps
to establish the vehicle’s mileage, you
should inform the consumer prior to
sale of:
• The steps you have taken, and
• What you have found out or not been
able to find out, or know, about the
mileage or likely mileage. For example,
if you know from checking the last MOT
test record that the vehicle’s current
odometer reading is wrong and that
the last recorded mileage was ‘x miles’
or that the vehicle has travelled ‘in
excess of x miles’ you should provide
consumers with this information.
Mileage disclaimers
5.12 You should not rely on a mileage
disclaimer as a substitute for carrying
out reasonable checks on a vehicle –
to do so is likely to substantially increase
the risk of you breaching the CPRs.
Mileage disclaimers should only be used
as a last resort where after completing all
reasonable checks:
• You identify that the mileage is
incorrect, or
• It has been impossible to verify the
correct mileage.
5.13 You should not rely on generic mileage
disclaimers as a substitute for giving
consumers specific information about
what you have found out or not been able
to find out, or know, about the vehicle’s
mileage or likely mileage – see further
paragraphs 5.14 and 5.15 below. This is
likely to be material information that the
consumer needs in order to make an
informed choice.
5.14 For example, if the vehicle’s odometer
displays 52,000 miles but a check of MOT
test records shows that the vehicle had a
previously recorded mileage of 136,000
in May 2010, you should not rely solely
on a generic disclaimer such as, for
instance, ‘the mileage is incorrect and
should be disregarded’ or ‘the mileage
may not be true and should not be relied
on as an indication of the distance the
vehicle has travelled’. You should also
inform the consumer that you have
checked the last MOT test record which
showed that the vehicle had a recorded
mileage of 136,000 in May 2010, so the
currently displayed mileage of 52,000
is incorrect.
5.15 In such circumstances, the OFT
recommends the use of a prominent
written notice such as: ‘MOT test records
show this vehicle had a recorded mileage
of 136,000 in May 2010, so the currently
displayed mileage of 52,000 is incorrect’
which provides the consumer with the
important information they need to make
an informed decision.
The guy thinks that a Experian Data check which checked the only mileage available to the car in April 2004 when the car at that point had done 38000 was enough of a check. He either checked and kept it quiet or didnt check the car's previous history with VOSA via MOT certificates and thinks he can get away with it....
Pilch
2.2 16v
Posts: 226
Joined: Tue May 03, 2011 8:10 pm

Re: Office of Fair Trading....

Post by Pilch »

lozz wrote:Ispoke with a car dealer a few weeks back,

iasked him what wouid happen if a car was Clocked,

his answer was, id hand the Money back to the buyer, the car wouid then go straight to auction with a Mileage disclaimer,
This guy doesnt think that its a problem. Reckons I underpaid for the car by about £600 and it was worth the £1300 I paid for even if it had done 150k miles. Fact that when I went to purchase it I was looking for a sub 100k Miles car....
User avatar
lozz
3.0 24v
Posts: 11908
Joined: Thu Oct 07, 2010 10:18 pm
Location: where-ever

Re: Office of Fair Trading....

Post by lozz »

Go see a Solicitor mate,
The 1st half hour is free it wouid only take them 20mins for them to Guide you on the best ways to go forward on this,
So it wouidnt cost you anything for Expert Advice,
User avatar
lozz
3.0 24v
Posts: 11908
Joined: Thu Oct 07, 2010 10:18 pm
Location: where-ever

Re: Office of Fair Trading....

Post by lozz »

ive a good friend that is a lawyer,
if you want ican get him to ring the C*nt and see if that Scares him into handing back your money

or ican ask him for you what the best thing to do as for taking Action against the seller,
scotty73
3.0 24v
Posts: 2580
Joined: Mon Jan 16, 2012 12:38 pm
Location: Rhymney, south Wales.

Re: Office of Fair Trading....

Post by scotty73 »

lozz wrote:ive a good friend that is a lawyer,
if you want ican get him to ring the C*nt and see if that Scares him into handing back your money

or ican ask him for you what the best thing to do as for taking Action against the seller,
If you can do that for him it would be better, my mrs works for a firm of solicitors and the more experiance they have the more they can charge so he could end up seeing one who charge £200 an hour. :shock:
2000 W 2.0hdi 110 7 seat estate Blue.
Image

Image
And this glue is for my submarine not for putting up you're f*c*ing noses, and dont think i dont notice cos i do... Buy your own f*c*ing glue!!! Fatty Lewis Twin town 1997.
Pilch
2.2 16v
Posts: 226
Joined: Tue May 03, 2011 8:10 pm

Re: Office of Fair Trading....

Post by Pilch »

Im toying with the idea of sending the leaflets from OFT over to him and say this is what you should do by law.

To be fair Ive already told him that end of this month ill start court proceedings against him. Just seems to think that he can fob people off. Told me my action that I wish to take is frivolous! guy is a jerkwad!
Post Reply