sold my P plate MGF, now after a couple of months the new owner has phoned me up accusing me of clocking the car as they have come to px it, becouse there is a irregularity with some of the service history and mot during my period of ownership. they are demanding money back, or a large refund. and said i can expect a letter from a solicitor. obviously i did not clock the car !!!!!!, where do stand who can i contact?

[Edited by richbay - 12/17/2002 12:39:15 PM]

Just sit tight. I once got accused of something similar. The onus of proof lies with the new owner. The purchaser had every opportunity of inspecting documents and history etc before they parted with their money. As a private sale there is no comeback on you. You may or may not wish to respond to the solicitors letter in the honourable case of clearing up any misundersatnading etc.

Just ask them to prove it.

If you didnt do it then you are safe mate, tell em to feck off!

Do you have a receipt of some sort for the sale? Does it say sold as seen and it doesn't guarantee the mileage? If so then caveat emptor to him!

Otherwise, hide the drill ;)

The buyer should have checked the paperwork before he bought and asked questions at the time. He will have little come back to you. He has to prove that you did it or knowingly sold it as such. Your garage could have made an error on the MOT mileage record for all he knows...

F (Walnut Tree)

As mentioned above. THE DEAL IS OVER. Merry christmas to the new owner!! That's the way it works in private sales.

Rich,
if the car was dealer serviced then they would have all the details, but as its been a few months between you and the other party buying the car off you the dont have a leg to stand on as it could have been them that have "tampered" with the mileage!

Tony:D

i am trying to be as helpful as i can be to clear this up but the other party has been told by a dealer that its been clocked, and is understanably upset, its the last thing i need over xmas someone threatening to sue me for £5.5K . will have to sit tight until the solicitors letter arrives i suppose, but how do i respond when it arrives?

floyd which scoob are u, i am next door in walton park

Are you a trader?

If not, then I don't think the buyer has any comeback at all. Was the service history available to them before they handed any money over?

Can you explain away this alleged irregularity? Personally I'd be unhappy if there were evidence that I'd bought a clocked car - I'd feel as though I deserved a good explanation at the very least. You might find that a little dialogue goes a long way.

A.

no i am not a trader, the only explanation i have is some one must have filled in a mileage box wrong somewhere along the line, and i did not notice, i did very few miles in the car as i ran it alongside my scoob and used it as a summer fun car

har! private sales? car will be sold as seen. buyer have to do all the checks and after the sales? who cares?!!!

believe me or not, no letter will arrive coz their solicitor would have advised them of the minute (more like zilch) chance of even succeeding.

worse case scenario, its your word against theirs so no case.

Counter sue the barsteward for libel!

Rich, what exactly is wrong with the paperwork ?
When you bought it did you put the mileage on the Logbook ?
If you did then this will prove what miles it had when you bought it.
Is it the MOT or the service book that is wrong ?
Either way as a private seller they haven't got a leg to stand on.

Jas

i am waiting for the photocopies to arrive in the post, but they are saying the service history mileage is more than the MOT mileage, but the service was carried out before mot, but there is less than 1000 miles in it, so it could have been a genuine mistake buy the service person/mot person copying down the milage wrong

like you'd clock a car for less than 1000 miles. Totally ridiculous, I wouldn't get upset over it, let them spend as much money as they want chasing it, they have no chance of winning any case.

Rich dont worry about it, I had something silimar a few years ago, when the person who bought my car came back saying the car had been clocked and they were going to take me to court.
It was a private sale and I had not tampered with the car and the buyer bought it as seen.
Got my brief so send them a very strong letter saying I would sue them for damages if they continue this harrasment, didn' hear anything after that. :D
As POC said "tell em to feck off" ;)

hi there ice man good to see ya got the scoob and its fantastic.back to the post mate if you dident clock it and by the sound of things you aint then you havent got a thing to worry about what so ever i called my mum to ask for ya as shes up on the law side of things so stop flapin and have a great crimbo all the best
steve

The local subaru garage got my mileage wrong on the first service, so I wouldn't worry about it.

And the new owner ought to get a sense of perspective - who'd clock a car for 1000 miles?

I guess you have a copy of a receipt that you made him sign saying "sold as seen" or something like that?

Excellent mate glad you got it. will have to meet up so I can take a look at the car.

yea no probs im down south till thursday night then im of up north so if ya wana meet up ill shoot down gimi a shout

OK, assumption. you part ex'd the MGF with a dealer right? the dealer sold the car on to the third party, the third party is now screaming 'clocker' at you? correct?

If so then, huh? should the third party not be hassling the dealer, and not you? Maybe I'm silly here, but if I was in a similar situation I would be banging on the dealers door asking HIM to sort it, as I got the car from HIM and not YOU.

If I'm wrong about the situation then fair enough, if they purchased the car from you then as long as it was 'sold as seen' you'll be fine.

My friend just sold a couple of cars and I made sure she had a letter which had 'sold as seen' on it, and got the purchaser to date and sign it, thus no comeback on her.

rich - as said, dont worry about it. Mate of mine sold a car years back, and the guy came round to his house saying his local garage had deemed it as unroadworthy.

In his usual "take no crap" tone, he just told him to feck off and stop bothering him. Nothing ever came of it.

Dont worry about it, and have a nice Xmas :)

I'd be more worried that you owned a MGF! :eek:

1000 miles FFS..... Tell them to go stick their head up their own ar5e!

It is illegal for someone in the motor trade to clock a car.

Scarey as it sounds it is not illegal for someone not in the motor trade to clock a car. Just means your service history is bollocks.

Dealers etc often write down the wrong mileage, I actually had a little problem with warranty work done locally, because the mileage was less than the figure written down by Listers when they'd done the last service. Simple error, easily made, and easily fixed.

Your dealer would have logged the mileage last time they worked on it and, as mentioned before, who'd clock a car by 1000 miles. Anyway, how would 1000 miles warrant a claim for £5.5K?

They've got no case, and I would suspect that it's all down to some git trying to find any excuse to stiff the new owner on their PX.

Josh

As everyone said mate........dont worry about it, they cant do a thing. Happy xmas!

My brother sold a spitfire (the car) and the rear axle cracked as the new owner was driving away !!!! No money was returned as it was fine until the new owner drove it down the road. Wouldn't even discuss the issue with the new owner I've had many MOT slips in my time where the milage has been written down slightly wrong.

My dealer stamped my service book for the 1st service on the wrong row, so it's already had an 80k service! Tell them to stop pissing you around!

I thought you was gonna say that 10k miles had gone astray or something....
F*ck em!!!
1000 miles.. thats a bloody joke!!
If you had of been a dealer then they may have some come back...
Rob