Discovered vehicle is imported and older than advertised

[TKhere]

Hi
I have recently (in the last 2 months) bought a used car from a dealer on a finance agreement.

On having the vehicle registration details changed via DVLA I have discovered that the vehicle was imported from Spain 9 months prior to the advertised date and that showing on the V5 document which I assume would have been the date first registered in the UK.

My concern is that this will impact on future insurance renewals and will also affect the future resale value, in turn costing me money.

My question to the Forum is, what are my rights as far as seeking recourse from the dealer, who probably would have known this and chose not to disclose when they did a HPI check as they said they had done.

Your help would be much appreciated

TKhere

[teaboy2]

Re: Discovered vehicle is imported and older than advertised

You may have a case for section 3 the fraud act 2006

Fraud by failing to disclose informationA person is in breach of this section if he—
(a)dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and
(b)intends, by failing to disclose the information—
(i)to make a gain for himself or another, or
(ii)to cause loss to another or to expose another to a risk of loss.

Though you would have to proof the dealer new about it, which is likely they did. You would also have to proof that you were not informed of this, and that it would cause you financial loss in respect to insurance costs, compared to a non imported car. Also is the make and model of the car widely available in UK where they have not been imported? If not then chances are the dealer would claim that as the make and model is not available or is limited availability in the UK that a reasonable person would therefore have likely known it was an imported car. Which would make your claim near impossible to win.

[labman]

Re: Discovered vehicle is imported and older than advertised

Hi
I have recently (in the last 2 months) bought a used car from a dealer on a finance agreement.

On having the vehicle registration details changed via DVLA I have discovered that the vehicle was imported from Spain 9 months prior to the advertised date and that showing on the V5 document which I assume would have been the date first registered in the UK. Do you still have the advert to prove this?

My concern is that this will impact on future insurance renewals Why? and will also affect the future resale value, in turn costing me money. True

My question to the Forum is, what are my rights as far as seeking recourse from the dealer, who probably would have known this and chose not to disclose when they did a HPI check as they said they had done. These are serious words!

Your help would be much appreciated

TKhere

A couple of comments above from your post. The way I see it, buying a car is a two way process. The dealer says he has HPI'd the car, there is an onus on you to ask to see the HPI report - I always do. In fact anything claimed by the dealer I ask to see.

Personally I cannot see why there would be a case for fraud unless you still have the advertisement which states something which is clearly untrue. You would need to be able to prove this though. Before threatening anything in terms of legal action, I would be inclined to go and see the garage and see what they say. Depending on their attitude to me, I would then decide my next course of action.

If you go and see them, be sure to know what you want from them in order to resolve the situation.

[bluebottle]

Re: Discovered vehicle is imported and older than advertised

It would be a good idea if you spoke to Trading Standards about this. You certainly need to find out where the vehicle was built (country) and whether it complies with the relevant EU Directive. In this respect, the Department of Transport may be able to help you. Some vehicles can be imported without any problem, but some are imported that do not comply with regulations regarding type approval, emissions, etc.. You need to find out if it is one that can be imported into the UK and complies with all relevant regulations.