Bought car from private seller with mileage clocked

[mushi]

Hi there everyone,
I am not too sure if I am on the right place to discuss this or not.
Actually I bought a car from a private seller who apparently was working for a car leasing company known as Hitachi Capital in May 2013. The car was also advertised on the ebay and gumtree with a current mileage of 54000. The only one previous owner being Hitachi Capital. At the time the car was less than 3 years old but had a lot of problems. I took it to Honda to get a few things replaced in August 2013 but they refused to do it as they said that the records from Honda shows that this car has already covered more than 130000 miles hence voiding the warranty. I have spent substantial amount of money to get this car back on the road but it is still requiring more money especially for a hybrid battery which costs a fortune.
Can someone advise me if I can send some notice legally to the company i.e. Hitachi Capital and providing them with the name of their employer who sold it to me? One more problem is that I do not have the advertisement saved somewhere stating that the car has only covered 54000 miles.
Returning the car at this stage is not a viable option as i have spent a substantial amount of money since i bought it from him but i am looking forward for a compensation.

[enquirer]

Re: Bought car from private seller with mileage clocked

Actually I bought a car from a private seller who apparently was working for a car leasing company known as Hitachi Capital in May 2013. The car was also advertised on the ebay and gumtree with a current mileage of 54000. The only one previous owner being Hitachi Capital.

You bought the car from someone who works for Hitachi Capital [HC]. It was a private sale via ebay, yet the seller is not listed as the previous owner.

He may have bought the car from HC and simply failed to register himself as the new owner.

Unfortunately, it might appear to some that HC is getting rid of vehicles by misrepresenting them as private sales by a third party. No doubt HC would be interested to learn of this unfortunate situation.

Take this up with HC, asking for a statement, pointing out that the vehicle was clocked, and mentioning that in the event of legal action (criminal or civil), their name will inevitably be mentioned. You therefore expect their fullest co-operation.

I took it to Honda to get a few things replaced in August 2013 but they refused to do it as they said that the records from Honda shows that this car has already covered more than 130,000 miles hence voiding the warranty.

Get this is writing.

One more problem is that I do not have the advertisement saved somewhere stating that the car has only covered 54000 miles.

No proof of stated mileage (not showing in ebay archive? A screenshot would be good). Any proof of payment at all?

Returning the car at this stage is not a viable option as i have spent a substantial amount of money since i bought it from him but i am looking forward for a compensation.

If you wish to retain the vehicle, you will have to sue. In the meantime, take the matter to Trading Standards.

[mushi]

Re: Bought car from private seller with mileage clocked

Can someone please help me in drafting a letter to the trading standards and Hitachi capital regarding this matter. Will be highly appreciated. ....and a formally written letter is better or an email??....please guide



QUOTE=enquirer;384671]You bought the car from someone who works for Hitachi Capital [HC]. It was a private sale via ebay, yet the seller is not listed as the previous owner.

He may have bought the car from HC and simply failed to register himself as the new owner.

Unfortunately, it might appear to some that HC is getting rid of vehicles by misrepresenting them as private sales by a third party. No doubt HC would be interested to learn of this unfortunate situation.

Take this up with HC, asking for a statement, pointing out that the vehicle was clocked, and mentioning that in the event of legal action (criminal or civil), their name will inevitably be mentioned. You therefore expect their fullest co-operation.


Get this is writing.


No proof of stated mileage (not showing in ebay archive? A screenshot would be good). Any proof of payment at all?


If you wish to retain the vehicle, you will have to sue. In the meantime, take the matter to Trading Standards.[/QUOTE]

[mushi]

Re: Bought car from private seller with mileage clocked

Can someone please help me in drafting a letter to the trading standards and Hitachi capital regarding this matter. Will be highly appreciated. ....and a formally written letter is better or an email??....please guide

[labman]

Re: Bought car from private seller with mileage clocked

You may still be able to get a copy of the advert from your EBay buying history in MY EBay - have you checked. Equally the seller may have it in his selling history, have you checked?

Any letter would need a list of jobs done on the car, along with copies of the invoices.

Can I just clarify about the V5(C) - the only one previous owner was Hitachi Capital. Do you mean HC were the only owner showing, or they were the only one previous to the person you bought it off whose name was on the V5(C) when you purchased it.

If you can clarify the above, list the jobs that have been carried out and state how long the person you bought the car from had owned it, it would be helpful. Also how much you paid for it.

At the end of the day, without the advertisement I am slightly at odds with Enquirer, as it was a private purchase (subject to your answer about the V5(C), in which case as long as it was not misrepresented in the advertisement, there may be problems.

It would be worth looking at the seller's EBay history to see if he is regularly selling cars on there which might suggest he is a trader, posing as a private seller. Things then would become very much easier. :beagle:

[mushi]

Re: Bought car from private seller with mileage clocked

The car was listed on the ebay and gumtree at the same time. He had given his contact no. at gumtree so I contacted him on that number. But later on my wife checked the ebay history of that guy...he is not a car seller and this was the only car he was selling...strange thing she brought my attention to was that he had recently bought some service history handbook for honda civic which I couldn't understand at that time...
On the V5 there is only one previous owner before me whivh is Hitachi Capital. This guy bought/acquired the car from them about 2 months before I purchased it on 27th may 2013. The car was 7500 when I bought it...but now the biggest expense is the hybrid battery which I normal circumstances is under warranty for 8 years or 90000 miles which ever comes first. Honda has offered me a discounted price of 1500 plus labour to replace it which is normally 2200.

[teaboy2]

Re: Bought car from private seller with mileage clocked

You should also report this matter to DVLA as its an offence to not register the cars new owner and it would have been Hitachi Capital responsibility to send the forms of with the new owners details when selling the car to the person that you bought it off!

Clocking a cars mileage is also a criminal offense too as you probably know.

Certainly looks to me that either Hitachi Capital are selling their cars via a third party who in turn is clocking the milage, whilst at the same time Hitachi Capital are still the cars actual owners, which in it self leads to misrepresentation under the fraud act 2006 as you clearly were led to believe the car was owned by the person acting as the seller at the time, not to mention clocking millage also being a misrepresentation under the fraud act 2006 as well.

[mushi]

Re: Bought car from private seller with mileage clocked

Hi everyone
Thanks so very much for all your replies and advices. I drafted a letter keeping in mind all these points mentioned in the above responses, and posted it to Hitachi Capital last week on Monday via recorded delivery.
Ever since, I have not heard back from them.
Any further advice for the next steps to take would be appreciated.
It has been about 10 days now...and yes I posted it to the Head of Used Car Sales Team at the address given on their website and my V5C logbook which is the same anyways.

[Galahad]

Re: Bought car from private seller with mileage clocked

You could certainly contact the DVLA to find out whether the vehicle in question went into 'trade' between HC and the seller. Into 'trade' means that the yellow part of the logbook is filled out and sent off to the DVLA to notify them that the vehicle is in limbo so to speak, where it will either be broken up, or be awaiting sale to a new customer.

They do keep records of this stuff, though sadly, not for long.

[mushi]

Further Update...reply from Hitachi capital

Hi
Received a reply from Hitachi Capital stating the following;
Further to your correspondence regarding your reg no............ i can advise you that Hitachi Capital car solutions sold this car on 21.02.2013 with a disposal mileage of 173142 to a salvage agent and we would have no further interest in this car from that date.
We have been advised by them that they repaired the car and sold on to an individual and they declared that it had covered approximately 170000 miles. With reference to mileage discrepancy you will need to contact the seller of the car to whom you purchased the car from..

Now in light of the above letter they did not mention anywhere that they were still the registered car keeper and note that the individual tells them that "the car has covered approximately 170000".......how very untrue of them and that too MILES AWAY.....where is 170000 and where is 54000....just imagine....i am sure that this kind of equipment to clock the mileage of these modern cars will not be at just ANY GARAGE....

Please advise the next step....

[KenHo]

Re: Further Update...reply from Hitachi capital

Hi
.i am sure that this kind of equipment to clock the mileage of these modern cars will not be at just ANY GARAGE....
..

I am sorry to tell you that this equipment is available everywhere. Have a search on google for "mileage adjustment" or similar and see how easy it is.

[EXC]

Re: Further Update...reply from Hitachi capital

Now in light of the above letter they did not mention anywhere that they were still the registered car keeper and note that the individual tells them that "the car has covered approximately 170000".......how very untrue of them

I think what Hitachi are saying is that it was the salvage agent that told them the car had covered 170000 miles, not the individual. In my view Hitachi are right in saying that your issue about the mileage is with the individual. Regardless of who clocked the car he is responsible for selling it to you with altered mileage.

Have you tried to access your Gumtree purchase history that confirms the claimed mileage? Does the registration document state the mileage?

[PlanB]

Re: Further Update...reply from Hitachi capital

Did the vehicle come with a new MOT which would state the mileage and the name of the owner at the time of the MOT? You can get hold of all previous MOT certificates with previous mileage and the owners at the time which could help you to piece together the history. The records go back to 2005:

https://www.gov.uk/check-mot-history...fore-you-start

[EXC]

Re: Bought car from private seller with mileage clocked

Apparently the car was less than 3 years old when it was bought, so no MOT.

[PlanB]

Re: Bought car from private seller with mileage clocked

Apparently the car was less than 3 years old when it was bought, so no MOT.

Well spotted. Would Hitachi have a service record for the vehicle during those three years which would evidence the mileage? They offer servicing as part of the lease package.