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Vehicle advertised mileage incorrect

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  • Vehicle advertised mileage incorrect

    Good evening.
    3 weeks ago I purchased a used car from a main dealer.
    the car was advertised as having just 1,000 miles on it.
    we purchased the car in good faith and asked them to add some accessories to it before we collected it. This took a number of weeks to complete.
    A few days after collecting the car we noticed the mileage shown was actually 9,700 . I checked through all of my paperwork and couldn’t find a copy of the advertisement. I reluctantly assumed that maybe I had misread the ad and that is was 10,000 miles.
    Today whilst looking through pictures I’d taken on my phone I stumbled across an image of the advertisement and yes it was listed as having just 1,000 miles on it.
    There is no mileage shown on the contract we signed
    We love the car but would not have considered it originally with 10,000 miles on it.
    I intend to contact the dealer and request compensation as obviously costs for servicing and tyres etc will now be sooner than I expected. Can you advise what compensation I should be expecting ?


    Last edited by Winston1; 16th April 2022, 21:44:PM.
    Tags: None

  • #2
    Trading Standards Institute Advice

    Mileage of used vehicles


    Mileage descriptions are a key component of selling used vehicles; understand what the law requires

    This guidance is for England, Scotland and Wales

    It is a criminal offence for a trader to engage in a commercial practice that is misleading with respect to goods and services. Therefore traders should carry out necessary checks to confirm the mileage when selling used vehicles. There are specific guidelines in relation to the use of any disclaimers.

    This guide specifically deals with how the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) affect the motor trade with regard to odometer readings.

    The CPRs are a wide-ranging piece of legislation that make it a criminal offence for a trader to engage in commercial practices that mislead in respect of goods and services. The misleading element could be in the form of an action (such as a statement or description) or in the omission of facts (such as failing to disclose information) about the goods or services. An action or omission may be seen as misleading if it affects or is likely to affect the consumer's decision to purchase (or make any other 'transactional decision', as it is known in the CPRs).

    See 'Consumer protection from unfair trading' for more detailed information on the workings of the CPRs.

    Odometer readings

    The mileage indicated by the odometer of a car is a description, and as such it will be regarded as an accurate indication of the distance travelled by the vehicle. Traders are expected to carry out checks to make sure the description is accurate, as it is likely to be information that would affect a consumer's decision whether or not to purchase the vehicle. If the odometer reading is incorrect you must not refer to it in any description - for example, on business paperwork, websites or advertisements.

    Displaying an incorrect odometer reading may be a misleading action. In addition, you must tell the consumer the true mileage if known, as failure to do this may be a 'misleading omission' (another CPRs term).

    What are the offences in relation to mileage descriptions?

    There are a number of practices that would undoubtedly constitute a misleading action or omission and are therefore prohibited, including:
    • making a misleading statement by any means. This could include altering an odometer reading (for example, from a higher to lower figure or to zero) or making other false claims (written or oral) about a vehicle's mileage
    • supplying or offering to supply a vehicle that has been subject to a misleading action or omission. This could include simply having the vehicle on the forecourt, selling it with an incorrect odometer reading or not informing the consumer of the true mileage if known
    • it is also an offence to include a false mileage in an advertisement on or near the vehicle - for example, 'low mileage' stickers

    Failing to disclose the odometer reading or the fact that an odometer unit was found to be faulty and has been replaced (either with a new or second-hand unit) may be a misleading omission.

    Comment


    • #3
      If a car is rejected by a consumer the dealer may in certain circumstances charge for usage.
      This charge should be around 10p to 15p per mile.

      I therefor would suggest looking for a reduction on the same basis.
      9000 miles x 10p = £900
      9000 miles x 15p = £1,400

      Comment

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