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Has Car Dealer committed a criminal offence?

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  • Has Car Dealer committed a criminal offence?

    A friend has bought a car from a national used car dealership. It transpires that the engine number is not the same as the v5 document, it is not the original.
    Under Criminal Law have the Dealership committed an offence under Criminal Law - Use, cause , Aid & Abet?
    We assume that now the insurance on the vehicle is void and if stopped/involved in a collision that there would be no cover .
    Tags: None

  • #2
    Have you raised this with the dealer and with your insurer?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Dear Atticus,
      Thank you for your interest. I am acting upon this for a pensioner who I have advised not to use the vehicle pending resolution.
      In reply both Yes & No.

      Yes - . The dealer was told within a couple of days of purchase once spotted. initially a visit was made to the dealer by one of her relatives who was told there was nothing they could or were prepared to do. He then raised a formal written complaint. This was met with the same refusal.
      I then took things on and have, following correct protocols cited their responsibilities under Consumer Rights 2015, in particular right to reject request and subsequently for ADR (ignored) witihin notification of Court Action etc we passed the deadline date on Thursday.

      No - Ironically this was to be one of my next actions on Friday as well as Trading Standards, DVLA, Police,(if pertinent re my enquiry), and the insurer having gained further legal advice with the owner. Unfortunately this has been delayed due to unexpected illness and the owner unable to give confirmations to all parties for me to act on her behalf.

      I am not a lawyer just someone incensed at the stress and inconvenience caused to someone ill able to fend for themselves. I thank you again for any guidance you are able to give.

      Comment


      • #4
        If the current engine is a straight replacement for the original (i.e. same model) the insurance will not be void.

        The DVLA should be informed so the V5 can be amended.
        They may require the vehicle be examined.

        More worryingly the replacement engine might have been stolen, in which case the dealer will have some questions to answer!

        Comment


        • #5
          Thank you DES8.
          We can only assume that it is a straight replacement as there was only the one same engine base model manufactured at the time albeit with cosmetic differences & options to the vehicle body etc. BUT we can not prove this. Is there a way of checking the current engine against DVLA, Police or Manufacturers records?
          However, we share the concern raised, also that the vehicle may have been in a front end collision resulting in original engine destruction. Hence, in anticipation I had already submitted details and spoken with an independent recognised body to carry out a fully survey to include engine change confirmation plus any structural changes/faults etc. Its expensive but they do this and provide reports court ready. (The Dealer has dismissed our copy of V5 and photo of engine in the vehicle in support of our complaint.

          Yes the dealer may have some questions to answer which is why I queried their possible charge under criminal law in my initial enquiry

          Comment


          • #6
            So just wait for the report before deciding next step.

            It is more likely an engine failure which caused the replacement, rather than a front end collision.

            Comment

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