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I recently bought a van from a dealer with mileage of 95k. I did an MOT history check and have found the mileage is actually 149k. What can I do?

I recently bought a van from a dealer who had advertised in AutoTrader. The advert and the odometer said the mileage was 95k. I met the dealer at his home address and looked over the van, was taken for a test drive and then had my offer accepted. I purchased said van and as an after-thought did an MOT history check online - shock horror the penultimate MOT certificate showed the mileage at 149k, the MOT certificate he gave me, which was a week or so old, showed the mileage at 95k, somebody has clearly clocked this vehicle! I feel so stupid, I should have checked beforehand but thought the computerisation of MOT certificates would render this sort of thing impossible!! Before I phone the vendor and confront him I need to know where I stand, if anywhere. I'm actually very pleased with the van, it goes really well and has recently been sprayed but I just feel really annoyed and I am losing sleep over this. What can I do?

You have a potential claim for damages for misrepresentation in that the car's mileage was misdescribed. This would entitle you to damages equating to the difference in the value of the van with the advertised and actual mileage. If the dealer "clocked" the mileage himself he can be reported to Trading Standards. If the "clocking" was done before he acquired the car he is still guilty of what is termed innocent misrepresentation for which you can still claim damages.

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by Maria Mason last modified 2008-10-01 10:57

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