need some legal advice about a car

[reflex11]

well last Wednesday I went to go view a car at a dealers seat Leon fr, it was quite far (110 miles) I wasn't too happy with the condition but thought I could probably sort out the little niggles,I had a test drive but this wasn't very long as there was no petrol in it.. the computer said..0 miles left.. anyway after some quick thought..I agreed to P/X my car plus cash on top and plus tax on top, I wasn't very happy about the lack of service history considering the car had done very low miles and only came with 3 stamps in the service book(which was after the first 3 years) also he said he's awaiting the logbook,but I thought hey its a dealer so I kind of trusted him, I paid the remaining balance of 350 pound and signed a paper which we both had a copy of, and he said the earliest I could collect was next Thursday.

 after I got home.. I kind of had bad feelings as you do, as much as I'd like to trust anyone even a dealer, I began to start having my doubts about the low mileage which was 26k on a 56 plate(2007) so I started to do some digging I found out that lookers dealer had this car previously and got rid of it to the current dealer , I phoned them and they didn't tell me no history about the car and said that once they sell it they don't keep no info on them.. which sounded weird why lookers would get rid of it to another dealer maybe they had a hint it may have been clocked?I also phoned seat up and they had no history of the car being serviced or anything all they could tell me is where it first purchased(guildford seat) anyway I already did a hpi check via text before I went to see the car but I wanted to do a more comprehensive one on AA website so I did, I didn't have the V5 document number or date so I didn't get full advantage anyway nothing showed up anything bad but I had noticed on the paper I had a copy of the dealer had typed in the car was first registered in 12.12.2007 when in fact it was registered in 20.2.2007 that got me thinking that maybe the dealer was trying to make out the mileage was more believable, it got me thinking how could a 56 plate been registered in 12.12.2007, when aa check shows 20.2.2007..obviously something was wrong so I decided to email the dealer because it was out of hours that I didn't want the car no more and I had changed my mind, I didn't want to argue with the dealer as that would just give him a excuse not to give me anything.. hes that type of a dealer a nasty piece of work, anyway i phoned him the next day after sending the email.. and he basically argued with me even though i didn't give no reason to argue by saying stuff like 'take me the court' etc and said i've incurred costs on that car either you believe me or not.. i was thinking.. how the hell can he incur costs 1/2 days later?? when he told me the car would go in the garage Friday/Monday earlierest (this was Friday morning) he said he had ordered the air box which was broken on top and snapped on the front grill.. i told him he would of had to replace that if i bought it or not.. and argued with me and kept saying he didn't have to replace the air-box..smh. he also said he had given it a full service and mot which sounded bullsh*t to me just to get out of giving my money back.I didn't want to argue with him to be honest as I was scared I would not see a penny, he argeed to give me back my tax only which I still haven't received.. where do I stand on this I could really do with some legal help and what to do.. yes I signed a paper saying I would P/X my car with money on top but the car hes selling me on the paper is incorrect info saying its first reg'd in 12.12.2007 when it was first reg'd in 20.2.2007, would that void the 'contract' and where do I stand.. thanks for reading

[Apollo]

If they dealer had to manually enter the date he could always say it was a typo, however this really is insignificant as the HPI will still check the vehicle on the VRN.

Unless you can find some 100% proof there is nothing wrong with the car then your agreement still stands, a gentlemans agreement to cancel the sale would only be your way out.  As you have already paid the £350 it may go a long way to split it in half for the dealer letting you walk away?

Otherwise its sorry to say but you have entered into a financial agreement, signed the deal but have now changed your mind.

Does an MOT history check show any mileage discrepancies?

[reflex11]

it was not a typo as right next to it is the mileage to the exact number, the mot shows nothing
I understand what your saying but the papers says im getting a car which had been registered in 12.12.2007 when it's not?

[Apollo]

it was not a typo as right next to it is the mileage to the exact number, the mot shows nothing
I understand what your saying but the papers says im getting a car which had been registered in 12.12.2007 when it's not?

This is your basis to reject then - I would be polite and explain this, I do realise you feel threatened but stand your ground. If needed make him believe you are willing to wait for the £350 and go through legal channels, this may make him decide its not worth the hassle!!

[Gene Hunt]

If they dealer had to manually enter the date he could always say it was a typo, however this really is insignificant as the HPI will still check the vehicle on the VRN.

Unless you can find some 100% proof there is nothing wrong with the car then your agreement still stands, a gentlemans agreement to cancel the sale would only be your way out.  As you have already paid the £350 it may go a long way to split it in half for the dealer letting you walk away?

Otherwise its sorry to say but you have entered into a financial agreement, signed the deal but have now changed your mind.

Does an MOT history check show any mileage discrepancies?

.............don't you have a 7 day cooling off period?.

[Gazza747]

If they dealer had to manually enter the date he could always say it was a typo, however this really is insignificant as the HPI will still check the vehicle on the VRN.

Unless you can find some 100% proof there is nothing wrong with the car then your agreement still stands, a gentlemans agreement to cancel the sale would only be your way out.  As you have already paid the £350 it may go a long way to split it in half for the dealer letting you walk away?

Otherwise its sorry to say but you have entered into a financial agreement, signed the deal but have now changed your mind.

Does an MOT history check show any mileage discrepancies?

.............don't you have a 7 day cooling off period?.

I think cooling off periods are only applicable with non face to face sales like over the phone or internet.

[Gazza747]

I had a similar situation a few years ago where I paid a deposit for a car and signed the agreement for my part exchange and finance. I then decided I wasn't happy about the car and the dealer kept the deposit but cancelled the agreement.

[laserblue999]

I had the same feeling when buying an Audi A6 a while back - thought it would be ok with some fettling - it wasn't and it cost me ££££s. IMO £350 is a fair bit of cash but compared to buying a wrong'un it could be worse. If he doesn't play ball or meet you half way, consider it a life lesson!! I know I did but the hard way - I'm still paying for it now.............

[stealthwolf]

Am I incorrect in that the car was not as advertised and hence misrepresented and thence eligible for a full refund?

[Apollo]

Am I incorrect in that the car was not as advertised and hence misrepresented and thence eligible for a full refund?

This would be correct IF the OP had paid etc prior to seeing the car - However he test drove the car and agreed face to face on the deal.  The OP does have comeback in the fact that he has since found out the date of reg is different and as such the car is proposed/sold on the premise that it is 'younger' than it actually is.

[toughster]

I've had a similar experience myself and lost my deposit! I realise £350 is a fair bit of money for anyone to lose but it's probably easier and cheaper than trying to fight him in court? Do you really want the hassle? If he's a bit of a wide boy like you say then chances are he'll know how to play the game!!!

It was a good lesson for me to learn and I've since lost out on a couple perfect cars by refusing to sign anything until I've checked them out fully!

[mad_pete]

Be nice ask, say you understand he has incurred costs but the MOT and service will be there for next person.
If he refuses investigate small claims I think you can do it online. The contract is factually incorrect so he can't supply the car detailed as it's registered at a different time . Loophole stuff really but might be enough.

I'd seriously think about just writing the £350 off and think yourself lucky.

If you buy a wrong un £350 wouldn't begin to cover it.

[garrardrj]

It could never have been registered december 2007 as it would be a 57 plate . You have bought a 56 plate car so it could have only been 28/02/2007 at the newest.

You have not picked this up at the time but there is not misrepresentation.

So no case for you to argue.

[mad_pete]

If the registration date was older there would be a clear case. It is not up to the buyer to be able to decode number plates.
The vehicle the dealer is selling should match the contract. As the "error" is in the buyers favour but the buyer wants to terminate the agreement it is going to look like an excuse rather than a valid case though

[Apollo]

It could never have been registered december 2007 as it would be a 57 plate . You have bought a 56 plate car so it could have only been 28/02/2007 at the newest.

You have not picked this up at the time but there is not misrepresentation.

So no case for you to argue.

Are you saying he has not got a case because at the time he never picked up the fact the car registration date was wrong?

If so what you are saying would be correct if the car had say a fault.  However it is legally impossible to have a car registered as a 56 plate after 28/02/2007. Whether the OP picked this up at the 'time of sale' or afterwards the seller has mirespresented the goods and this should be the basis of his rejection.

Contact DVLA ask them, this will show what is on the V5.  It may be as simple as the seller has been given the wrong information, however as a dealer he should know what registraion dates apply to the reg numbers.