I would expect a possible change of tactics from Arnold Clark sometime soon, along the lines of "It was mentioned before the sale was agreed that the mileage wasn't correct. I remember saying that it had been adjusted and made sure the buyer knew!". If you have any paperwork from them just make sure you don't send it back to them or let it fall into their hands for any reason.

I would expect a possible change of tactics from Arnold Clark sometime soon, along the lines of "It was mentioned before the sale was agreed that the mileage wasn't correct. I remember saying that it had been adjusted and made sure the buyer knew!". If you have any paperwork from them just make sure you don't send it back to them or let it fall into their hands for any reason.

It was noticed at the time of sale but the salesman said the first garage had put down the wrong milage and even wrote n3xt to it incorrect milage. 2hen looking at the car he said he had a higher milage one in another coulor for cheaper but he said he would take that one as it had less miles on the clock.

http://www.arnoldclark.com/customer-services/treating-customers-fairly.html

 

Under "Staff"

 

 

Provide accurate and relevant information in a clear and fair manner that is not misleading.

 

This is good -

 

http://www.lawgistics.co.uk/legal-article-business-law/motor-trade-advice/the-need-for-mileage-accuracy

 

 

The mileage reading on the odometer of a vehicle is a 'trade description'; if it is wrong then it is a 'false trade description'. Wherever that reading is used or displayed constitutes a separate offence.
A false trade description or a failure to comply with the Consumer Protection from Unfair Trading Regulations 2008, is a breach of the law and is treated as a criminal offence.

If you offer a vehicle for sale or even supply a vehicle which has been clocked, although not by you, nor for you, and even if you are unaware that it has been clocked, you have committed an offence.

Without taking suitable precautions you have already committed at least one offence or possibly more, for which you may be prosecuted.

Phrases you must NOT use when talking to customers about mileage:

"The recorded mileage is 34,000" the implication is that you are an expert and the mileage is 34,000 which is correct.
"We check all our vehicle mileages" this means that you have checked the mileage on this vehicle and it is correct.
"It's about 34,000" this means it's about 34,000 and that is correct.
"We wouldn't buy any vehicle if we thought the mileage was wrong" this means "The mileage on the car is correct."
"We bought it with 34,000 on the clock" this means "We bought it with 34,000 on the clock and this is correct."
The law sees you, and your staff, as experts. It does not matter that your sales person has only started today and this is the first customer - what is said is said as an expert and the customer is entitled to rely on it.

 

They can use a disclaimer regarding the lack of proof regarding mileage but then they can't display a mileage with the advertisement, which is what they have done.

Edited 16 September, 201411 yr by Aspman

AC have failed to take due diligence to check the history of the car with freely available documentation. i.e. the mileage in the service book doesn't match the dash.

 

What outcome does your Father-in-law want? Hand the car back or get a partial (small) refund and the mileage corrected?

 

I'd expect AC to dig its heels in over a return. They'll probably offer free servicing / extended warranty.

This

http://www.arnoldclark.com/customer-services/treating-customers-fairly.html

 

Under "Staff"

 

 

This is good -

 

http://www.lawgistics.co.uk/legal-article-business-law/motor-trade-advice/the-need-for-mileage-accuracy

 

 

They can use a disclaimer regarding the lack of proof regarding mileage but then they can't display a mileage with the advertisement, which is what they have done.

Exactomundo they advertised the vehicle for sale at a certain mileage ( that's how they come up with the for sale price ) however did the salesman know ? Seems he did as he said the mileage wasn't correct ! So looks like they sold a car when they knew it was no right , they should have rectified and changed it back to the correct by checking the ecu ,

Its hard to see how they could get out of this i,ll keep you posted.

UPDATE

 

After a phone call from AC they fully accept there was a problem when the car was traded in there side it was not checked properly.

They now want the car back to try and establish how many miles the car has done.

They say keeping the car now might not be an option as they might not be able to establish the mileage.

Its now up to the father in law what he wants do do ie either get his money back or take another car from them or if they can establish the mileage he would have the option to keep the car but with money his way its up to him.

AC are trying to contact the person who traded the car in who had tane another car of them at the time .

They are trying to find out where the car was clocked and are looking to recoup lost money if need be by court.

The car is going back friday looks like a good result i,ll keep you all updated

I suppose the car might actually be classed as evidence since AC has been defrauded.

 

The impact on them if it reached the press that they had sold a clocked car could be significant and much worse than any legal action from your F-i-L.

 

Unfortunate your F-i-L is caught in the middle but it should work out that he's had a few months of free motoring. If they is an exchange he should be careful to ensure that he is happy he is getting at least as good a deal as before and he shouldn't be out of pocket in terms of tax or insurance costs.

 

If no suitable car is available AC should be providing him with a courtesy car until it is resolved, although its unlikely they wouldn't have something similar.

Edited 16 September, 201411 yr by Aspman

Its a bit of a silly thing to do trade a car in haveing had the clock turned back knowing the correct milage is shown in the log book.

If it had not been for that we would never have known and to think a lott of new cars now dont even give you a log book.

Anyways the first owner is gonna get hit pretty hard in the pocket by the looks of it.

Only if Arnold Clark can prove he did it. Not sure they'll be able to unless someone decides to incriminate themselves.

Before taking the car back get someone local to take a vcds scan.

I assume you've contacted trading standards, if not I would if only to stop the car being palmed off onto someone else.