car clocking problem

dikiedavis

hi there i recently bought a second hand nissan primera,all was well and i had a good look at it before i bought it.i have sent it in to my regular mechanic and he has informed me that the car has most likely been clocked.when i was looking at it i asked the guy was the car ever a taxi and he said no,but my mech begs to differi got on to the tax office and they informed me that the car was a taxi by the person i bought it off.theres 90k showing on the clock but my mechanic says there is a lot more on the clock and he says he could most likely prove it.what authorities should i contact or what are my options here????i have mentioned it to the gards but havent got much joy there

dnme

Firstly write to the seller telling him you wish to return the car as it was sold under false pretences, also state that you want a full refund.

He will ignore this most likely so then contact your solicitor and get him to send the seller a solicitors letter.

Take this all the way, be prepared to go to court. The seller sold you the car under false pretences, you can prove that, also there is a suspicion that the seller clocked the car but that might be tougher to prove.

robtri

not 100% sure on taxi's but dont they have to get tested every year??
not sure but do they record mileage??
speak to the taxi regulator and see if possible to get copies and see the mileage??

Taxi is NCTs annually and mileage is recorded on the cert, you can buy the certs off the NCT folks for €12 ish euro I think.

For a replacement NCT Report, simply write in with car registration number, make and model and owner details along with the €12.70 fee to the Test Certificate Administrator at the above address. These fees may be subject to change.

Just found that on the net, dunno if you can get them if you weren't the current owner, worth a try though.

ShayK1

dnme wrote: »

The seller sold you the car under false pretences, you can prove that

How?
Its one guys word against the other?

Buyer: You never told me that car was a taxi
Seller: Yes I did.

????? Am I missing something?

langdang

RoverJames wrote: »

Just found that on the net, dunno if you can get them if you weren't the current owner, worth a try though.

When I asked in the past at the centre I got "Naaaw..... we dawnt doo daaat" while looking at me as if I'd descended from space.
I'd skip talking to the highly motivated test centre workforce and talk directly to a responsible adult in head office if you want to find out about getting past NCTs for the car you now own...

Digitaljunkie

ShayK1 wrote: »

How?
Its one guys word against the other?

Buyer: You never told me that car was a taxi
Seller: Yes I did.

????? Am I missing something?

Agree second hand market buyer beware sold as seen etc. I guess thats why some folks prefair to go to a dealer.

Gurgle

dikiedavis wrote: »

all was well and i had a good look at it before i bought it

Evidently not.

what authorities should i contact or what are my options here????i have mentioned it to the gards but havent got much joy there

Get a cartell report, and confirm that it was clocked.
Your mechanic's opinion, the car being used as a taxi etc. are irrelevant.

The only comeback you might have is if its been clocked and you weren't informed.

IMO, IANAL

Gumbo

have to agree with one of the above posts.
its your word against the sellers word that you asked himw as it a taxi?

do a cartell check to confirm it was or was not a taxi as your mechanics work is irrelevent here imo.

what does the tax disc say? is it taxed as a taxi at €82 per annum?

alot harder to proove it was clocked without the back up certs like NCT, Service history etc

biko

Digitaljunkie wrote: »

Agree second hand market buyer beware sold as seen etc. I guess thats why some folks prefair to go to a dealer.

Even if you do you're not proofed against crooks.
Dealers caught clocking cars:
Favourite Motors Limited, Limerick
Mark Leonard, Drumbulcan, Irvinestown
Malcolm McGarrity, Newtownards Road, Belfast
Arch Motors Ltd, of Westside, Galway
Feltrim Motors Ltd, Ashbourne, Meath
More if you google and even more not caught yet.

Gurgle

Yeah, I usually go the other way around.

Assume that the seller will try to hide / disguise anything that might put you off buying the car.

Who knows more about hiding problems, Mr. Dealer or Joe Public?

tinofapples

Sorry to say but I don't think you have a leg to stand on. All those checks should have been done prior to purchase.

Buyer beware and all that. I feel for you, it's f**ked up that so many p***ks are clocking cars willy nilly. Bout time someone served time for it.

Theta

So many time I have mentioned this and its brushed away cause I cant find the article but I found it

Irish Times

The judgment, made by the president of the Circuit Court Judge Matthew Deery in a faulty car claim, effectively means “no warranty”, “sold as seen” and other get-out clauses – which some car salesman have been known to fall back on when confronted by disgruntled customers with steam coming out of their ears and their engines – are legally meaningless, particularly if the salesman talked up a car’s good points to secure the sale.

So if you asked him if it was a taxi and he said no you do have a legal stand point. Sold as seen does not apply!

MunsterCycling

But these do not apply to a private sale, the motor industry is measured by a different yard stick (or should that be metre stick?)

MC

Theta

The legal precident(sp?) is still there you can enter a verbal contract with a private individual aswell!

NICEGUYEDDIE

This practice seems to be widespread.I traded in a car recently and the dealer has it on carzone with 13000 km less than was on it when i gave it to him.
Just as a matter of interest, what should I do about this? I'm worried about the car i bought off him maybe having the same done. I did a check before i did the deal but it doesn't give details of milage.

tinofapples

NICEGUYEDDIE wrote: »

This practice seems to be widespread.I traded in a car recently and the dealer has it on carzone with 13000 km less than was on it when i gave it to him.
Just as a matter of interest, what should I do about this? I'm worried about the car i bought off him maybe having the same done. I did a check before i did the deal but it doesn't give details of milage.

Name and Shame !!

EPM

tinofapples wrote: »

Name and Shame !!

Or maybe call them to clarify before you drag someones name through the mud on what might be an innocent typo:rolleyes:

13k km is hardly worth bothering clocking a car for

cruizer101

Depends which 13k, I agree it is a small enough number but say it went from 102k to 89k while dealer might not actually get much more for it will probably find a lot easier to sell, people really have something against cars with over 100k.

Would also be a big ammount if car was say one year old and meant to have 20k which would be very high mileage for one year, bring it down to 7k is a nice lowish mileage for 1 year old, and I'm pretty sure would make difference to price.

Cuddlesworth

Theta wrote: »

So many time I have mentioned this and its brushed away cause I cant find the article but I found it

Irish Times



So if you asked him if it was a taxi and he said no you do have a legal stand point. Sold as seen does not apply!

Big difference between a private sale and that of a company in terms of consumer rights.

Gumbo

Theta wrote: »

So many time I have mentioned this and its brushed away cause I cant find the article but I found it

Irish Times



So if you asked him if it was a taxi and he said no you do have a legal stand point. Sold as seen does not apply!

Theta wrote: »

The legal precident(sp?) is still there you can enter a verbal contract with a private individual aswell!

that has no effect on a private sale between two private individuals!
can the OP proove that he asked it was a taxi, i would hazzard a guess at no, so hence its his word against the sellers.

can the OP proove a verbal contract was entered into, i dont think so either.

bad luck here and of course its all based on the OP's mechanic thinking it was clocked, has there been any proof since the original post that the car is infact clocked or was a taxi?

NICEGUYEDDIE

EPM wrote: »

Or maybe call them to clarify before you drag someones name through the mud on what might be an innocent typo:rolleyes:

13k km is hardly worth bothering clocking a car for

Down from 140000km to 127000km. It keeps the miles below 80000. very hard to mix up 140 with 127. Bet its never done the other way round.;)

dnme

NICEGUYEDDIE wrote: »

Down from 140000km to 127000km. It keeps the miles below 80000. very hard to mix up 140 with 127. Bet its never done the other way round.;)

Eddie,

I would get a mate to view the car just to confirm, if the milage has been tampered with, I'd report the seller. I really have had my fill of the lawless cowboy motor industry! Also name the fcuker here.