Cloned car sale leads to full refund for buyer

Car cloning is a fraud and is the process of disguising the identity of a stolen vehicle by using the number plates, VIN and logbook of a legitimate vehicle of similar make and model. In short, there will be more than one car on the road with the same ID.

This is what happened in this case involving a classic car.

How does a cloned car purchase happen?

Mr S bought a classic Ford from a well-known auction house, who was selling it on behalf of a private seller.

When Mr S advertised the vehicle for sale, the Police visited him and seized the vehicle because they had a reasonable belief it had been fraudulently registered.

Having examined the car, the Police confirmed that to all intents and purposes the car was a  “clone” and although it bore the identity of the vehicle, with the registration number and VIN, it was not the original Ford.

However, although Police believed the Vehicle was part of a larger automotive fraud involving the attribution of genuine vehicle identities to non-genuine vehicles, there was no record of it being stolen.

Because of this, the car was returned to Mr S but without the number plates and vehicle identification number, meaning it would have to be registered with a Q plate.

Mr S informed the seller of events and requested a refund of the purchase price, which was refused.

Car cloning: how we get your money back

Because of our extensive experience in dealing with automotive fraud matters, Mr S instructed us to assess the Police evidence, the sales documentation and provenance to determine whether the motor vehicle was a clone or been re-shelled and substantially rebuilt using non-original parts.

The overriding opinion was that while the vehicle had undergone significant work, with large areas replaced, it was a clone, and the reregistration would considerably reduce its market value.

As a result, we set out the facts, evidence and legal position to the vendor in support of the refund request for misrepresentation and/or breach of contract.

Perhaps understandably. the vendor instructed solicitors.

After a number of letters further drilling down into the cloning process and highlighting the comparison between the original vehicle and the one in question by the Police, which itself was conclusive, it was agreed that the vendor would take the car back and refund the purchase price.

Seek expert advice if you think you’ve been sold a cloned car

Cloning can be a sophisticated fraud, using high quality replica VIN tags, rivets, and fixings, making it difficult to distinguish them from the original. This is made more difficult by the removal of bar-coded parts in modern vehicles and the ready availability of second-hand parts on Ebay and Facebook marketplace. This means it is feasible for someone to unknowingly buy and fit parts from a stolen vehicle giving the false impression it’s a clone.

Cases like this can be challenging, and often, if not always, requiring vehicle make and model specific expertise. We are unparalleled in this regard; contact Stormcatcher Law for advice on 0333 700 7676 if you believe you’ve been sold a car that has been cloned.