Odometer mileage tampering in Bulgaria : car dealer fraud or normal ?

dris
Posts: 2
Joined: Mon Mar 14, 2016 5:50 pm

Odometer mileage tampering in Bulgaria : car dealer fraud or normal ?

Postby dris » Mon Mar 14, 2016 7:12 pm

I bought a used car here in Bulgaria (import from Italy) first registered in 2003 which was advertised in mobile.bg for 93000 km. I could check this mileage on odometer and the seller also showed me the service book.
I bought this car 5 days ago....

But today I discovered in the car another document I didn't examine before. It is from a previous owner and shows that he bought this car at 85000 km in 2007 !!
As a consequence, it is 100% sure that garage stamps, date and mileage on service book are fake, and that odometer has been tampered. There is absolutely no doubt about this. :!:

Considering that milage was 85000km in 2007, I think it is not impossible that real mileage is 300000 - 350000 km. The value of the car would be at least 1000€ less that what I paid. :(

I thought I could trust the car dealer because mobile.bg says they are in business for more than 10 years and they write "Два ключа, първи собственик, пълна сервизна история, други екстри. Автосалон Черно море предлага само автомобили с гарантиран произход, фактура, договор, оригинални документи от EU и са собственост на автосалона" which gave me confidence when I translated.

Now, I know I am stupid and I should have better check before. :evil: But it's too late.

So now my question is : in my situation where I discover after 5 days that seller lied about mileage, do I have any chance to get money back ? How should I proceed ?
Does Bulgaria has consumer protection laws on which I may rely on ? Any sentencing courts for similar cases ?
Or do you think that car dealers can sleep peacefully once they got the money from the buyer they just ripped off. Is it something considered as normal by all people in Bulgaria that used cars are sold by "professionals" with fake mileage odometers, and police and lawyer will laugh if I tell them that I want to report this ?
:?:

I really have no idea and I need your help to know what to do. Thanks. :roll:

dris
Posts: 2
Joined: Mon Mar 14, 2016 5:50 pm

Re: Odometer mileage tampering in Bulgaria : car dealer fraud or normal ?

Postby dris » Wed Mar 16, 2016 8:18 pm

Today I have met the car dealer to ask my money back.
1/ While I show him evidence, he does not want to recognize that kilometer is fake !!!!!!
2/ He told me that in Bulgaria people do not care about kilometers and documents... and that dealers sell cars and not kilometers !!!
3/ He does not want to give me money back. He said me that if I want to sell him back the car, he will give me only 2000 levs while I paid 3900 levs ( + 600 extra for registration, insurance, vigneta, etc). This is exactly the amount of lost money that I estimated in previous post : 1000€ :!:
4/ He proposed me to change the car if I didn't like it, which I refused.

Now that I'm sure that I got scammed for about 1000€ and the seller is not proposing me any financial compensation, is there any legal way for me to cancel the sale or to claim 1000€ financial compensation for forged document ? Any chance ?

In my home country and with such evidence, for sure the sale would be cancelled by legal means (court order) and dealer could also be prosecuted for scamming if too many people complain.
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Re: Odometer mileage tampering in Bulgaria : car dealer fraud or normal ?

Postby Admin » Mon Mar 21, 2016 9:24 am

Dear Sir,

if you are sure about what you are saying /that the seller of the vehicle has mislead you about milleage of the car/ and if you can prove this with documents, then you can ask the court to cancel the contract on the basis of art.27 of the Contracts and Obligations Act of Bulgaria. Art 27 says that voidable contracts are those, concluded by incapacitated or concluded by their representative without complying with the requirements set out for them, as well as contracts in error, fraud, intimidation.... In your case you are talking abour fraud, so you can use this as basis for eventual claim against the seller.

The procedure should be performed before the local court, where the seller is registered.

If you need any assistance on praparing such claim or legal representation during the whole process, we can direct you to local Bulgarian lawyers, who can handle your case. Please note that such procedures will take several months time to be completed and all will result in paying court and legal fees. Of course, if you win the case, all expenses should be paid to you by the seller, who will be sentenced party.

Bulgariandeals Team


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