Since the alleged odometer tampering was revealed in the local media on June 5, the MCCAA has received a total of 82 complaints from consumers who have proof that their odometer was tampered with.

The Authority informed these consumers that since the car they purchased did not conform with the sales contract, they were legally entitled to one of the following legal remedies: replacement of the car with a similar model with mileage as per the original sales contract; or price reduction, which should be proportionate to the difference in the value of the car received by the consumer compared to the value the car would have if it was in conformity with the sales contract; or termination of the sales contract and full reimbursement of the price paid by the consumer.

The Authority also guided the consumers as to the process to be followed. Following the consumers’ written notification to the car dealers in which they requested one of the mentioned remedies, 54 consumers reached an amicable agreement with the dealer.

Hence, two-thirds of the consumers who lodged a complaint with the MCCAA have to date resolved their dispute with the car dealer amicably.  The remaining 28 cases are being dealt with by the Authority through the conciliation process which also aims to reach an amicable agreement between the consumer and the car dealer.

If after the conciliation process no agreement is reached, consumers can then choose to bring their claim before the Consumer Claims Tribunal, where claims up to a maximum of €5,000 may be heard. To date, no cases have as yet been referred to this tribunal as the conciliation process is still ongoing.

Affected consumers who have purchased a second-hand car with a tampered odometer are reminded to contact the MCCAA for information on their consumer rights and assistance in obtaining the legal remedy they are entitled to.

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