HP Car- Milage Discrepancy Mot history

[benharveycc]

Hi,

I purchased a car on hire purchase from BMW approved used. 12 months on I discover a mileage discrepancy in 2013 on the Gov MOT history website. The mileage goes up to 55k in 2013 and back down to 47k the following year. BMW key fobs record mileage at every service/MOT etc and it was almost certainly a clerical error as at that time the key fob recorded 37k miles for 2013.

As its historic VOSA won't change the mileage records. It actual comes up clear on a HPI check but mileage records on NMR are not 100% reliable.

My issue is this was flagged when trying to sell the vehicle and the garage offered half the original offer on discovery of the discrepancy. Now do I have to declare the discrepancy when trying to sell the vehicle?

Clerical or otherwise the mileage discrepancy still remains on the gov website. I feel the fact I was not told in advance of purchasing about the mileage discrepancy that the vehicle was misrepresented and I would never had bought it had I known about the issue. Ideally BMW would take the vehicle back and refund me all payments made but I'm I'm not sure where I stand with this or what kind of resolution to go for or really where I stand legally.

It seems obvious a clerical error but it can't be proved for 100% there is nothing to say that th BMW database info could not of been modified. Is a mileage discrepancy on the Gov/Vosa website enough to pursue recompense?

Thanks!

[des8]

Re: HP Car- Milage Discrepancy Mot history

Hi and welcome

If the government site (https://www.gov.uk/check-mot-history ?) has recorded incorrect figures back in 2013, but is now showing the correct figures I really don't understand your concerns.
If the odometer and key fob are showing differing mileages there would be reason to be concerned.

In any event the mileage discrepancy is on the government website, so why should BMW be responsible for a government agency error?

Further, even if there was a case for a return of payments (which I don't believe is the case), it would only be partial as BMW could take into account the usage you have had

Regarding selling the vehicle, I gather you were selling to a dealer when the discrepancy was flagged up.
You are now asking if you need to declare this info when advertising it.
IMO not. You advertise it with its recorded mileage. As long as you do not lie or misdescribe it you are doing nothing illegal.
If you were to be asked a direct question about its history, you would need to answer truthfully.

[benharveycc]

Re: HP Car- Milage Discrepancy Mot history

It wouldn't be a government error it would be the MOT testers error (BMW) for inputting the wrong data.

The discrepancy is a sign the vehicle may have been clocked. BMW should have excercised due diligence prior to buying and selling the vehicle including Milage checks and should have disclosed the Milage discrepancy to me prior to purchasing. (Had they done I would never have bought the vehicle)

That's the issue for me. I have taken the vehicle to 2 garages to see what they would purchase the vehicle for and both reduced the offer price by several £1000 due to the discrepancy.

[wales01man]

Re: HP Car- Milage Discrepancy Mot history

Modern ECU can be read even after the mileage has been clocked on some cars would expect a merc has the data stored forever,

[des8]

Re: HP Car- Milage Discrepancy Mot history

You might find this thread of use: http://www.rac.co.uk/forum/showthrea...tory-Incorrect

Have you tried contacting the previous owner to ascertain the accuracy or otherwise of the recorded figures?
When you purchased the vehicle was the mileage "guaranteed" or just stated "as recorded"

[benharveycc]

Re: HP Car- Milage Discrepancy Mot history

The certificate was not incorrectly assigned to the vehicle history and its historic so VOSA won't do anything.

The paperwork recieved at the time states "this certificate is not a gaurentee the mileage is correct, should it subsequently turn out to be incorrect you will be informed by the dealer"

The most accurate and safe way to check mileage is MOT history and its a free check taking 2 minutes. This obviously wasn't carried out. In my opinion it should have been carried out and the discrepancy disclosed to me in advance. Therefore the vehicle was misrepresented, breaching the sales of goods act.

[des8]

Re: HP Car- Milage Discrepancy Mot history

Sorry, understand you are peeved, but under what section of the Sale of Goods Act 1979 do you believe you have a claim ?
Act can be accessed here: http://www.legislation.gov.uk/ukpga/...9790054_en.pdf

Have you tried selling the vehicle back to the dealer you purchased it from?
They did not guarantee the mileage, in fact implied it could be incorrect, so it was a case of "buyer beware"
I certainly do not think you have cause to claim "misrepresentation", and to pursue that through the courts would only cost you.

[des8]

Re: HP Car- Milage Discrepancy Mot history

Having suggested that I feel you do not have a claim, on the contrary it is possible that there has been a breach of The Consumer Protection from Unfair Trading Regulations 2008.

Although it appears the dealer indicated the odometer reading could not be guaranteed, he would still have needed to carry out the checks.
Having carried out the basic checks he should have noticed the discrepancy, and by omitting to bring it to your notice he has withheld info which would have affected your decision to purchase the vehicle.

There are defences to this, and I still believe you would have difficulty proving your case.
There are also time limits