BMW 3 Series Convertible - Clocked BMW, where do I stand?

Honest John Back Room » Legal matters
What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
View Threaded
Sat 25 May 2013 13:58
BMW 3 Series Convertible - Clocked BMW, where do I stand? - TheSC

I bought a 2008 325i convertible from a dealer in South London in August 2011. I have recently tried to sell the car and actually got as far as agreeing a deal only for that party to get an hpi check which showed a mileage discrepancy.

In May 2011 the car was taken to a BMW dealership with 48k on the clock, just 3 weeks later it was taken to the same dealer for warranty work but with 39k on the clock! The dealership refused to do the work under warranty as the mileage was incorrect.

The car was then 'acquired' by a different BMW dealership about three weeks later. They serviced the car but then (upon realising the mileage discrepancy I presume) disposed of the car to trade as they were unable to verify the mileage so could not sell it on to the public.

The car was sold to the dealer in South London and I purchased it a few weeks later. I was given an hpi certificate at the time and the log book was stamped by BMW so I presumed all would be fine and correct.

Where do I stand in terms of where I can go from here? Surely they could have done more to verify the mileage? Especially in light of the fact it was sold to them as un-warrantied mileage car by BMW? Am I entitled to any kind of compensation from the dealer? The dealer intimated that I signed a waiver and that there was no recourse, just as they had no recourse with the BMW dealership.

I know that there is only 9k difference on the clock but it's more the fact that the car now seems to have a chequered past to any potential buyer....

And how am I left in terms of selling it now? What do I have to declare? Is it even legal to sell a car knowing it has been clocked?

Any help would be most appreciated!

Sean

Reply | Report as offensive | Link
Sat 25 May 2013 20:07
BMW 3 Series Convertible - Clocked BMW, where do I stand? - tony g
Hi Sean,

The first thing that strikes me is that there is very little point in reducing a cars mileage by 9000 miles as it adds very little to a cars value ,especially once it gets beyond three years old .Perhaps the speedo failed or malfunctioned .Or the supporting paperwork was incorrect .

If the dealer stated a mileage when he retailed it to you ,either in his add or on his sale invoice that,s incorrect .Then he has misrepresented the car and is liable to compensate you for the difference in value .Having said that getting him to pay you will be difficult .

Finally when you sell the car you must state what you believe the correct mileage to be .Add 9000 to your current mileometer ,and tell interested buyers what you believe caused the discrepancy .If you don't ,you could end up having to pay compensation , or a refund .

Reply | Report as offensive | Link
Tue 28 May 2013 14:52
BMW 3 Series Convertible - Clocked BMW, where do I stand? - TheSC

Thanks Tony,

I agree it's bizarre that it was only clocked by 9k but there is no sign of the speedo being replaced in any of the service history (all checked by BMW). They are adament it has been clocked and that's why they sold it to trade rather then selling it to a private user....

I was told it had 39k on the clock when I bought it but looking back at the sales invoice, there is a small print disclaimer saying 'The mileage reading has not been confirmed and should be considered as incorrect'.....Do you think there is any chance of any recourse?

Agreed on the best course of action moving forward....Thanks....

Reply | Report as offensive | Link
Sat 25 May 2013 20:33
BMW 3 Series Convertible - Clocked BMW, where do I stand? - bathtub tom

>>In May 2011 the car was taken to a BMW dealership with 48k on the clock, just 3 weeks later it was taken to the same dealer for warranty work but with 39k on the clock!

I'd suspect it was recorded incorrectly in the first instance and 38K was mistakenly written as 48K. 1K miles in three weeks would be understandable.

Don't BMWs have the mileage recorded in the ECU? Can you get that read to see if it's the same as what's on the odometer?

Reply | Report as offensive | Link
Mon 27 May 2013 09:26
BMW 3 Series Convertible - Clocked BMW, where do I stand? - TeeCee

I'd suspect it was recorded incorrectly in the first instance and 38K was mistakenly written as 48K. 1K miles in three weeks would be understandable.

That makes perfect sense and sounds like the right answer. Unfortunately, we live in a world where the results of an HPI check are seen by some to be gospel, whereas it is in fact a compilation of a load of data from a variety of human sources and thus a good deal of it is outright cobblers.

What was the last recorded mileage prior to the 48,000 and when was that recorded?

Reply | Report as offensive | Link
Tue 28 May 2013 14:58
BMW 3 Series Convertible - Clocked BMW, where do I stand? - TheSC

I thought the same at first but it was in with BMW Feb 2011 with 44k and then again in Nov 2010 with 41k so it all seems to stack up....

I have had the key read by BMW and it reads 47k, the same as the speedo (I have done 8k since I bought it so all of that adds up since I've taken ownership), so perhaps the ECU was changed at the same time as the mileage changing? Unless the ECU can be re-written as well....

Reply | Report as offensive | Link
Wed 29 May 2013 13:58
BMW 3 Series Convertible - Clocked BMW, where do I stand? - balleballe

Perhaps the original owner had it on a hire purchase/lease with the agreed mileage set at 40k. So they 'clocked' the car to save paying the excess on the additional mileage.

Reply | Report as offensive | Link
Thu 30 May 2013 10:07
BMW 3 Series Convertible - Clocked BMW, where do I stand? - TheSC
That crossed my mind too but the V5 shows it was a private owner....
Reply | Report as offensive | Link