Claim for mileage discrepancy - what value? | Legal matters | Back Room Forum

Mon 14 Nov 2011 00:05

Claim for mileage discrepancy - what value? - adam23

Recently I purchased a second-hand Ford C-Max (58 plate) from a well advertised dealership but soon found that unfortunately it had a number of faults.

On approaching the dealership they have been unwilling to address the issues. From seeking advice I understand that leaves me the option of either a Section 75 claim from my credit card company (since I paid the deposit by card) or pursuing the Small Claims track of the County Court.

One of the issues with the car was that it was sold as being 'HPI clear' but when I lost confidence with the dealer over the other issues I decided to pay for my own check; whereupon I discovered it was in fact not - there is a mileage discrepancy with the vehicle. (Between 2009 and 2010 the National Mileage Register logged a mileage drop of 10k).

I believe it may possibly be a clerical error (the 2009 reading being inaccurate), but I obviously can't be sure. There's no way to investigate this without the dealers help (the car is ex-mobility, but they refuse to assist saying I must go through the selling dealer).

Given that this mileage discrepancy will make selling the vehicle on more difficult when I later need to, and it's not what I thought I'd been sold, it obviously affects the vehicle's value. The question is, by how much? If I'm to make a claim, what value should it be for?

As the vehicle cost £6k and it was more than a month before I discovered this problem, I think I'd be extremely unlikely to be able to return it for a full refund and couldn't pursue such via Small Claims (due to the £5k limit). Thus, I've decided I'd be happy to keep the car if the other faults are fixed and I'm compensated for the loss in value due to the dodgy history.

Thus, any advice as to what monetary value to assign to the mileage discrepancy for the purposes of making a claim? Anyone in the motor trade able to assist?

Thanks.

Edited by adam23 on 14/11/2011 at 00:08

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Mon 14 Nov 2011 19:50

Claim for mileage discrepancy - what value? - tony g

Hi Adam.
You would looking at about £500 as a difference.however it depends what the actual mileage is.
.50k to 40k has less of an effect than 20k to10k.
As to the overall effect when you come to dispose of the car it's unlikely that the mileage discrepancy will have an effect on the price you receive for the car.

Most dealers realise that mistakes are commonplace on the national mileage register and at the dvla. I believe that the dvla actually rounds up the declared mileage figure when a car changes hands.

If you want to try and establish the cars true mileage ,you could try two things that I usually do.
First you have the previous keepers name on the v5 ,get his number from 118 118 and ask him.

Second if the cars ex motability it will have been serviced ,the history will help verify the mileage .Also check with the servicing dealer or ford Uk to see if the car has been subject to any manufacturers recalls ,mileages are logged when the work is done ,again that could help confirm the mileage.
Finally unless the car has reasonably serious faults it's unlikely the small claims court will find in your favour.you bought a 3 year old car it won't be perfect.

Tony g

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Mon 14 Nov 2011 22:58

Claim for mileage discrepancy - what value? - adam23

Thanks Tony, some useful advice.

Mileage discrepancy - Feb 2009 reading of 35537, next reading Feb 2010 of 26968. This was while owned by previous owner and not between owners or in traders hands. Service book wasn't supplied, they told me that 'Mobility vehicles' don't have one just a printout of the service record instead; that they supplied after the car's purchase. Unfortunately, it can't be relied upon since it shows three vastly different mileage readings for Feb 2009, all on the same day!

Hence, why I thought the "discrepancy" [U]could[/U] be a clerical error, but obviously I don't know for sure. Original suppling dealer (when vehicle was new) and who did the yearly services say they have no mileage record; they can only confirm that the services were done. There seems to be no recall work applicable. Mobility say they are unable to help me, they will only deal with a trade dealer so I must return to the garage I bought the car from. That I've obviously tried, but they just fob me off and are unwilling to do anything. Surely, it would only take a few phone calls if a genuine mistake, how hard can it be? But nope, they aren't helping.

Had I known about the mileage problem then there's no way I would have bought the car. I know too that it would make most buyers extremely wary of making a purchase, particularly for a private sale, which is what I would like to do in a year or two's time.

Simply put, I basically just want the car I was promised and not to be out of pocket for a list of faults they knew about (I won't go into the others here, but there are a few and the dealer has been uncooperative). I'm okay with keeping the car, I would just like to be compensated for any monetary loss I have and/or will incur. I'm not trying to seek any more than that - I'm perfectly happy with a 'compromise'.

I think possibly my best action may be a Section 75 claim (since the deposit was paid by credit card), hence raising the question of what's the damage worth?

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Tue 15 Nov 2011 08:28

Claim for mileage discrepancy - what value? - RT

A 58 plate car serviced in Feb 2009 at 35,537 is a lot of miles in one year - even 26,968 in two years is above average.

I imagine that Motability lease cars have a penalty rate for exceeding a pre-set mileage - this car may have actually done 71,000 miles in the two years (2x 35.5k) and been reduced down by 44,000.

I'd want some serious compensation.

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Tue 15 Nov 2011 13:40

Claim for mileage discrepancy - what value? - tony g

Hi Adam,
Now I've read the additional information in the second post .I think the mileage issue is much more serious .A mileage of 35000 reducing to 27000 a year later is a real problem.you would also have to also take into account the additional mileage done from 2009 to 2010 .A realistic guesstimate being that the car covered an additional 10000 miles in 2009 ,It would be reasonable to say that the car would be showing 45000 miles by the time the car was recorded showing 27000 miles in 2010. A reduction of 18000 miles .

As another post said it's possible that the registered keeper had the car clocked to avoid excess mileage charges from motability.

Modern mileometers are incredibly easy to alter ,auto trader mag has lots of adds for people offering to do it for about £100.

As to the dealer who sold you the car.it's an absolute offence to offer a car for sale that shows an incorrect mileage .it's a criminal offence ,not a civil one .in this case, even the case of not knowing ,which is not a defense ,won't excuse the dealer .their appears to be clear evidence that the mileage on this car can't be guaranteed.
To assess the difference in value ,look on the auto trader website to see what the difference in retail is between a 30 k car and a 45k car .I think you would be looking at £1500 /2000.

It seems to me the dealer is foolish not to resolve this ,I would take it up with your local trading standards people ,they are always helpfull.even to car dealers like me

.after that a claim through the small claims court for £2000. Would be my next

step.the cost to you is £120 ,and that's the full limit of your liability.Win or lose.

Finally you say that the car has no service history book,but you know who the garage was that did the servicing .On a few occasions I've bought a new service book from the garage who did the work ,had them stamp it up and post it on to me .

Good look

Tony g

Finally you mention that you don't have a service history book for

Edited by tony g on 15/11/2011 at 13:42

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Tue 15 Nov 2011 18:47

Claim for mileage discrepancy - what value? - adam23

Thanks again Tony (and RT), great advice and thus really appreciated.

The fact of a Motability penalty for excess mileage did at one point occur to me and that it could be hiding a repeatedly clocked vehicle. Just it had slipped my mind (lack of sleep due to a young baby being my excuse). Thus, thanks for reminding me and highlighting how potentially serious it could be.

It would also explain why the auxiliary belt is playing up (the vehicle has far higher mileage, and thus wear, than indicated).

On the otherhand there could be an innocent explanation and it just be a clerical cock up. I just don't know and the dealer won't help.

I'll report back when there's more news.

Edited by adam23 on 15/11/2011 at 18:53

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Fri 20 Sep 2013 22:05

Claim for mileage discrepancy - what value? - iany

Hi,

I've just noticed that my cars mileage "dropped" by 30k somewhere in the 3 months before i bought it, at which same time the dealer said it was "hpi checked" and all ok. I only noticed as the new style MOT details the previous mileage and i just had it done and spotted it.

is there anything i can do? i've had the car nearly 2 years so is it too late?

thanks!

Ian.

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Sat 21 Sep 2013 11:33

Claim for mileage discrepancy - what value? - Andrew-T

Adam, you have told us the readings for 2009 and 2010, but what is it now? Both the figures seem equally unlikely and cannot be reliably reconciled. And to me there seems to be a bit too much cover-up going on. Does the general condition of the car suggest a high mileage? Reputable servicing garages always record mileages, don't they?

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