Mileage discrepancy - can I get my deposit back?

andersoc

Hi all,
Wondered if anyone has some advice for the following situation please?
I recently viewed and test drove a Ford Fiesta at a local dealer. It was advertised on motors.co.uk and showed as HPI clear, so I didn't bother getting a full check prior to seeing it. The car was great and, despite it not having any service history, we were happy to go ahead and place a £200 deposit.
On the train home, I decided to do a full check just in case, and it turns out there's a mileage discrepancy according to the MOT history, which was not mentioned by the dealer:

• 20/03/2017: 24,171 miles
  
• 26/03/2018: 39,696 miles
  
• 28/03/2019: 35,997 miles
  

I immediately called the dealer who seemed oblivious, and he tried to assure me it was likely an input error at the MOT testing station. I think that's probably true looking at the mileage, but I can't be certain since there is no service history to back this up. I've asked them what they can prove of the service history, and they've offered to put me in contact with the previous owner so he can explain the situation. Without any documentation however, I'm worried about potential problems when I come to sell and if the mileage isn't genuine for any reason, so I just want my deposit back.
So, I was a bit silly not doing a full check, but do I have any recourse? From my digging so far, I believe they should have:

1. Reasonably been aware of the discrepancy, given their trade as motor professionals and especially since the car doesn't have any service history.
2. Informed me of the discrepancy, otherwise, this would constitute a 'misleading omission' under regulation 6 of the Unfair Trading Regulations 2008 (I would not have paid the deposit otherwise).

I have asked for the deposit back via email, which so far they have not responded to directly, so I'm just trying to clarify my position in case of a fight.
Thank you for any advice!

JamoLew

andersoc said:

Hi all,
Wondered if anyone has some advice for the following situation please?
I recently viewed and test drove a Ford Fiesta at a local dealer. It was advertised on motors.co.uk and showed as HPI clear, so I didn't bother getting a full check prior to seeing it. The car was great and, despite it not having any service history, we were happy to go ahead and place a £200 deposit.
On the train home, I decided to do a full check just in case, and it turns out there's a mileage discrepancy according to the MOT history, which was not mentioned by the dealer:

• 20/03/2017: 24,171 miles
  
• 26/03/2018: 39,696 miles
  
• 28/03/2019: 35,997 miles
  

I immediately called the dealer who seemed oblivious, and he tried to assure me it was likely an input error at the MOT testing station. I think that's probably true looking at the mileage, but I can't be certain since there is no service history to back this up. I've asked them what they can prove of the service history, and they've offered to put me in contact with the previous owner so he can explain the situation. Without any documentation however, I'm worried about potential problems when I come to sell and if the mileage isn't genuine for any reason, so I just want my deposit back.
So, I was a bit silly not doing a full check, but do I have any recourse? From my digging so far, I believe they should have:

1. Reasonably been aware of the discrepancy, given their trade as motor professionals and especially since the car doesn't have any service history.
2. Informed me of the discrepancy, otherwise, this would constitute a 'misleading omission' under regulation 6 of the Unfair Trading Regulations 2008 (I would not have paid the deposit otherwise).

I have asked for the deposit back via email, which so far they have not responded to directly, so I'm just trying to clarify my position in case of a fight.
Thank you for any advice!

What do the March 2020 and March 2021 MOT mileage say ?

I would guess on 2018 being 29,696 NOT 39,696

IMO you had ample opportunity to do your own checks and due diligence - in fact, I would be surprised if dealers bothered to look at previous MOT history

AdrianC

The car must be 2014 at the newest, to have been tested in 2017.

So 24k in three years, then 15k in one, before being clocked?
Or 24k in three years, then 6k then 6k?

I know which is the more likely scenario.

The bigger issue for me would be the lack of any service history. There are plenty of other Fiestas around. I'm also presuming it's a diesel...? So lowish mileage, recipe for DPF issues.

andersoc

Thanks for your reply. So the full history is:

• 15/02/2012: 10,929 miles
• 02/04/2013: 14,644 miles
• 17/03/2014: 16,959 miles
• 16/03/2015: 20,402 miles
• 20/03/2016: 22,685 miles
• 20/03/2017: 24,171 miles
• 26/03/2018: 39,696 miles

• 28/03/2019: 35,997 miles
  
• 26/03/2020: 40,769 miles
• 2021: Hasn't had an MOT yet, but the clock says ~43,000

> I would guess on 2018 being 29,696 NOT 39,696
Yep, that would be my guess too. But without the service history I can't be sure, plus I'll have the aggro of trying to explain this when I come to sell.

> IMO you had ample opportunity to do your own checks and due diligence - in fact, I would be surprised if dealers bothered to look at previous MOT history
Indeed, I'm kicking myself. But from what I've read (e.g. https://www.businesscompanion.info/focus/car-traders/part-complying-consumer-protection-unfair-trading-regulations-2008-cprs) it would appear there is some obligation on the dealer also to disclose this?

andersoc

AdrianC said:

The car must be 2014 at the newest, to have been tested in 2017.

So 24k in three years, then 15k in one, before being clocked?
Or 24k in three years, then 6k then 6k?

I know which is the more likely scenario.

The bigger issue for me would be the lack of any service history. There are plenty of other Fiestas around. I'm also presuming it's a diesel...? So lowish mileage, recipe for DPF issues.

Thanks for your reply. It's a 2009 registered petrol, I've just posted the full MOT mileage in a comment above.
Yeah I would agree that, looking at the average yearly mileage, it's likely that 39,696 should have been 29,696.

lemondrops69

I cant believe a dealer is going to check the mileage history for every car to see if there is a discrepancy. And why would they clock a Fiesta for  a few thousand miles? Seems to me you've changed your mind and are using this an excuse not to buy it.
If you get your £200 back great, if not chalk it up to experience and do a bit more due diligence next time. 

AdrianC

andersoc said:

Thanks for your reply. It's a 2009 registered petrol, I've just posted the full MOT mileage in a comment above.
Yeah I would agree that, looking at the average yearly mileage, it's likely that 39,696 should have been 29,696.

It's a 12yo Fester with Granny mileage.
The most important questions are "Is it knackered?", "Have the corners been battered to oblivion and back?", and "How long's the clutch got?".

An easily-explained mileage question mark from three years ago is trivial.

andersoc

lemondrops69 said:

I cant believe a dealer is going to check the mileage history for every car to see if there is a discrepancy. And why would they clock a Fiesta for  a few thousand miles? Seems to me you've changed your mind and are using this an excuse not to buy it.
If you get your £200 back great, if not chalk it up to experience and do a bit more due diligence next time. 

Thanks for your reply. That's my main question really - do they have an obligation to check and/or inform if they knew? Some things I've read would suggest so, and I know they were doing checks anyway due to the lacking service history.
Yep, like I said, I'm kicking myself. I know in all likelihood its a clerical error, but it will make the car harder to sell (unless they're people like me! ;-)

GrumpyDil

Although to be fair if you keep it for a couple of years you're heading for bargain bucket territory it terms of value anyway so I doubt a discrepancy which looks to be explainable would be too much of an issue anyway. Certainly it wouldn't worry me. 

cymruchris

I don't think it'll make the car any harder to sell. A lack of service history would make a car harder to sell - an easily explainable admin error wouldn't bother many people - especially as it's 12 years old now, and by the time you sell it - maybe 13 or 14 years? Cars that are reaching that age are more about the service history and condition than anything else. (And no - they wouldn't have to check the mileage and then declare it to you)

JamoLew

Agree with the above.

Its 12 years old now- it another 2-3 years time it will frankly be banger/scrap value and I’m not sure a buyer will be bothered at that price