Dealers and Deposits

[ojj00u]

Hi,

I went to see a CBR on Friday at a dealers garage and there were a few 'iffy' looking things about it, but the price was too good and I had been looking for something in budget for a while, so I put a 200 deposit down.

The dealer claimed the bike had done 16k miles (having had to refit an odometer), so I took his word for it, however having taken the reg and vehicle ID number, the VOSA website shows mot's showing miles in excess of 40k!!! Now, I accept I have been naive and stupid, but this is how it is. My question is, should the dealer give me my depost back? He claims not to, but I cant help but think I have been done.

Cheers,

Oliver.

[anonymous-user]

ojj00u said:

The dealer claimed the bike had done 16k miles (having had to refit an odometer), so I took his word for it, however having taken the reg and vehicle ID number, the VOSA website shows mot's showing miles in excess of 40k!!! Now, I accept I have been naive and stupid, but this is how it is. My question is, should the dealer give me my depost back?

If it was sold as having 16K on the clock but really has 40K, then i would imagine that he's breaking the law - If he doesn't want to give you your deposit back, I would remind him of this, he'll soon change his mind

[John Laverick]

He should deffo be giving you your deposit back!!

Your verbal contract of sale was based on 16k mileage ... after some basic checks [that the dealer should have done to verify the mileage prior to advertising] you have discovered it has done 40k, very naughty on his part!!

[Hooli]

dont they add 'mileage cant be proven' or similar on all adverts in microscopic print to get around this?

[ojj00u]

hmmm... Thanks for the note; this is what I was thinking and chatted with a mate who was saying similar stuff. I will have to venture over again and try to be more persuasive(!)

Apologies for not introducing myself - I have read these forums for a while, but never added anything; I have only recently got into biking and have been borrowing a mates bike having passed my test in August, but he wants his 600 Bandit back now (1998) so I need to find my own bike! CBR 600 is what I am looking at now... Looking forward to the summer as the winter has been a bit miserable - I have been travelling to work through most of it on 'my' bike!

Cheers for the reply, anymore info/concrete stuff would be really useful,

Thanks,

Oliver

[Hooli]

CAB? they often seem useful (if you can get out of work to visit of course).
personally id pick a day they are nice n busy then loudly ask when your getting your money back. refusing to go in the office often helps if you dont get the right answer.

[randlemarcus]

Do you have anything in writing about the 16K mileage? If so, Trading Standards will probably actively want to help you, as opposed to CAB, who will tell you to go see Trading Standards.

If you're happy with the dealer (yeah, probably not), then transfer the deposit onto another bike, or if you want it back, as said, politely state the bike is not as described, and you would like a full refund. Repeat with banners, while having a little picnic on the pavement outside the shop

[slim_boy_fat]

Any dealer worth his salt would give you the deposit back no question.

You based your descision to purchase the bike at the agreed price on the mileage.

This has been proven to be incorrect, you are competely intitled to a full refund. Indeed even if you pull out a deal, the seller is not intiteled to keep any deposit money. They are intitled to make a claim agains you for any losses occured from the purchaser pulling out the sale.

Speak to the dealer get your money back and go somewhere else. Be nice even if he says no. Then get trading standards involved.

[Rubin215]

Sale of goods act.

Goods must be as described; in this case they are obviously not.
Whether the dealer knew about this or not doesn't matter; the legal obligation is on him.

Stern word first of all, backed up with a letter stating your case and requesting instant refund of deposit.

Anything you send by post, do it registered so they can't deny recieving it.





Alternatively, warn him that if you don't get the cash back you'll give him a damn good hiding.





Every day.




For the rest of his life.

[ojj00u]

nice; cheers guys! I will persue it - unfortunately I have nothing in writing about the mileage barr printouts of the advert from autotrader website. Hopefully this would be enough if trading standards ever got involved.

I will try again in the week.

Thanks

[cossiemetro]

i would have got as you say VERY SHIRTY with him and got my money back

[John Laverick]

ojj00u said:

nice; cheers guys! I will persue it - unfortunately I have nothing in writing about the mileage barr printouts of the advert from autotrader website. Hopefully this would be enough if trading standards ever got involved.

I will try again in the week.

Thanks

If you have the original advert then you're laughing .... do be honest he has been veryvery naughty advertising it with 16k [especially as you mentioned a clock change?] ... checking the VOSA is a very basic check the dealer should be doing prior to advertising a car to attempt to verify mileage!!

He should be trying to give you your money back to avoid you going to trading standard etc.!!!