dodgy private seller, where do I stand?

I have purchased a vehicle on eBay, my commuter bike, the mileage seemed too low to me and when I asked the seller he confirmed this was the “genuine mileage” he did and I have that in writing from him. I found out the vehicle was clocked during his ownership, not only that but he had it MOTed and the new MOT has the low mileage on it even though the 2007 one has the higher mileage and it is electronic, sounds like the MOT place is just as dodgy.

And before you ask why I didn’t go back a few years checking all the MOTS at hand and question it… yeah… kinda stupid:)) but what’s done is done.

To be honest the bike has 10k extra miles than what it claimed to be, so I am not bothered since I just wanna use it to get from A to B and not care if it falsl apart, what I am bothered is the fact that if I want to sell it it will be hard. My only other way is to change the clock back to what it should be or get some new clocks from eBay that has a close enough mileage.

Where do I stand and what to do next? Would the MOT place be liable for dodgyness or their job is only to assess if the bike is road worthy the mileage is nothing to do with them?

Are you sure it has been clocked ? could the previous MOT have had the wrong mileage put on it (it does happen) ?

+1 It can happen, when I had my last MOT I had to go back to get it changed because when I got home I noticed that the guy had entered the trip mileage rather than the total mileage lol

:)) well…

*Dear XXX,

Hello, yes thats genuine mileage. The previous owner was a bit of an old fart and I’m not far off that myself. I have used it every day since I’ve had it and I only commute to and from work (a round trip of less than 2 miles).

  • quandaddy

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From: XXX
To: quandaddy
Subject: XXX has sent a question about item #330365488792, ending on 11-Oct-09 20:56:17 BST - 1998 YAMAHA XJ 600 N BLUE
Sent Date: 06-Oct-09 23:40:29 BST

Dear quandaddy,

Me again:)

Just wanted to double check, the mileage is 2696? Just wondering why so low:) Also is that Edmonton in Enfield or… somewhere further?

I need a commute bike that I can use on my daily route of 30 miles… I assume the bike should do quiet well. I know sometimes it is worst with a bike that has been sitting around for long than one used every day:)

Thanks

Andrei

  • XXX*

I wouldn’t bother about the clocked mileage cos its buyer beware, but I would report the dodgy MOT, the more garages out there doing this, the harder it will be eventually to buy a genuine second hand vehicle, and next time it might be an unsafe vehicle you buy.

can get a clock for around £60… but not sure I can be bothered to fork that cash for it, mighta s well stick the front wheel on a treadmill:D and roll it for 10k miles.

How long have you had the bike?

Did you pay too much for it with an extra 10k miles on it?

What is your plan with regards to keeping the bike, till it falls apart or do you plan on selling it in a year or 2?

What are you hoping to gain from all this?

Well mate the bike was £900, Yamaha XJ600N 1998, when I got it it should have had 18k miles and with what I put on now it should have about 21k miles. Based on his shitty mileage I didn’t know what work the bike needed hence why I was shocked when the chain forked up.

I have already had it checked out, carb measuring, changed plugs, new DID heavy duty Xchain and sprockets, rear break pads, heated grips and hand guards. Tires look good and I even used it non stop during the winter with blizzard and all and the bike has been going strong.

I was just a little peed of since I am not sure what else I should check on it, how much longer is it good to go for, would it fail MOT if it has wrong mileage and if I decide to sell it how hard would it be. Could I get my money back if I wanted to? Would it be worth adjusting the clocks to what it should be?

dont think the mot place did anything wrong. they will just type in whats on the clock at the time of the test. Even if he had the old mot with him and the milage is higher than the bike there is still no reason it should not pass as the milage is not a testable item.

You clearly have an actionable case against the seller as you have evidence that he misrepresented the facts when he sold it. However, what you would actually get on a £900 bike of that age is likely to be the difference between what you paid and what it is worth with the genuine mileage and I doubt that would be a huge amount. You then have the problem of enforcing any judgement anyway so is unlikly to be worthwhile given the risks that you might have trouble recovering even your costs if the seller chooses to disappear etc.

I also doubt that selling the bike will be affected much. By the time you sell it the bike will presumably have had a load more miles and will be a year or two older. Buyers will probably care more about how well you have maintained it than the mileage in those circumstances so keep good records.

£900 for a '98, useful bike with less than 3k miles . . . did you have a cold when you bought it and couldn’t smell the rats ? ;):smiley:

Hmmm, yeah sounds like the MOT place hasn’t really done anythign wrong. Have you tried contacting the seller? What’s he saying?

If you’d not laid a spanner on the thing and taken action within, say, 48 hours you might have a case. But for what?

You might have been sold a pup but youi bought it having seen it, and presumably the paper work.

Welcome to the club.

TBH, £900 is the going rate for a divvy 600, especially the nekkid one (which is a better bike than the faired version IMHO due to the lower gearing)
I had one a few years back as a commuter, almost exactly the same as this one, and it cost me 1K in 2003.I sold it 2 years later for £800.
The price paid for this one was pretty fair, TBH.
It should go for another 50k miles without any problems other than the exhaust collectors rotting…

Report it to Ebay as well and mentio the Dodgy MOT, i’m sure they would want to know:D

I still can’t see that there is any evidence that bike has been clocked.
Just because one MOT has a higher mileage - has the mileage on all the previous MOTs been checked ?
If it has and they all have a higher mileage on, then the guy was taking the pee a bit.If it’s only on the one MOT then I’d say it was a mistake when it was tested.Did the bike look like it had done loads more than 3k-odd miles ? footrest rubbers / handlebar grips well worn, etc. ?
Still think it was a pretty good deal for what is a preoperly reliable bike capable of huge mileages on little or no maintenance.

guy took the pee as he clearly lied about it and teh mileage was changed during his ownership, the bike so far is OK, had to change the chain and sproket as expected at that mileage, I put on it a good DID heavy dudty Xring chain shoudl last a while, if it gets me to 50k I am happy even if I just throw it away afterwards. better than a scooter anyhow, if I step on it it starts pulling like a train.