hi everyone I sold my first fireblade and upgraded to a more track-specific bike back in May this year. Both bikes are '09 models. The guy i sold my bike to texted me tonight and said this: "this bike you sold me isn't legitimate, you can buy it back from me or i'll have to contact the policeman. tried to sell it and the mileage has been clocked call me so we can resolve this" I responded that it was sold in good faith and he was delighted with it when he bought it. He responded "the MOTs don't match up in mileage. Was mot'd one year at 10k the the next year at 5k. I am unable to sell the bike due to this. I paid you £X,000 for a bike that i cannot sell so is effectively worth nothing. I would like £X,000 (£1k less) of my money back and you can have the bike. I did buy it in good faith and was under the impression it has no faults however as i've explained it does" OK, so i am "not that guy" that buys and sells bikes often and i certainly didn't try to do anything wrong in this sale; i had actually spent £1500 on the bike fixing starter issues and prepping it for 5 days on track. Any advice guys - i'm not minded to buy back the bike as i have my new track 'blade. But don't want to risk legal issues etc. Is the guy correct, have i done anything wrong, can he go to the police about this? Thanks for any help!
Is what he's saying correct first of all? Did you check the paperwork when you first bought it? You need to get those facts straight before doing anything else . Once that's established it might be worth a chat with someone like White Dalton either to find out your legal liability or to get him off your back. Hope you get sorted mate.
Thanks bladey i was just doing that after i posted this up. It appears that the mileage was wrong the MOTs record the mileage in 2011, 12,13 as 10500, 5400 and then 10200 so i see his point but i didn't look at that as i bought it from a small independent dealer in South Wales (i live in Cumbria). Think i will give White Dalton a call tomorrow; thanks for the guidance.
No legal expertise here but I'd suspect he wouldn't get anywhere. That information is readily available on the Gov website for MoT checks or on an HPi check so he hasn't done his own checks same as you. Is it possible the bike is on a replacement set of clocks? Providing you didn't know about it and you weren't actively trying to deceive a buyer then he might struggle legally. Good luck.
If you're aware your vehicle is clocked, which he is now, its illegal for him to sell it on. He has to inform trading standards and they take it from there. I'm not sure how they assess if you're responsible for refunding him given the years and owners that have gone by since the change in mileage. But like Charlie says it could be replacement clocks. Maybe ring trading standards? free advice unlike solicitors
Was there service history that shows mileage? It could be the first mot was recorded with an incorrect mileage as in should have been 1500 not 10500
Thanks Lozzy i will give them a call, hadn't thought of that as it was a private sale and i don't do many sales
That's what i think has happened Boothman, but can't prove it of course and no service history with the bike
did not create a bill of sale mate. I was away with work and the guy came to the house, handed my wife a load of cash, test rode it and then rode it away having done the online transfer of ownership
You could try asking DVLA for the original supplying dealer or check where the first MOT was done (hopefully that was a bike shop) and ask them if they have any service history for that reg
Do you have a copy of the ad from when you bought it? How long ago did you buy it? If recent enough you may have some comeback against the shop you bought it from.
This is why HPI Checks exist. Who hands over £x,ooo without getting an HPI? Caveat emptor, I believe is the phrase used.
I would just ignore it and carry on. I bought a track bike once with the engine number filed off, got scammed, no one was interested.
I bought a ringer Yam R1 I and whilst on nights rang plod at about about 1 in the morning and got a realistic reply saying, do not pursue this as you are likely to loose the bike and your money, If the person selling was not involved / aware they are totally entitled to be paid and it is you that looses out, the person has an issue with the person who amended the millage. needless to say I just enjoyed the bike but had a buyer contact me about 4 years after selling saying it looked fishy, If the millage was changed before you bought it legally it is nothing to do with you
Is it possible it was a mistake by the MOT tester. My car has an error as does my dirt bike. Found the same on my brother in-laws scooter today with last year's MOT. Who on earth is going to take the risk of prison for the sake of 5 thousand miles. Clocking on cars is about loosing 100k. Truthfully it's probably been damaged so bad it should have been written off. But didn't go through insurance. It's 15 years old he should buy brand new or lease in future.
Everyone also forgetting he sold it in MAY - its now NOV (if thats right) If not why is he suddenly selling it anyways if he bought it recently I would just ignore him - he wants to sell it - probably cant sell it and after an easy sale/money as such. Surely he would of been in contact ages ago. Do people seriously care that much if the mileage is different. Esp on this age and value bikes - different on 10-20k bike nearly new and changing clocks to make it less on purpose. Easy to damage these items on a bike - unlike a car. Google doesn't bring up much on the topic either, weather you have to inform dvla etc of a clock change. MOT guy obviously didnt care either. Easy to say rack up loads miles in 1 year - change speedo for bit more miles than you had previous then get mot - (bike could of been not used for that year hardly driving 100 miles only) no one the wiser technically. Even for me buying i wouldn't give a crap unless was crazy high difference long as the bike was all good esp at this age and price range not like the collectors specials either haha
For the person buying to have a legal claim, the person you have bought it off must have owned it from about 2011, so the millage changed whilst the person you are buying it from owned it, If the seller bought it in say 2015 then it is nothing to do with them and classed as sold in good faith
