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New Clocks


nigel smith
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Hi paul

The reasons i chose my XT were the full service history and the low mileage and being from what i could tell a reputable dealer,

i have just been flicking through my service history and found that the clocks were changed a two thousand miles which doubles the shown mileage, i paid decent if not top money for this bike. Not sure what my plan of action should be ? should i go in all guns blazing talking about fraud or should i go softly softly as i can not really afford court action but i do beleve the bike was falsely advertised,

any advise much appreciated

Nigel

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They normally have a disclaimer not guaranteeing the mileage somewhere in a showroom.

Was the bike advertised as low mileage and the mileage stated?

What year is the bike as this cause issues in the future (if a higher mileage has been recorded for an MOT, for example).

Trading standards take a dim view of "clocking".

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OK.

What mileage did the clocks show at purchase and what should it have been?

Does the service book show an increasing mileage and does this drop or is there evidence that the clocks were changed by a receipt or something?

Does the bill of sale or receipt have anything on it saying that they can't guarantee the mileage - normally in the T&C's on the back?

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hi dirty

yep says mileage cannot be guaranteed in tiny writing at the bottom of the invoice.... shit

do you think i should try and get something out of them because it is stated in balck and white that the clocks were changed ??

nigel

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What mileage was the bike advertised at? It's a 2010, is that right and what do you believe the mileage should have showed??

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OK its double the mile's but a 2010 its still low miles and your only talking 2k doubt you'll have any joy just put it down to experience

you'll know better next time and you won't buy from them again

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Caveat emptor - Buyer beware, normally applies but consumer rights are much stronger when dealing with a trader. If the advert has a picture of the mileage and the mileage was part of the ad (or a statement of low mileage such as a picture), this is then misleading and this this forms part of the contract of sale. That's the way I see it.

Linky

If the service book showed the clocks had been changed then the dealer should have disclosed it.

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Okay matey, I've asked a couple of people and they think:

Even if the small print says millage is not guaranteed- the trader didn't just think that the millage might not be correct, they knew full well that it was not correct. they have been deliberately fraudulent with their advertising of this vehicle

You need to phone trading standards first thing Monday morning (i don't think they are open on Sundays) explain the whole situation and see what they have to say..... i think this rouge trader might have his comeuppance.

Best of luck mate! and chin up.

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not worth the bother in my opinion 4k is still low mileage, from what I've seen the digital speedo on these bikes is unreliable and I would imagine it was changed because the original one broke down not changed to pull the wool over anyones eyes (especially at only 2k). I do agree though that this should have been pointed out to you if they knew about it, just saying...if it were me I probably wouldnt get too heavy but I might go see them and let them know I'm non too happy!

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only 2000miles?

thats a fair bit especially when they were selling it as half the mileage it actually had. If they thought it was no big deal they would have been honest about it.

Also what if you bought a brand new vehicle with only 10 miles on it, it later turned out to have 2010....would you just let it slide?

I'm pissed off for you to be honest Nigel!

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hi all

thanks for all the replys, i think im gonna ring the dealer on monday and point out there "MISTAKE" and see what they say if i get no joy i will talk to trading standards and see what they say, but to all who read this take care and do not take anyones word as the truth, yes i should have taken a closer look at the service book but i suppose i think everyone is as honest as me.

cheers

nigel.

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Just a quick question Nigel, What would the difference be between the bike with present mileage and if it had the "proper" mileage on it? If your talking a couple of grand then you have every right to be pissed but if your looking at say£150 then is it really a problem? Not my bike and not my problem I agree but are you going to go all HULK on them for that amount? It might be an idea to squeeze a "sweetener" out of them say a new jacket - pair of gloves or something else you might fancy. Just a thought.

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I mknow the rules are differenthere but,clock tampering is fraud,in this case it wasn't tampering but a case of not disclosing in writing the true milage.

On the bill of sale what milage was recorded this is where you have them over a barrel,if they falsely,kowingly,sold you the bike leading you to belive that was the true milage then it's fraud.

The log book clearly shows the milage when the dash was replaced? yes ?no? if it does then they as a dealer Nomatter how little the consumer knows they should and been up front at the time of sale and the true milage been recorded on the bill of sale or recorded as "true milage unkonw and milage showing" this is thier get of jail free card any good dealer would have writen the bill of sale this way to cover thier bbut. For all you and they know the PO could have driven it another 2k before changing the dash and the bike could have alot more milage than you think.

The small print at the bottom is for when they buy a bike and don't have full history on the bike,ie the speedo was disconnect by the previous owner,in this case they full well knew.

If they made no mention of it then it's fraud,buyier beware applies to private sales dealers on the other hand are expected to conduct in a differennt mannner.

2000 miles at say 40k dosen't affect much as far as re sale value but at under 4k it does the wholsale black book clearly depreicates the value. By age milage and overall condition.

I would take Slices advice and see what you can do with the dealer first and then go the leagle route.

On a another topic

Xt owner should unite and petition Yamaha to replace the defective dashes with a updated one,clearly they have a bad part and ownners shouldnn't be expected to keep buying a defective part

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hi slice dt502001

i am going to send a polite email to the dealer stating the facts of the sale the mileage ect and see what kind of reply i get,,, saying that going all hulk on them might get a few frustrations out of the system, will let you know the outcome

nigel

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