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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have an instance where i believe the Garage has put the incorrect

Customer Question

I have an instance where i believe the Garage has put the incorrect mileage on a mot certificate. They have overstated the mileage by 30,000 and then the following year they have put what i believe to be the correct mileage. The buyer of my vehicle has pulled out because of these inaccuracies and the garage is yet to admit liability.
What are my options.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What makes you think it is wrong?
Customer: replied 2 years ago.

based on milage history from MOT and service.

2011 - 45889

2012 - 56023

2o13 - 64102

2014 - 96405

2015 - 74851

Expert:  Ash replied 2 years ago.
What is it you want to achieve?
Customer: replied 2 years ago.

i want them to adjust the mileage to what it should be 69405 rather than 96405.

Expert:  Ash replied 2 years ago.
Have they refused?
Customer: replied 2 years ago.

at this point they have that is why i am asking what my options are

Expert:  Ash replied 2 years ago.
You have a number of options. The cheapest is to go to VOSA and explain the situation. They can consider what you have to say and investigate, that won't cost you anything.
You could also go to court and seek an order that they provide you with an amended certificate. For this you would need to issue a claim using form n1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The claim will be issued and they can defend it. The court will then set it down for a hearing and decide whether to make them amend it,
But try VOSA first. Can I clarify anything for you about this today please ?
Alex
Customer: replied 2 years ago.

Can i claim expenses for selling the vehicle as the original buyer pulled out when this issue was identified.

Expert:  Ash replied 2 years ago.
Expenses yes.
Alex
Customer: replied 2 years ago.

what about the loss of sale and my time to follow this up.

Expert:  Ash replied 2 years ago.
Sadly not. It can only be a breach in the mind of the parties at the time of contract. You have not lost the vehicle you can still sell it.
So no, you cant claim loss of sale sadly.
Does that clarify?
Alex
Customer: replied 2 years ago.

N0 - because of the MOT issue the Buyer has returned the car and i have had to return the funds that were paid. The buyer has said that it is illegal to put an incorrect mileage on the vehicle and if found guilty there could be a jail term.

Expert:  Ash replied 2 years ago.
But you wont face jail as it was not your fault. In any event you have not been charged by the DVLA or anyone so there is no compensation due there.
You can't claim for loss of chance. Only the cost of resale.
Does that clarify?
Alex
Customer: replied 2 years ago.

No - of course it is not my fault. It is the garage who have put the wrong mileage on the form. My time is worth something ? I have emailed you 10 times today , i have had a sale fall through and the garage has been negligent. Surely that adds up to something.

Expert:  Ash replied 2 years ago.
Is time worth something, as a small claim no.
If it was not a small claim you would be entitled to £18 an hour dealing with litigation.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex