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Thread: Car bought this month with a dodgy mot and many other faults

  1. #1
    Join Date
    Jun 2014
    Posts
    7

    Default Car bought this month with a dodgy mot and many other faults

    Hi All I am new to this forum and looking for some advice. I bought a car on 7th of this month and the car had been MOT'd the day before purchase by the dealer. On the way home I I started to think that some things weren't right so started to do some investigating, unfortunately was away for the following week. I took it for an inspection and found that the following MOT failing faults were present :-
    Both fron outer Cv gaitors torn (one without securing)
    A broken rear coil spring
    too much play in the drop link bush
    N/S/F Lower arm rear bush torn
    Ride heigt sensor bent
    both rear calipers binding (one is very hard to turn by hand)
    The handbrake will not hold properly.
    Both rear tyres through to the thread. the MOT has the rear tyres near legal limit and no other advisories.

    There are several other faults such as the radiator cooling fan wiring has been tampered with and such is permanently on. The thermostat had been removed and there is a cooling sytem error in the ECU. The fuel guage does not work properly, there is a leak where the soft top meets the window an when hot engaging first gear is sticky. The car was test driven but only for a couple of miles as there was no petrol in it.

    I have written to the garage and E-mailed them stating that under the sale of goods act I am rejecting the vehicle as it does not match the ad description and subsequent concversations with him and that I had asked him about any faults, none were mentioned and moreover the car is unroadworthy and as such not fit for purpose. He has not recieved the letter yet but will tomorrow and appears unwilling to read the E-mail. I called him on Saturday 3 weeks to the day of purchase to voice my concerns and intentions and to re iterate the E-mail that had been sent on Friday, only to be met with abuse and a complete unwillingness to do anything. Although his opening gambit when I said the car was unroadworthy was to offer me £700 les than what I paid before I had even told him what was wrong. I have contacted CAB to tell them what I was doing but said had offered them time to collect and refund (following the phone call it is clear he will ignore me completely) Tomorrow I will ask them to refer to Trading standards. I am also conatcting the DVSA for a re-test as the garage that looked over the vehicle said that it was obvious that some if not all of these faults would have been present at the time of the last MOT. The car has covered just over 200 miles since purchase, 170 of which were returning home from the dealer, the rest to get it inspected.
    I am quite prepared to take him to court but am now without transport and want a quicker end to this as it is causing me an inordinate amount of stress.

    WHAT A NIGTMARE

    ANY HELP MOST APPRECIATED

  2. #2
    Join Date
    Sep 2007
    Location
    Scotland
    Posts
    11,999

    Default

    Welcome to the site BK, you seem to have covered everything, and contacted all the right people. to complain about the dodgy car that you bought.It's just a pity you never took someone with you, who knew about all the pit falls of buying a second hand car, before you bought it.There is no way that car should have been sold to anyone, in that condition, let alone selling it with a years MOT on it?I hope it all works out well for you, in the end, good luck.

  3. #3
    Join Date
    Jun 2014
    Posts
    7

    Default

    Thanks for the response Smudger. Yes the car was purchased with a new MOT it supposedly have being done at 16;17 on 06/06/2014 in fact less than 24 hours before purchase. I only hope that upon receipt of the letter he realises the potentially very serious censequences for him and his MOT centre. He probably thought he could fob me off and that I will give up. NOT SO he is in for a very long and hard fight and I will use everything at my disposal to get this sorted.
    If and when I get satisfaction I shall be sharing the name and my experiences of this particular dealer to all in numerous ways !!

  4. #4
    Join Date
    Apr 2012
    Posts
    7,629

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    It's such a shame that these dealers are allowed to stay in business. Like the people in our permanent thread on reconditioned engines, these scrotes seem to be able to get away with just about anything short of murder. Why it is that the law cannot close them down defeats me.

  5. #5
    Join Date
    Jun 2014
    Posts
    7

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    Thanks Santa. Trust me they have crossed the wrong person. When it comes to what is right and conning people I will not be messed with. I will do my very best to ensure that this dealer and indeed the MOT station that supplied the MOT do not do it again. I will be very firm with Trading standards that I want this pursued. I will be taking them to court unless they comply in full before the deadline. I will also be going down the full route with the DVSA.
    In general the motor trade in this day and age are better than in the past. The "scrotes" as you so aptly put it need to be dealt with. I am absolutely outraged that I or indeed my girlfriend who could easily have been the driver on the return journey was put at such a risk and that we were blatantly lied to. Supplying a bent MOT is a very serious offence as is a dealer letting a totally unroadworthy car leave it's premises withou the customer knowing what is at fault. THEY WILL PAY !!!!!!!!!!!

  6. #6
    Join Date
    Apr 2012
    Posts
    7,629

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    I found this which may be of interest to you: on the dot gov website in relation to dodgy MOTs
    https://www.gov.uk/getting-an-mot/pr...ur-test-result
    If you think your car has passed incorrectly
    Contact your local DVSA office as soon as possible - you can find the address from your MOT test station or by calling 0300 123 9000. Find out about call charges.

    If your complaint is accepted, you’ll get an appointment within 5 working days to recheck your vehicle for free as long as:

    no more than 3 months has passed since the MOT test if it’s a corrosion-related problem
    no more than 28 days has passed for other defects
    You’ll get an inspection report listing any vehicle defects and advisory items.

    DVSA can’t help you take action against an MOT test centre even if it later decides to take its own action against the centre. You can take your own action against a test centre through Trading Standards, personal legal proceedings or reporting the centre to the police.
    I also found a forum for MOT testers, where it was clear that they are very concerned when a member of the public reports them in this way.

  7. #7
    Join Date
    May 2008
    Posts
    11,636

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    Follow Santa's advice as above post. Believe me this works because the VOSA inspector will request the issuing garage who did the test to be present at the time. If they decline or ignore this request they will almost certainly be banned from doing any more tests for the immediate future.
    If they do attend and the inspector points out the faults, they will still generate enough penalty points to end up being suspended.

    This happened to me with a car with fewer faults than yours and I also reported the seller to the police for selling me an unroadworthy car. This is a criminal offence. Following the re-test and the report from the VOSA inspector, the police 'advised' the seller to take the car back and return the full price immediately. This had the desired effect. The garage in my case was banned from testing for some years so lost a huge amount of trade.

  8. #8
    Join Date
    Jun 2014
    Posts
    7

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    Well contacted the DVSA today and am waiting for them to contact me to arrange a re-test. CAB not so good, I asked them to forward to Trading standards, they said that they have and that at the moment TS will take no action, so it would appear that supplying a car with an MOT that is substandard to say the least is OK. I shall be back on their case once I have the DVSA report. LBA sent (special delivery this time) and the recorded delivery letter sent on Friday still has not arrived.

  9. #9
    Join Date
    Jun 2014
    Posts
    7

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    Thanks to both Santa and Hometune (very valid points and advice)sorry wrote that last post before reading both of yours. Yes I have reported this to VOSA today and am waiting for them to get back to me. The police have been made aware already but upon receipt of the VOSA report I shall re-visit them. Have also sent the garage a letter before action giving them 14 days or I shall take them to the small claims court.

  10. #10
    Join Date
    Jun 2014
    Posts
    7

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    Thanks for all the excellent responses.

    The letter sent yesterday an lba and a copy of the original letter (still not arrived) was received by the dealer today. I got a phone call whereupon he proceeded to tell me that it was not his responsibility and that it was that of the MOT station. I did not want to get into a lengthy debate but realise I had to listen to what he proposed. I pointed out that it was his responsibility as a dealer to make sure a car is roadworthy before sale and that the MOT was arranged by them, therefore nothing to do with me. I also re-iterated that I wished to exercise my right to reject the vehicle under the Sale Of Goods Act 1979 owing to it not being fit for purpose and not what had been described in the ad and subsequent conversations with him and was not of satisfactory qulaity. He has offered to refund me £2900 (which he would transfer to my bank today !), I paid £3200 for it on 07/06/2014. I re-iterated that as I had stated in the letter I wanted all correspondance in writing.

    He said he was deducting £300 for rental of the vehicle .I re-iterated that I was rejecting the vehicle and as such required a full refund. He then said that this is his offer take it or do what you want, take me to court you will have to wait 6 months for your money, I'll pay then.
    Incidentally he also stated that he no longer worked for the dealer and that he would forward his new address and contact details (hmmmm) and that he had only called in to pick up mail. The letter was addressed to "The manager" of the so called dealer.
    The conversation was left with him saying that he would put the offer in writing and also forward his new details to which all future correspondance should be sent (not sure if I'm buying this but may well send 2 copies of anything further, one to each address) The contract is with the dealer and so it is their responsibility to act and not this individual, if indeed he has left.

    I am waiting to hear from the DVSA (VOSA) and am without transport so would prefer a speedier solution, however I am not about to accept £2900.

    I have been mulling over saying that I will accept £3000 to put an end to this and so that I can get transport again. This would be on the understanding that it is his responsibilty to collect the vehicle as it is unroadworthy and illegal. I would also require this offer in writing. Obviously the court would require that I had been reasonable and explored all avenues.

    What do people think, this is getting more and more suspicious. To me the offer to take the car back means he is accepting responsibilty however not with an acceptable level of recompense.

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