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  • FIRST POST
    • Joosh
    • By Joosh 29th Mar 17, 6:13 PM
    • 83Posts
    • 8Thanks
    Joosh
    Unknowlingly bought unroadworthy vehicle from Dealer
    • #1
    • 29th Mar 17, 6:13 PM
    Unknowlingly bought unroadworthy vehicle from Dealer 29th Mar 17 at 6:13 PM
    Hi guys,

    Not having much luck these days.

    Bought myself a nice estate car recently (5 weeks ago or so, mid Feb), turbo diesel, full stamped service history and 6 months MOT etc. Trade seller.

    Travelled 250 miles to view and subsequently buy it (had everything I wanted inc cruise control, useful, though not essential, due to an injury).

    Generally was happy with the car, checked it over as much as I could given the time and impending dusk. Looked over the engine, all seemed OK, no dodgy running noises. None of the common faults with that type of car easily visible.

    I bought it, haggling a small amount off to bring it back to a more representative price, garage seemed happy and so I bought, taxed and insured it and drove it away.

    This was a Friday afternoon, near dark and they closed around 10 mins after I left.

    After a number of miles there was a rattle on the car over speed bumps and potholes. Sounded like an exhaust heat shield, stopped, noticed this was loose so carried on thinking "no biggie I'll fix that up soon enough".

    It was a week or so before I had the ability to get under the car and secure the heat shield. This reduced the noise a little however it was still there. I also noticed over that time that on the type of roads where I live (bumpier, more potholes etc) that the car's handling wasn't right.

    I informed the garage of this and after a few days they replied with "wear and tear" and things like "you got a discount so just use that money".

    I was concerned, so I said I'd look into getting it inspected to determine the issue.

    I booked it in for an inspection, the garage was busy so it took 8 days to get it in, but they determined the following:

    - OSF and NSF tyre excessively worn on extreme inner edge (outside of the central 3/4 of the tyre but dangerous nonetheless and very hard to spot).
    - OSR and NSR shock absorbers defective.
    - Battery failed test (not so concerned with this one).

    I have paperwork detailing this.

    I contacted the garage who sold it to me stating what the problems were. They told me to "bring it back for inspection". I repeated that the car had already been inspected and was determined unroadworthy (as in, it would easily fail an MOT at that time). They then said "put it on a lorry then!". When asked if they would cover any costs of vehicle transport they refused.

    Therefore I was left with an undriveable car near home.

    I had two choices:
    - Foot the huge car transport bill to get it to the garage for them to decide what to do with it (and inspect it again), leaving me carless and waiting on them. Then hope that whatever the outcome, they pay up for the extra costs (whether car is repaired or refunded).
    - Repair the car so it is driveable.

    I went for the second as it was incomparably simpler, by this point having been in back and forth discussions with the dealer for over a week with no car.

    The tyre issue needed further investigation, and upon replacing the tyres and shocks the front wishbone brushes were obviously severely worn (hence the car had been seriously toeing out the whole time and ruining the tyres). Another MOT and roadworthiness issue which I had repaired.

    The garage have said "it had 6 months MOT, not 12 months" etc as an excuse for it not being of MOT standard. The advert for the car described it as a "superb example".


    The situation is currently this:

    - I bought the car 5 weeks ago, it seems they sold it in an unroadworthy state.
    - It was sold with !!!!!!ed front tyres (I had checked the tyres as the car was stood but the central 3/4 were around 4mm on all four), I didnt "feel" right over to the inner tyre wall though.
    - It was also sold with severely deteriorated wishbone bushings and rear shocks.
    - Total repair costs have been around £350.

    My reasons for going the route I did:

    - I needed the car.
    - It would not have been safe to drive the 200+ miles back to the dealership if I wanted to reject it.
    - They refused to arrange for it to be shipped back and refused to cover that cost, which was looking to be £200-300.
    - They wanted to "inspect" it and that would leave me carless until they made a decision and I'd then have to look for another one.
    - Therefore just repairing it and getting on with using it (whilst making it obvious to them that I believed they should pay but they were leaving me limited choice), seemed the easiest and most convenient option and until the wishbone issues were discovered, also the cheapest.

    My contact with the garage has been via SMS. I have asked them for an email address but they kept telling me to just use their online website "form" and it does not give an option to send a copy to my email address and they're just not replying to it anyway.

    Does anyone know where I stand legally? Are dealers allowed to sell cars that would not pass MOT at the time of sale?

    Thanks,
    Joosh
    If its not cheap, find a way to make it cheap.
Page 3
    • Joosh
    • By Joosh 14th Jun 17, 3:36 PM
    • 83 Posts
    • 8 Thanks
    Joosh
    Yes the dealer may be at fault but I fear you are flogging a dead horse here and should move on, you never presented the car for inspection so how are they meant to put it right.
    Originally posted by paddedjohn
    Thanks for the reply, sorry for the delay.

    It wasn't even slightly practical, safe, or cost effective to get it to them for them to inspect it. Instead I got it inspected at more than one 3rd party garage and was communicating with them about the situation the entire time.

    They haven't denied the vehicle had issues. They've merely gone along the line of "who cares? you bought it with a discount", is if to suggest that by haggling a few 100 off the vehicle I was accepting that the vehicle isn't roadworthy and ignoring the fact they'd advertised it at full price in the first place.

    Still in one sided "negotiations" with these idiots with a NBA on the way to them tomorrow.
    If its not cheap, find a way to make it cheap.
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