huge problem pleaSE need some help

Wig

cheekyherb wrote: »

I got to agree with Rod Hog, if this bloke has ripped you off why would you even consider taking it back to him to get fixed? Firstly, I would contact Auto Trader and report him, if he is a trader than he has to repair the car under the trade descriptions act, not at his garage but at a garage of your choice - he can fork out for it tho!. He has to provide the car in the state he quoted in his advert (my father is a motor trader). Go back to this bloke and tell him you want it repaired, for free to the standard as listed in his advert. Then i would also report him to trading standards...

WHY oh why did you not take someone with you to look at the car initially??
You would be such a fool to take it back to him. Once burnt and all that!

This is mostly true, but if he refuses to repair free of charge -as he is doing- (actually if this was the case he would be required to refund the purchase price if that was what the customer wanted - you also certainly have no right to choose the repairing garage) your only option is to take him to court and persuade the court the car was not as described at the time of purchase. You tell me how you would do this..... Trading Standards and Auto Trader would not want to know, the only person that can decide liability is a judge in a court.

anewman

Wig wrote: »

the only person that can decide liability is a judge in a court.

Would an expert's report count for nothing in this instance?

Wig

AFAICS the only evidence so far referred to is a mechanics opinion, put to paper. The trader could equally get an opinion even a more informed opinion that the fail could have occured at any point after sale. The best form of report from OP would be an auto engineers report which would cost £100 plus all the costs of dismantling and inspecting the engine.

Ultimately OP says one thing and has 'experts' opinions to back her up, trader will say the oposite and have 'expert' opinion to back him up. The person who will have to make a descision as to the truth will be the judge.

astraea

but would i not have anything safeguardng me with the fact he said he would give me reciepts from the garage for all work done including skimming pressure testing etc.

is it worth reporting him to autotrader?

surely they cant do anything?

Keith

Wig wrote: »

With no MOT and OR VED:
From home to a place of repair = illegal
From home to a place of repair for to get ready for an MOT = illegal
From home to an MOT appt = legal
From an MOT appointment to home = legal
From an MOT appt to a place of repair (by prior arrangement) = legal
From a place of repair to home = illegal
From a place of repair (following MOT repairs) to home = illegal
From a place of repair to an MOT appt = legal

DirectGov wrote:

taking it to or bringing it away from a place where, by previous arrangement, repairs are to be made or have been made to fix the problems that caused the vehicle to fail its test

I read that as you can drive to a place of repair and home again without an MOT as long as it's booked ion

astraea

hi
further update spoke autotrader who said he has advertised a lot of cars in the last 12 months and he is definately classed as a trader no matter what he says, they advised me to conact trading standards etc, but that there were no guarantees i would win, but he would get investigated etc.

so i rang the man back told him i did not want the car to go to york that i wanted it done here and i wanted more than the hundred pounds he was offering, explained about autotrader also threatened him with the tax man, he then offered me £175 half of the £350 we had been quoted, i said not good enough in the end i got him to send me a cheque for £200

not fantastic not the whole amount that i wanted, but at the end of the day if i drag it through courts ive no guarentee of winning anything, i really love the car, apart from the head gaket it is a lovely car and has just had new brakes and exhaust etc for mot, i want to keep the car!! and not have it sat on my drive for months aiting to be sorted out.

i rang the mechanic wo looked at the car last night and he agreed to do the job including skimming pressure testing, new cam belt etc for no more than £350. (he said he would charge me no more than 350)

he can come and strip it down on sunday get it skimmed and sorted on monday!

so it is still gonna cost me 150 but i will know the job is done properly, and i will have my car back!

do you think i did te right thing by accepting £200????

anewman

astraea wrote: »

do you think i did te right thing by accepting £200????

Guess it's better than nothing. Hopefully there's no more hidden surprises.

Wig

The exemption from MOT cert reads as follows

(2) Pursuant to section 44(6) the Secretary of State hereby exempts from
section 44(1) for use of a vehicle—
(a)
(i) for the purpose of submitting it by previous arrangement for, or
bringing it away from, an
examination, or
(ii) <snipped irrelevant>
(iii) where a test certificate is refused on an examination—

(A) for the purpose of delivering it by previous arrangement at, or bringing
it away from, a place where work is to be or has been done on it to remedy for a
further examination the defects on the ground of which the test
certificate was refused; or

(B) for the purpose of delivering it, by towing it, to a place where the
vehicle is to be broken up

The exemptions from VED are as follows

(1) A vehicle is an exempt vehicle when it is being used solely for the purpose of— (a) submitting it (by previous arrangement for a specified time on a specified date) for a compulsory test [ a vehicle identity check] [ a vehicle weight test or a reduced pollution test], or

(b) bringing it away from [any such test] [ or check].



(1A) A vehicle is an exempt vehicle when it is being used solely for the purpose of— (a) taking it (by previous arrangement for a specified time on a specified date) for a relevant re-examination, or

(b) bringing it away from such a re-examination.


<snip irrelevant stuff>

(3) Where the relevant certificate is refused on a compulsory test or a reduced pollution test, of a vehicle or as a result of a relevant re-examination, the vehicle is an exempt vehicle when it is being used solely for the purpose of— (a) delivering it (by previous arrangement for a specified time on a specified date) at a place where relevant work is to be done on it, or

(b) bringing it away from a place where relevant work has been done on it.

Anyone else think that (1A) is superflous?

Anyways, I think you're right Keith, neither (A) nor (3) make any reference to the need to be coming or going to/from an MOT appt, but nonetheless must be for the purpose of repairs relevant to an MOT fail.

None of which allows for a car to be towed in general untaxed and/or un MOT for any old purpose, so our OP would be illegal if they had no tax but they do have tax and MOT so they will be fine anyway.

So I revise my earlier list as follows

With no MOT and OR VED:
From home to a place of repair generally = illegal
From home to a place of repair (by prior appt) for failure items on an MOT fail = legal
From home to an MOT appt = legal
From an MOT appointment to home = legal
From an MOT appt to a place of repair (by prior arrangement) = legal
From a place of repair generally to home = illegal
From a place of repair (following MOT repairs) to home = legal
From a place of repair to an MOT appt = legal
From A to B in general = illegal

Wig

astraea wrote: »

hi
further update spoke autotrader who said he has advertised a lot of cars in the last 12 months and he is definately classed as a trader no matter what he says, they advised me to conact trading standards etc, but that there were no guarantees i would win, but he would get investigated etc.

so i rang the man back told him i did not want the car to go to york that i wanted it done here and i wanted more than the hundred pounds he was offering, explained about autotrader also threatened him with the tax man, he then offered me £175 half of the £350 we had been quoted, i said not good enough in the end i got him to send me a cheque for £200

not fantastic not the whole amount that i wanted, but at the end of the day if i drag it through courts ive no guarentee of winning anything, i really love the car, apart from the head gaket it is a lovely car and has just had new brakes and exhaust etc for mot, i want to keep the car!! and not have it sat on my drive for months aiting to be sorted out.

i rang the mechanic wo looked at the car last night and he agreed to do the job including skimming pressure testing, new cam belt etc for no more than £350. (he said he would charge me no more than 350)

he can come and strip it down on sunday get it skimmed and sorted on monday!

so it is still gonna cost me 150 but i will know the job is done properly, and i will have my car back!

do you think i did te right thing by accepting £200????

If you really are sure you want to keep the car, you did the right thing. But there could be more hidden damage from the fact it has had a faulty gasket probably a long time. I would have pushed for a refund.

Keith

Wig wrote: »

Anyone else think that (1A) is superflous?

Anyways, I think you're right Keith, neither (A) nor (3) make any reference to the need to be coming or going to/from an MOT appt, but nonetheless must be for the purpose of repairs relevant to an MOT fail.

Thats the way I see it, my car currently has no MOT, I understand it as above. If I book it in somewhere for work to be carried out, then I can drive their legally, and then legally drive home.

If I drive to the local shop for a pint of milk after having the vehicle repaired, then I'm breaking the law.