Faulty used car - collected 5 hours ago!!

nifferwilko

Hi everyone,

Sorry in advance if this turns into a bit of a rant. I'm trying to keep myself detached and logical about this, but grrr!

I have just bought a used car from a dealer. Went last week to see it & pay, then went this weekend to collect it, as they were doing an MOT with the sale, so it would come with 12 months MOT.

Collected it today, and my mam drove it back (as I've not passed yet!) and she thought the power steering felt heavy. On looking in the documents, there was no service history there, so we couldn't work out when it was last serviced. So we decided to go straight to our wonderful mechanic (who is fantastic!) to get it booked in for a service, just to be on the safe side.

Anyhows, Brian the mechanic took one look under the bonnet, and said it was a pile of poo. He said that they have took out the power steering pump, and he mentioned something about the fan belt (?!) but said it wouldn't pass an MOT because of a power steering fault, and clearly hadn't been anything there (whatever bit was missing) for a while. He then called another mechanic over to take a look (who spends all day doing MOTs) and he agreed. Another customer also took a look, and the conclusion was it wouldn't pass an MOT. However.....I have an MOT certificate issued that said this car passed an MOT on Wednesday - 3 days ago!!!!

It's going to cost £500 at least to put right, which is not worth it for a car that cost £1k. I believe I have a very strong case under the sale of goods act as it isn't 'Sad fart'-ed. I should, if my memory serves me right, expect the car to pass an MOT test when I bought it - and on the same day of purchase I have another garage telling me it wouldn't at all.

I've paid £1k for a car that has essentially had a dodgy MOT issued. Don't worry, I paid by credit card. (more grrrrs )

So, what should my steps be. I will certainly be ringing the department of transport on Monday to report the garage that issued the MOT, as they are passing cars that are unsafe and putting people's lives at risk.

How should I get my money back? I'm going to ring the dealer and tell them I want a full refund - but what should I do if they say no. Also, should I be informing trading standards about this dealer (as my gut is telling me they have an 'agreement' with the MOT garage). And being that I'm also covered by Section 75, when should I be speaking to the credit card company.

Any help is greatly appreciated. When Brian was telling me all this, my first thought was 'I'll go on the forums and ask the lovely people there.' As I know not a lot about cars. It's all dutch to me!

whitewing

Phone Consumer Direct - they will tell you exactly what to do:

http://www.consumerdirect.gov.uk/

nifferwilko

Thank you whitewing. I was going to phone trading standards on Monday, but consumer direct would be a good start.

I roughly know what I'm going to do (thanks to this wonderful site) but I just wanted to pick other moneysavers brains in preparation for the onslaught that will be Monday....

DVardysShadow

nifferwilko wrote: »

So, what should my steps be. I will certainly be ringing the department of transport on Monday to report the garage that issued the MOT, as they are passing cars that are unsafe and putting people's lives at risk.

Hmm. I would hold off and speak to the seller first, leaving the certificate at home. Ask them leading questions, like has this car really passed an MOT with faults XYZ. If they say yes, then say "Well it would be no problem for us to take it to the DoT and get them to take a look". And position yourself to get a refund.

The dob them in with either the certificate, or a copy you made and kept at home earlier.

KeithP

Yes, probably a good idea to try and get your money back before reporting them or the MOT garage.

Once you have your refund, it becomes much easier.

nifferwilko

So ring the dealer first, ask for my money back then go into the full-on reporting them to everyone?

I shouldn't jump to conclusions, as the dealer may have no idea whatsoever that the garage is passing cars on their MOT when they shouldn't, but you know when something just feels slightly dodgy?

Wish us luck with the car we're getting tomorrow (from a completely different dealer) for my sister - hopefully we'll not get stranded in the middle of the motorway with that one

pendulum

http://www.direct.gov.uk/en/Motoring/OwningAVehicle/Mot/DG_4022113

What to do if you think your car has passed incorrectly
These cases usually relate to recently bought vehicles and you should let VOSA know as soon as possible.

Subject to acceptance of the complaint, VOSA will offer an appointment within five working days to recheck your vehicle without charge, provided:

• no more than three months has passed since the MOT test for a corrosion related problem
• no more than 28 days has passed with other defects

The address of your local VOSA office is displayed in the MOT test station or can be obtained from VOSA on 0300 123 9000.
VOSA provide this service as a means of monitoring the MOT Scheme and road safety standards. VOSA can’t seek redress or compensation on your behalf – although it’s open to you to take action in conjunction with your local Trading Standards department, take out proceedings personally, or refer the matter to the Police.

dreamypuma

whitewing wrote: »

Phone Consumer Direct - they will tell you exactly what to do:

http://www.consumerdirect.gov.uk/

Someone, please make this a sticky. We can now close down the forum.

mr.savage

Get Brian the mechanic to m.o.t the car first thing on monday.
Keep the failure sheet, Inform the dealer what you have done and what the car failed on.
Ask for a refund. plus cost of M.O.T

nifferwilko

lol @ dreamypuma.

mr.savage, I didn't think of doing that. I don't think I'll do that straight away (I'll see how awkward they are when I speak to them first) but that is definately a good plan of action. Thank you

cyberbob

did you not look at the service history before you handed over any money?:eek: