new 2'nd hand car falsified mot car not road worthy!!??

chrisinsheff8

spacey2012 wrote: »

VOSA will test ANY vehicle presented to one of their testing stations.
If they find anything they don't like, they will issue a Vehicle prohibition notice and you will need a trailer to remove it.
Will it get you your money back = NO
Will it cost you lots of money = Yes

This is your car, you bought it second hand caveat emptor Buyer beware.
The previous owner in a private sale has no responsibility to repair or maintain your car in any way shape or form.

This is money saving advice, if you want to throw good money after bad, the VOSA number is in the phone book.

I take it you have gone down this route several times?

Mrs_Imp

My car was 'repaired' and MOTd by a dodgy garage and issued with a pass when it should've been a fail. I had it retested by VOSA. They stamped the test sheet with a big red 'This car is too dangerous to drive'.

I was able to use this to sue the garage for the money I paid for the 'repairs' and MOT, and claim back my costs etc.

The garage was investigated by VOSA, and hopefully prevented from issuing any more dodgy MOTs

Was it hassle? I won't lie, yes it was a bit.
Was it worth it? Yes it was. I got my money back, got my car repaired, and I admit it, I got some satisfaction from knowing I caused the garage some hassle and grief from VOSA!!

chrisinsheff8

Mrs_Imp wrote: »

My car was 'repaired' and MOTd by a dodgy garage and issued with a pass when it should've been a fail. I had it retested by VOSA. They stamped the test sheet with a big red 'This car is too dangerous to drive'.

I was able to use this to sue the garage for the money I paid for the 'repairs' and MOT, and claim back my costs etc.

The garage was investigated by VOSA, and hopefully prevented from issuing any more dodgy MOTs

Was it hassle? I won't lie, yes it was a bit.
Was it worth it? Yes it was. I got my money back, got my car repaired, and I admit it, I got some satisfaction from knowing I caused the garage some hassle and grief from VOSA!!

Excellent thank you my ideal end result

salubrious

chrisinsheff8 wrote: »

vosa have said they will test it for free. I know i'm just dreaming but would be nice if the car was repaired to an mot standard by the offending garage.

It doesn't work like that unfortunately - If vosa think it should have failed then they will discipline the garage directly, without ay further involvement from you.

The ABS light and ESC light are certain failures but as has already been pointed out, vosa cannot prove they where on at original test, so discipline is unlikely there.

The exhaust would have to be a 'major' leak to be a fail, and usually when this is the case the emissions are affected, specifically the lambda reading.

The steering is possibly a failure, but you've been very vague in what the steering is actually doing. An angle sensor issue is in itself not part of the test, but it could relate to your ESC/ABS issues.

The rest of the faults are not mot related - Advisories are purely the opinion of the tester, and there is no requirement by vosa on testers to use them

Ironically your pass will still be perfectly valid regardless of what vosa find, but there will now be documented proof that you're driving un roadworthy car if they fail it.

Sometimes it is worth visiting the garage in question before jumping into an appeal situation, but it's too late now.

Good luck with it all

OddballJamie

chrisinsheff8 wrote: »

OddballJamie wrote: »

£1700 for a 2004 A3 from a seller with bad feedback on a previous vehicle sale and you are expecting it to be fault free?

He even mentioned the power steering sensor fault in the listing and I see no mention of a recent major service.

Alarms bells would have been ringing if it was me.


who mentioned a price? 1 bad feedback and to buy a death trap that your family will be traveling in? trading standards are already on the case. This is getting took as far as it can possibly go.

The price is on Ebay when you do a search of completed listings.
http://www.ebay.co.uk/sch/i.html?_from=R40&_nkw=AUDI+A3+2.0+FSI+SPORT+EXCLUSIVE+FULLY+SPECKED+FULL+MOT+REDUCED+!!!!!&_in_kw=1&_ex_kw=&_sacat=0&_okw=&_oexkw=&_adv=1&LH_Complete=1&_udlo=&_udhi=&_samilow=&_samihi=&_sadis=200&_fpos=&LH_SALE_CURRENCY=0&_sop=12&_dmd=1&_ipg=50

Yes 1 bad feedback on a £7000 item, which happens to be the last item he sold out of 5.

You bought the car at £1000 below trade price from a seller who claims they spent £500 recently on the car but couldn't afford £100 to finish it.

You've walked into this with your eyes closed and bought a pup. It was cheap for a reason. Caveat emptor.

OddballJamie

It would also have helped if you had been more forthcoming from the start.
Two of the faults you mentioned you can clearly see from the advert (ABS light is on the photo, steering sensor is mentioned in the description) and the full recent service isn't even mentioned.

chrisinsheff8

this was told to my other half when she went to pick up said it was done when the timing belt was replaced. And yes power steering is mentioned but these should have been fails on the mot if you search his mobile numbers in google he trades cars and bikes and has done for a while. the log book just has the traders part missing so trader? and the trade plates? the point is this should have an mot and the car was advertised as new timing belt and full service history and 12 months mot. and this from a trader. So eyes open yes but he is a con man with an mot center under his greasy thumb so trading standards and vosa is the way.

motorguy

chrisinsheff8 wrote: »

who mentioned a price? 1 bad feedback and to buy a death trap that your family will be traveling in? trading standards are already on the case. This is getting took as far as it can possibly go.

WHY do people insist on not checking the detail until AFTER they've bought the car???????

Heres how it will pan out.

VOSA will probably declare your car unroadworthy and revoke the MOT. You will then have a car you cant drive as it has no MOT.

Trading Standards may well pursue the trader in question for wrongdoing, but they are not pursuing them on YOUR behalf and will not undertake to resolve YOUR situation. That is not their remit.

So now that you're just about to have a car that you can no longer drive and YOU will have to deal with the motor trader.

You will need to reject the car, which means either returning it or putting it beyond use and asking him for a refund.

IF you're very lucky, the sudden bop on the nose of you mentioning VOSA and trading standards *might* make him actually do something, but chances are he'll give you the runaround and you could end up having to take him to court and that could take months or years.

Sorry, but buying a car is about doing your diligence BEFORE you buy, not waiting until after and trying to dig your way back out.

spacey2012

motorguy wrote: »

WHY do people insist on not checking the detail until AFTER they've bought the car???????

Heres how it will pan out.

VOSA will probably declare your car unroadworthy and revoke the MOT. You will then have a car you cant drive as it has no MOT.

Trading Standards may well pursue the trader in question for wrongdoing, but they are not pursuing them on YOUR behalf and will not undertake to resolve YOUR situation. That is not their remit.

So now that you're just about to have a car that you can no longer drive and YOU will have to deal with the motor trader.

You will need to reject the car, which means either returning it or putting it beyond use and asking him for a refund.

IF you're very lucky, the sudden bop on the nose of you mentioning VOSA and trading standards *might* make him actually do something, but chances are he'll give you the runaround and you could end up having to take him to court and that could take months or years.

Sorry, but buying a car is about doing your diligence BEFORE you buy, not waiting until after and trying to dig your way back out.

Just about spot on, VOSA are not a consumer dispute solution service.
They either say the car is fit to pass an MOT or it is not and you get a VOR prohibition notice and you need a trailer and a garage to get ot back to the situation it was before you went in.

Vosa will also be on the car like a rash with a list as long as your arm.
Buying any car you have not seen, is absolute stupidity.

chrisinsheff8

If i was to pursue with a court action against a trader and the car is unfit and the mot is wrong then would this not strengthen my case and give me the best possible chance (if only small) of getting my money back for the original purchase? Or should i hide under a rock for not mobilizing the countries top mechanics to give a second hand car a once over before i buy it.

And as for absolute stupidity why would i not believe a car to be road worthy when it has 12 months mot just that week put on it?