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

Retrogamer

chrisinsheff8 wrote: »

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?

Unfortunately passing an MOT doesn't always mean a car is suitable for use on the road and vice versa.

dannny_2

mobile number links to http://brightsiderecovery.co.uk/ and http://www.ebay.co.uk/itm/Bmw-m3-e46-convertable-/181207921189?pt=Automobiles_UK&hash=item2a30d57225

OddballJamie

chrisinsheff8 wrote: »

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?

You don't need to be a top mechanic to spot something's not right with that car.

The signs were all in the Ebay listing. If something sounds too good to be true, it probably is.

Also have you done a full HPI check on the car yet? I wouldn't be surprised if it has a hidden history.

chrisinsheff8

Also have you done a full HPI check on the car yet? I wouldn't be surprised if it has a hidden history.[/QUOTE]

yes before it was collected and all clear.

salubrious

motorguy wrote: »

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.

No idea where you are getting your information from, but this is completely wrong and is terrible advice to be passing off as fact.

Vosa cannot revoke an mot or make it invalid.

motorguy

chrisinsheff8 wrote: »

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.

Yes. Absolutely.

You are totally in the right here. You have been sold a pup. No doubt.

You have the right to reject the car. You have the right to a full refund.

Thats the good news.

Now the bad news.

To reject the car you must either hand it back OR put it beyond your own use. ie, you cant 'reject' the car and still use it.

The trader most likely wont want to give you a refund.

You will therefore need to take him to court.

It may take several months to a year to resolve this, during which time you cant use the car.

You may get to court and the trader have no money but volunteer to pay you back £10 a month.

chrisinsheff8 wrote: »

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?

Because any trader who advertises a car as a private sale, even though their history says otherwise, cant produce the service documents and is advertising a car at well below retail price is likely to be selling a pup.

motorguy

salubrious wrote: »

No idea where you are getting your information from, but this is completely wrong and is terrible advice to be passing off as fact.

Vosa cannot revoke an mot or make it invalid.

So VOSA declare the car is unroadworthy, but its ok to continue driving it? Love to see how that would pan out with an insurance company in a subsequent accident.

And just to back that up, taken from another website, relating to similar

"OK Here is now THE DEFINITIVE ANSWER! I just spoke to VOSA on 0300 123 9000 and here is what he said.

"An MOT certificate is valid until the date of expiry. A new test will not invalidate the current MOT certificate. However, the "Fail" test result will show on the DVLA data base along with the "Pass" test result (ie any search on the DVLA data base will show both a pass and a fail result)."

He also raised the following important point!

"The police can access the data base and if while following your car an officer checks the MOT status, he would see a "Fail" and would be likely to pull you over to see if the repairs have been done or if the car is not roadworthy. You might then be prosecuted""

Hoof_Hearted

You probably should have read my rules for buying a car, especially item 5: here.

Retrogamer

motorguy wrote: »

So VOSA declare the car is unroadworthy, but its ok to continue driving it?

No, no one has said that.
You can pass an MOT with a car which isn't legal and / or safe to drive on the road
The MOT will be valid, but the driver could still be prosecuted for using the vehicle on the road with certain defects if the police identified them.

Bald tyres are a safety issue, a legal issue and an MOT issue, but the police don't revoke someone's MOT if they find a bald tyre.

motorguy wrote: »

Love to see how that would pan out with an insurance company in a subsequent accident.

The car would have valid tax, insurance and MOT. The fact it shouldn't have passed it's mot is a null point unless a defective component was what caused the crash. The same way if a car has an MOT, then 6 months later a fault appears on a component. This would mean it wouldn't be safe or legal to drive on the road also, but the MOT is still valid

colino

The car, if it fails its shiny, new, VOSA conducted MOT still has its original MOT, the one first issued still is valid. However with typical VOSA double speak, the MOT wouldn't do you any good if there was a later incident. Check out Q1. http://www.youtube.com/watch?v=EFYwJ14tzMA