Rejecting a car purchased from dealer.

Joe_Horner

Bedsit_Bob wrote: »

It's going to be close, for the challenge to the MOT.

VOSA will only recheck the vehicle, within 3 months of the MOT test.

If they've accepted a request within that time (which it seems they have) then it's not too critical if the re-test itself is a week or two "late".

Besides, even if they decide they can't take direct action in this case (assuming they find grounds for suspicion), it puts the dealer / test station firmly on their radar for future surprise visits.

So it may help the OP but will help future customers if the dealer's behaving badly. Who knows? If some previous customer had followed something through then perhaps the OP wouldn't be in this situation now!

Dafne

As said, VOSA have agreed to inspect it, which i'd imagine they'd have refused to do if it was an issue. Just waiting to get the car collected as it won't be driven, and will go from there.

Dafne

VOSA are inspecting the car on Monday, so we'll see a bit more then. I've had a bit more information from the specialist dealing with it, who has found a few other bits that would be an MOT failure, such as excessive play in the balljoints, exhaust rubbers missing etc.

Joe_Horner

Any word on the inspection?

Dafne

I did post earlier, but I was having connection problems and so my post has disappeared into the internet somewhere, haha

Anyway, the MOT tester turned up at the inspection, as did an ex MOT tester. So sign of any solicitor.

The VOSA chap ran through the MOT and as suspected, it failed on the rear passenger side crack, due it it being within 30cm of a structural point. He said that it was due to a stress fracture, not corrosion however, and so if it had been within 28 days of the test, he would have been addressing this issue with the testing station. He did say that it should have been picked up at the MOT, and that it was definitely like that two months ago. He also added that although the front drivers side crack was also a failure, you couldn't see it without removing plastic panels and so it wouldn't have necessarily been caught at the MOT. However, I showed him the photos and the video that the BMW specialist provided me with, to which he stated that it was dangerous as it was. He said that he came close to prohibiting the use of the vehicle, but allowed me to move it the short distance home, where its currently staying. He is providing me with a statement accordingly, to say that it is dangerous as is and would have been like it when it was MOT.

There were a few advisories, which had already been picked up by the specialist, but again, as they were not picked up within the 28 days, wasn't much that could be done.

I'm hoping that this will encourage the garage to get a move on, but won't get my hopes up just yet.

Joe_Horner

That's a good result.

Having a report from VOSA confirming that it would have been like that at the time of sale puts the dealer in the position of selling a (dangerously) unroadworthy vehicle, which is a criminal offence under the RTA.

The fact that he can't directly act against the dealer's testing facility because of the 28 days doesn't really matter because they'll now be firmly on VOSA's radar for spot checks and mystery shopping trips.

Once you get the report, assuming the dealer still doesn't want to play ball, the next stop should be Trading Standards because you were sold a car that was not only unroadworthy, but dangerously so, at the time of sale.

In fact, even if he does play ball, letting TS know after it's sorted would be in everyones interest for the future!

colino

OP have you decided what result you want? Fundamentally it is a great car and people not used to the marque will get caught out by this inherent fault. I'd go as far to say that it is an exception to see it repaired properly and there are hundreds of them around that gleefully pass their annual MOT with otherwise reputable testers. There's no doubt that with VOSA involved the trader will have that car fixed, but do you want to be the owner, they've hardly indicated they'll be diligent with anything else needing done.

Dafne

In all honesty, i'd be happy with any result that doesn't leave me massively out of pocket.

However, this saga hasn't put me completely off the car. If I could get it repaired correctly as it should have been, along with the other little bits that should have been done, then i'm happy enough to keep the car. I don't want them to repair it though, it will only be repaired by a BMW or approved bodyshop, as that's the only way i'm going to get any sort of guarantee that it won't happen again in 12 months time.

If they want to take it back however, then so be it.

I'm going to give the dealer until this Friday as I told them previously in the last letter that I sent them. I'm hoping by then that i'll have the VOSA report in writing, and I can contact Trading Standards and my solicitors at the same time, to make sure I haven't missed anything before sending the 'letter before action'

I'll then give them the 14 days, and will see what happens. Not having a car is massively inconvenient though!

photome

Great to see a buyer going all the way, most people give up

photome

Any updates