Need help with car dealer lies

joshreade

Hi there

Sorry about the long post but its quite a complicated issue

I bought a used car on the 9th October. I paid in full £2500 (£900 of this was from the a part exchange.

I was told that it had the MOT test to do and that it would be ready by the 13th October at the latest, I was then told that it had failed the MOT on the lambda sensor and the airbag coil I think, and that it wouldn't be ready until the next day. Every time I phoned up they kept delaying it.

At one point I asked for my money back saying I did not want to continue with the sale as it was taking too long (over a week by this point) but they refused saying they don't do refunds.

After complaining again I managed to get the car tax thrown in for free.

I finally picked up the car on the 24th October, the MOT had apparently passed, and the tax was ordered online and would be sent to my address.

The SRS airbag light was on and I was told they were ordering a part for it and would ring me when it was in so they could fit it.

Over a week had gone by and the tax disk hadn't turned up so I rang up yesterday to ask about it. They said they would chase up the order, also the air bag part had yet to turn up (despite them saying it would take a couple of days)

After speaking to them I rang up the DVLA to see if an order had been placed for tax and it hadn't.

My mum then phoned them early today to have a go at them, they told her they would go to the post office to buy a tax disk (they don't know I had rang the DVLA) and they would chase up the air bag part. They said that I would be able to go in today to pick up the tax disk and MOT certificate.

Not wanting to waste a journey I phoned the garage to ask if the tax disk and MOT certificate was ready. I was told the tax disk was ordered online today and the MOT certificate would be ready to pick up tomorrow.

Again I phoned up the DVLA who said no order had been placed for tax, meaning the garage had lied again.

This means I have been driving round for almost 2 weeks without tax, assuming it was on its way to me.

I would rather them just refuse to buy me the tax disk and I would have got one myself instead of them lying and me driving with no tax and risking a fine.

If I was to buy a tax disk now, would I be able to demand they repay me? And if they don't fix the airbag in a reasonable time would I be able to go else where and send the garage the bill? As at the moment I don't even believe that they have ordered one.

Also if I had to go to a small claims court to recover any money I spend what would be my chance of winning? Obviously the garage is 100% in the wrong, also I have recordings of all my phone calls to them, could these be used as evidence as it is proof of them lying to me?

To summarise:
I have NO tax despite them telling me twice they have ordered it
I have no MOT certificate, and no evidence of it even passing an MOT, even though they told me it has.
I am still waiting on the airbag part to arrive at the garage, despite it being ordered nearly two weeks ago.

Apologies for the long post hopefully someone will be able to help me

Many thanks

Captain_Flack.

Airbag light on and it passed the MOT?

Have you checked online about the MOT?

No MOT will be the reason there is no tax. A lesson learnt but you should have paid when you were happy with the car.

joshreade

Hi

Thanks for your reply

They told me the airbag coil or something was replaced to get it through the MOT, and that I just need a part to turn the airbag light off, which is what I'm waiting on now.

I have tried to check the MOT online but it says theres an error when I try to check it with my V5C document and number plate.

The MOT/no tax makes sense. I know I should have waited but I had lost another car I really liked from a different garage because it sold just before I got there, and I was worried about losing this one.

Surely its illegal for them to sell me a car with no MOT?

lincroft1710

joshreade wrote: »

Surely its illegal for them to sell me a car with no MOT?

No. It is against the law for you to drive a car with no current MOT certificate. It is misrepresentation if they sell you a car which they claim has a current MOT, but in fact doesn't.

joshreade

ok

so if I was to buy tax/get an mot would I be able to recover the costs from them?
Even if it meant going through a small claims court?

fivetide

Do you have anything in writing re: tax and MOT?

Retrogamer

They are telling you lies.

If a car passes the MOT with the airbag light on, then the MOT has been bodged.

I suspect they've found out it was too expensive to get the car through the MOT and sold it to you without one. That'll be why they haven't taxed it either, as you can't tax a car without an MOT.
If it had passed the MOT, the certificate would be there, waiting to collect straight away as the MOT certificate would be printed off after it passes, as it's all done on a computer

harveybobbles

Not sure why they would apply online for the VED disc as it wont go to you as DVLA wouldn't know you just bought the car. (if they did do it online, it will go the the current reg'd keeper ie the person they bought the car off, or who ever px'd it in)

VED should have been apllied for in the Post Office.

Do a vehicle check online to see if it is taxed:

https://www.taxdisc.direct.gov.uk/EvlPortalApp/app/enquiry?execution=e1s2

then do an MOT check:

http://motinfo.direct.gov.uk/internet/jsp/ECSID-Internet-Status-Request.jsp

joshreade

fivetide wrote: »

Do you have anything in writing re: tax and MOT?

I only have an invoice, which doesn't state MOT or tax.

I have a screenshot of the advert on their website saying it has 12 months MOT, aswell as a couple of phone recordings where they have said it is the tax is ordered and it has an MOT certificate.

I am not sure of what my next step should be

Joe_Horner

joshreade wrote: »

Hi
Surely its illegal for them to sell me a car with no MOT?

lincroft1710 wrote: »

No. It is against the law for you to drive a car with no current MOT certificate. It is misrepresentation if they sell you a car which they claim has a current MOT, but in fact doesn't.

It IS illegal for them to sell a car that's not roadworthy unless they have good reason to believe it won't be used on the road until the faults are fixed. In this case, they obviously knew you were going to drive it.

Not roadworthy in this context means not conforming to the C&U regs in relation to brakse, steering or structure, or "in a condition that makes injury likely", Personally I'd argue that a faulty airbag system does just that.

Phone VOSA on 0300 123 9000, exolain the situation, and ask if they can confirm the MOT history because it's not showing online. You may even find they didn't even put it in for a test!

Also speak to your local trading standards.

Don't waste time wondering about it, call bot of the above and get the situation on record NOW (well, in the morning anyway).

Also, DON'T drive the car until it's sorted because if you do get pulled for not MOT the fact they told you it had one won't work as a defence - you'll be the one with the fine and the criminal record, not them!

EcoR1

joshreade wrote: »

I only have an invoice, which doesn't state MOT or tax.

I have a screenshot of the advert on their website saying it has 12 months MOT, aswell as a couple of phone recordings where they have said it is the tax is ordered and it has an MOT certificate.

I am not sure of what my next step should be

Not driving the car for a start, it clearly hasn't got an MOT and you won't get one until the airbag light is fixed, plus of course whatever else is wrong with it.

It appears you've been stitched up by a dodgy dealer, the sort that will go to any lengths to avoid doing anything about it.