Used Car - fraudulent MOT?

Possum23

Hi guys,


I’m wondering if anyone could advise me on my current situation regarding a used vehicle which I purchased in July of this year from a used car dealership.


Since acquiring the vehicle earlier this year, I have been forced to pay out on repairs and have been quoted substantial amounts for work yet to be carried out. I am aware that I cannot claim fair wear and tear, but one problem is regarding a fault which I noticed within the first week of purchase and a possible fraudulent MOT.


The deal we agreed at purchase was: Car + MOT (including repairs ensuring that it would pass) for £1200. He said that he would use one of his guys to carry out the MOT at a garage nearby and that I could pick it up the following day. The first night with the vehicle and I did have some concerns as I noticed the following issues:


Front Nearside Headlamp – Not Working
Front Nearside Sidelight – Not Working
Fron't Offiside Foglamp - Not Working

Registration Illumination Bulbs – Not Working


Understanding that MOT stations have a certain amount of descretion when it comes to MOTs, I just replaced the bulbs. However, I recently took my vehicle in for a full service and was handed a report which detailed a couple of Reds/Urgent issues. The main one is concerning the rear wheel cylinders:


Service Report and Info:
BRAKES
Rear Wheel Cyclinders x2

• Both rear brake cylinders leaking.

I’ve been informed that this is an MOT failure: 3.6.A.1


I’ve tried contacting the trader via letter, email and phone and I have failed to receive any response except for an extremely brief email. Please read below:


To whom it may concern,
We are NOT (company name)
Thank you.


I accessed their email address via their website, the issue is that they are the same company operating under a new name, and at no point did they inform or correct me of this, so I feel as if they are purposely deceiving me.



The fault is regarding the indicator stalk/comm 2000 unit as when I signal either left or right the headlamps often come on cutting out the indicator.



I am really concerned about the MOT certificate as I may be using an un-roadworthy vehicle, and I cannot help but wonder whether the car was merely passed in order to complete the sale. I must admit, this dealer now seems very shady and I don’t know what to do.


Could I make a claim under the Sale of Goods Act 1979? Can I have them for selling me a vehicle with a fraudulent MOT?


Any help would be greatly appreciated.


Thanks

earthstorm

How long have you had the car before you took it in for a service and this was noticed.

However, I recently took my vehicle in for a full service and was handed a report which detailed a couple of Reds/Urgent issues. The main one is concerning the rear wheel cylinders:

Service Report and Info:
BRAKES
Rear Wheel Cyclinders x2

• Both rear brake cylinders leaking.

I’ve been informed that this is an MOT failure: 3.6.A.1

Possum23

2.5 - 3 months.

earthstorm

Possum23 wrote: »

2.5 - 3 months.

then cant see it anything to do with the MOT after 2.5 /3 months as anything could have damaged the brake cylinders in that time

Possum23

But it could have been before, and there was the issue of the lighting and that. Then what about their email trying to state that they are not the same company?

Possum23

So if I was to calculate everything I've paid and what I've been quoted, it ammounts to: £955.00 almost what I paid for the car itself.

marliepanda

Possum23 wrote: »

But it could have been before, and there was the issue of the lighting and that. Then what about their email trying to state that they are not the same company?

But it could not have. The lights issue you should have brought up at the time. An MOT only states the car is roadworthy on the day of the test, not that it will remain roadworthy for the year after that.

bris

MOT is only for the car in the condition on the day, once it goes out that testing station anything can happen.

For £1200 I am going to assume you purched and older car which, with a bit of bad luck thrown in, anything can happen.

You will never prove a dodgy MOT now, but trading standards may have them on their radar already, make a complaint anyway with your concerns.

Possum23

Yea, but if its red, then surely that indicates that it has been there for sometime.

earthstorm

Possum23 wrote: »

But it could have been before, and there was the issue of the lighting and that. Then what about their email trying to state that they are not the same company?

highlighted your point, their is no way to know.

you could get an MOT done and the car pass and then take it out of the garage and the lights fail. The car still passed a valid MOT at the time it was taken.

The first night with the vehicle and I did have some concerns as I noticed the following issues:


Front Nearside Headlamp – Not Working
Front Nearside Sidelight – Not Working
Fron't Offiside Foglamp - Not Working

Registration Illumination Bulbs – Not Working

I would have returned the car for a refund or repair

Possum23

Oh just so you know, I did try and contact the trader in the first week after purchase, but they clearly not interested as they have failed to reply except for that brief email. So I have already brought it up.