help! caught with no mot, dealer at fault

Marktheshark

Retrogamer wrote: »

But the dealer has advertised the car incorrectly and thus mis sold it.
The price advertised was to include a full years MOT

You need to separate the two issues .

Mis selling, you may have a claim if you could prove the No MOT made it worth less than advertised price.

Responsibility for Documentation is entirely yours, failing to inspect the documents caused the issue of no MOT and subsequent penalties.

albionrovers

~Linzi~ wrote: »

as people have already stated i was simply following advice from this tread and was just putting an update for the nice people on here who have given me good advice.

my impression was this site was to help people, in my short experience its just a bully site for some and i really don't think that's fare! i wouldn't be on here asking for advice if i knew what to do this may be clear cut to some people but not to me hence why im here so i would appreciate it if people who don't have anything useful to add not to comment at all this as caused me enough stress an upset as it is thanks. people have a right to their own opinion but really!! why do some have to be so rude & nasty towards others.

Because it's the skool holidays. Take no notice.

AdrianC

Marktheshark wrote: »

Mis selling, you may have a claim if you could prove the No MOT made it worth less than advertised price.

It's a complex situation, made more so by the passing of half of the life of the MOT that would have come with the car. At the outside, the dealer clearly owes the cost of an MOT. £55 absolute maximum.

If the car fails a test, though, the question arises of what was a fault at the time of purchase and what's developed since. Given that the car is at least a decade old, and not exactly high value, there's not going to be a lot of expectation for any faults that've developed to be covered by the supplier.

Responsibility for Documentation is entirely yours, failing to inspect the documents caused the issue of no MOT and subsequent penalties.

Absolutely. At the end of the day, it's every driver's legal responsibility to make sure the car they're driving is legal.

It does strike me that this is something that'll be made a bit harder by the non-transferability of tax since October last year (about 6mo now) - since there has to be at least some MOT to buy tax. It sounds as if the previous test expired around the time of purchase, so that might have worked here.

OP - this thread started over the Easter bank holiday. On Tuesday, you said you'd spoken to the dealer. Today, you've said that the dealer's now avoiding your calls. None of this affects the basic problem here - your car has no MOT. Please can you confirm that you aren't driving it, and that you've at least booked it in for a test somewhere? If it does come to court, an avoidable delay between getting nicked and getting the car tested will not look good for you, especially if you then get another tug.

Frankly, I'd be giving up on the dealer about now. Their idea of customer service is clearly not getting you anywhere. Just get it tested, and chalk it up to experience.

robbies_gal

i for one appreciate the updates linzi so please ignore any ignorant remarks

i hope u do get some compensation the dealer sounds shoddy

arcon5

Marktheshark wrote: »

The loss due to no MOT is down to the Keeper by legalisation, I can not see a county court entertaining that part of a claim when a quick check of documents could have realised the car had no MOT.

A Penalty is a punishment not a loss, it is for breaking the legalisation and not recoverable as a loss.
The dealer is morally wrong, yes, but the OP had a legal duty to check they had the correct documents and requirements to drive the car.

Is it nonetheless a consequence of the dealer breaching the contract.

Yes a quick check was all it took - shame on the dealer for not bothering.

Send a letter and/or email op - stating you have tried phoning him multiple times and been hung up on, so contact you within 48hours to arrange to rectify this before you sort it yourself and seek full reimbursement via the courts.
If not reply, do just that, send a letter before action with copies of all payments you made and give 14 days to pay you before you take it further.

arcon5

Absolutely. At the end of the day, it's every driver's legal responsibility to make sure the car they're driving is legal.

And it's also reasonable that the public might take what a professional has told them in good faith. If a mechanic tells you your car is safe it's reasonable to believe him where you are no expert, if a dealer tells you your car has been made legally compliant then it's reasonable to presume it is.
The dealer has clearly been negligent in his duties and deserves to pay for it.

Johno100

Marktheshark wrote: »

You need to separate the two issues .

Mis selling, you may have a claim if you could prove the No MOT made it worth less than advertised price.

Responsibility for Documentation is entirely yours, failing to inspect the documents caused the issue of no MOT and subsequent penalties.

But the dealers mistake in MOT'ing the wrong car has resulted in a consequential loss being suffered by the OP. There is no reason that shouldn't be recoverable by the OP.

And lets get this straight, do you think the dealer should or shouldn't do the right thing and pay the OP's fine?

bod1467

Quentin wrote: »

You so quick to go into bully mode.


In fact the OP was advised to go to the consumers rights board by a poster (trying to help - how does your contribution help?) in an answer given here! (#23)

Oh what a surprise - Quentin jumps on one of my posts.

bod1467

~Linzi~ wrote: »

as people have already stated i was simply following advice from this tread and was just putting an update for the nice people on here who have given me good advice.

my impression was this site was to help people, in my short experience its just a bully site for some and i really don't think that's fare! i wouldn't be on here asking for advice if i knew what to do this may be clear cut to some people but not to me hence why im here so i would appreciate it if people who don't have anything useful to add not to comment at all this as caused me enough stress an upset as it is thanks. people have a right to their own opinion but really!! why do some have to be so rude & nasty towards others.

Sheesh!

Did you even read my post in your other thread? You know - the one where I acknowledged that your other thread was started BEFORE the consumer rights info was provided in this thread? (Hence WHY it was started).

Being nice doesn't JUST apply to newbies you know - it works both ways.

AdrianC

arcon5 wrote: »

And it's also reasonable that the public might take what a professional has told them in good faith. If a mechanic tells you your car is safe it's reasonable to believe him where you are no expert, if a dealer tells you your car has been made legally compliant then it's reasonable to presume it is.

It is reasonable to expect the paperwork to be checked for basic human error - that it is the right paperwork, pertaining to the correct vehicle. When the MOT certificate you get handed with the paperwork has a different marque and registration on it, that is an error that it is reasonable to expect will be noticed.

The dealer has clearly been negligent in his duties and deserves to pay for it.

Indeed. And the dealer's liability is to rectify that error. Which, six months later, means half of the cost of an MOT test. Less than £30.