Where do I stand?

bazster

If you mean, can you repudiate the contract and get your money back, no you can't. They are entitled to a chance to put right their error so I think you'd be fine asking them to MOT it, or at least pay for an MOT.

bazster

ChumLee wrote: »

You can ask them to buy the car back from you but you won't get a full refund.

He's had the car seven months, he can't repudiate the contract now. He can ask them to buy it back but they can refuse, it'd be no different to offering it to any other dealer.

They can simply remedy their error, which would mean doing an MOT, or paying for it.

umarnazar

bazster wrote: »

He's had the car seven months, he can't repudiate the contract now. He can ask them to buy it back but they can refuse, it'd be no different to offering it to any other dealer.

They can simply remedy their error, which would mean doing an MOT, or paying for it.

But doesn't it come into MISLED as I was misled by the wrong MOT date on the original purchase, hence the breach in contract.

ChumLee

bazster wrote: »

He's had the car seven months, he can't repudiate the contract now. He can ask them to buy it back but they can refuse, it'd be no different to offering it to any other dealer.

They can simply remedy their error, which would mean doing an MOT, or paying for it.

No one has said he could.

bazster

umarnazar wrote: »

But doesn't it come into MISLED as I was misled by the wrong MOT date on the original purchase, hence the breach in contract.

The remedy for breach of contract is to put the injured party back in the position he would've been in had the contract not been breached, which in your case means a car which doesn't need an MOT test until December - which they can achieve by MOT'ing it now.

I smell buyer's remorse i.e. you regret your purchase and you are looking for an excuse to undo it. Not gonna happen over this simple error I'm afraid.

I'm betting that the dealer you tried to sell it to has offered you a lot less than you paid for it.

agrinnall

An MOT is due 3 years after the date of first registration, which is clearly shown on your V5C. It's your responsibility to know when it is due and get it done. The fact that it's a 61 plate means that the latest possible date that a MOT would have been required is February 2015.

Surely everyone knows not to trust anything said by estate agents or car salesmen?

interstellaflyer

bazster wrote: »

As for the MOT, so they made a mistake. As I said, what do you want from them? I suppose you could ask them to MOT it F.O.C.

I would say that selling a car with supposedly 12 months MOT on then the OP finding out 7 months later that he'd been driving round for 5 months with no MOT which is an offence, personally, I'd expect any approved used car no matter what brand to be a cut above what you'd find on a normal forecourt, plus, it's not the sort of mistake I'd expect from a 'premium' badge dealer.

umarnazar

agrinnall wrote: »

An MOT is due 3 years after the date of first registration, which is clearly shown on your V5C. It's your responsibility to know when it is due and get it done. The fact that it's a 61 plate means that the latest possible date that a MOT would have been required is February 2015.

Surely everyone knows not to trust anything said by estate agents or car salesmen?

everyone is not street smart, I would believe what a well reputed company would show me on the papers.

umarnazar

interstellaflyer wrote: »

I would say that selling a car with supposedly 12 months MOT on then the OP finding out 7 months later that he'd been driving round for 5 months with no MOT which is an offence, personally, I'd expect any approved used car no matter what brand to be a cut above what you'd find on a normal forecourt, plus, it's not the sort of mistake I'd expect from a 'premium' badge dealer.

Thank you for the support, that is what I am trying to imply that you have to bear in mind I have been driving this car illegally on the road unknowingly as it was not my fault to start with.

bazster

interstellaflyer wrote: »

I would say that selling a car with supposedly 12 months MOT on then the OP finding out 7 months later that he'd been driving round for 5 months with no MOT which is an offence, personally, I'd expect any approved used car no matter what brand to be a cut above what you'd find on a normal forecourt, plus, it's not the sort of mistake I'd expect from a 'premium' badge dealer.

They didn't sell it supposedly with 12 months' MOT, they sold it on the basis that it didn't need it's first MOT for another 12 months. If the OP knew when the car was registered it should've been pretty bleedin' obvious that this was a mistake!

Anyhow, a mistake happened, it shouldn't have, so what's the remedy? He's wasting his time if he thinks he's going to return the car and get his money back.