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misold dangerous car

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  • maddogb
    maddogb Posts: 473 Forumite
    edited 24 March 2016 at 2:53PM
    bigjl wrote: »
    What action are the Police going to take?

    It sounds more like a civil case.


    Aren't the police responsible for prosecutions under the RTA which has a section on selling unsafe cars?
  • Tilt
    Tilt Posts: 3,599 Forumite
    bigjl wrote: »
    What action are the Police going to take?

    It sounds more like a civil case.

    Sounds to me as if TS have asked them to attend to insure there is no breach of the peace while they go about their business.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • maddogb wrote: »
    Aren't the police responsible for prosecutions under the RTA which has a section on selling unsafe cars?

    The police can and do prosecute RTA offence but so can trading standards and VOSA or whoever they are called now.
  • Herzlos
    Herzlos Posts: 15,879 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Where and when was it MOT'd? If you think it would have failed, then you've got a complaint to VOSA about a fraudulent MOT.

    I'd send a recorded delivery Letter Before Action, give them some time to give you a full refund or your car, then I'd start court action.

    If it was a cheap enough car, I'd be inclined to return it to them (just park it on their yard, keep the keys until they pay you) or leave it somewhere visible from their forecourt with a poster in it saying "Deathtrap - sold by _____" and a list of faults.
  • bigjl
    bigjl Posts: 6,457 Forumite
    maddogb wrote: »
    Aren't the police responsible for prosecutions under the RTA which has a section on selling unsafe cars?

    So what criminal offence would they be investigating?
  • bigjl wrote: »
    So what criminal offence would they be investigating?

    Probably the sale of an unroadworthy vehicle.
  • bigjl
    bigjl Posts: 6,457 Forumite
    Probably the sale of an unroadworthy vehicle.

    Is that criminal or civil?
  • bigjl wrote: »
    Is that criminal or civil?

    Section 75 Road Traffic Act makes it a criminal offence,
  • mrmot
    mrmot Posts: 192 Forumite
    EdGasket wrote: »
    Well there's your fault then. The airbag light must flash for a few seconds and then go out if it is functioning correctly. You'll know for next time.

    A SRS light should do a self check and the extinguish to show that the system is working correctly, however the MOT requirement is somewhat different. For it to pass a MOT is must not be illuminated as to indicate a fault with the SRS system. That bit is fine, however, there is no MOT requirement for it to illuminate at all, so if the light doesn't work or can't be seen then it's good enough for a MOT pass.
  • EdGasket
    EdGasket Posts: 3,503 Forumite
    mrmot wrote: »
    A SRS light should do a self check and the extinguish to show that the system is working correctly, however the MOT requirement is somewhat different. For it to pass a MOT is must not be illuminated as to indicate a fault with the SRS system. That bit is fine, however, there is no MOT requirement for it to illuminate at all, so if the light doesn't work or can't be seen then it's good enough for a MOT pass.

    Yes, the MoT test is flawed because all you have to do with a faulty airbag system to pass the MoT is make sure the light never comes on which could be as simple as removing a fuse!
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