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Bought a car with a false MOT?!

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Hi All

I bought a second hand car almost a year ago from a well known Car dealer, with 15 months warranty and a years MOT . It has come to the time of year that the car needs it's annual MOT, so I took it to local garage I trust. I was shocked when I was told it did not pass as rear break pads are below 1.5mm.

When I bought the car I negotiated a full oil change service and MOT, in which the rear brakes had been changed (I was told this when I picked up the car, making it sound like they had done extras for me). They have even written in my service book, along side their stamp and signature that the rear breaks were serviced! I've only done 6k miles this year, so I am certain that the pads could not have worn that quickly!

So I contacted them and spoke to one of their "Managers" who pretty much just shrugged it off and made it clear he was going to do nothing. He even said that i 'may have switched the brake pads myself'.

Does anyone have any suggestions on what I should do?
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Comments

  • ossie
    ossie Posts: 354 Forumite
    Part of the Furniture 100 Posts Photogenic
    The service book says rear brakes serviced not changed and why a heading of false MOT?
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    I can't see that there's anything false about either MOT, so you should change your thread title. What you did was buy a car where you were told the brakes had been changed but they weren't. In theory you could sue for some of the cost of getting the brakes replaced now, but I wouldn't put a lot of money on your chances of winning.
  • The Service book says that the brakes were changed when I bought the car.

    The garage I know and trust said that the pads are worn so much and taking into account that I have only done 6K miles, that were most likely too worn to pass the previous MOT. Which is what the garage I bought the car from said, hence them saying they changed them.
  • The service book says that the brake were changed during this garages MOT/Service
  • Minrich
    Minrich Posts: 635 Forumite
    Seventh Anniversary 500 Posts Combo Breaker
    I wouldn't bother about it , get them changed and move on , don't use the garage you bought the car from and tell all your mates the story. That will hve more effect than any moaning you may do to them.
  • worried_jim
    worried_jim Posts: 11,631 Forumite
    10,000 Posts Combo Breaker
    The brakes could have been good enough to pass the MOT and the next day not, it's just how a car performs on a snapshot in time, to raise an issue 12 months later is a waste of time. The MOT tester doesn't even see the brakes as they don't take the wheel off, they just test them and they either work to a certain standard (pass) or they don't (fail).
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    How did the tester know that the rear pads were <1.5mm? He cannot remove the rear wheels.

    But this is all over the cost of a set of rear pads - what, £20?
  • k3lvc
    k3lvc Posts: 4,174 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Depending on the car/driving style it's not too difficult to wear a set in that mileage

    Alternatively is it a Yaris you have ?
  • worried_jim
    worried_jim Posts: 11,631 Forumite
    10,000 Posts Combo Breaker
    k3lvc wrote: »

    Alternatively is it a Yaris you have ?

    I didn't even consider this. Makes sense now.
  • Lorian
    Lorian Posts: 6,257 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    There is a big difference between having the rear breaks serviced (likely a puff of cleaner and if you are lucky some lube on the guide bolts, probably the wrong lube) and replacing the pads.
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