Help! Car failed MOT, purchased recently.

FannyHill

If you pay £650 for a car from a garage I don't think they have any liability if it needs repairs for a new MOT a few months later. If it only had two months I'd bear that in mind when deciding to buy or not.

anewman

If you get the work done I would consider getting the underside protected, particularly with winter coming, to help prevent further corrosion. You can get a 2.5 litre tin of underbody seal from Halfords for £9.99 (a 2.5 litre can would be over kill on a ford ka). I think professionals use some sort of spray thing to do it. There are certain areas to avoid putting underbody seal and you need to be able to get comfortably underneath the car, probably ramps are the best bet as I wouldn't want to be underneath a car on axle stands unless I really had to remove the wheels.

zappahey

Frankly if a dealer is selling a car with only 2 months MOT, I'd run away. It sends a clear signal (no matter what excuse they give for not renewing) that the car is not likely to pass without work.

Sorry that doesn't help you now but it's something to bear in mind for future purchases.

RHYSDAD

PLEASE PLEASE PLEASE, IN FUTURE, GET THE AA MAN TO GIVE A PROSPECTIVE CAR A ONCE, OR EVEN, TWICE OVER!! £80ish Well Spent i say.
And like Zappahey says, 2 months MOT is an invite to walk away. Now, an honest retailer needs to offer 12months MOT to have any reasonable chance of a sale. Except in this case it would seem. Sorry to hear your bad luck but please learn from it and don't do it again!

RHYSDAD

Brooke_Daver wrote: »

It's an 11 year old car which you brought with only 2 months MOT.

The garage have done nothing wrong.

If you like the car have it repaired, I find it hard to believe that some tyres, a steering UJ and some brake discs for a KA will cost £700.

Could it be that the people trying to have you over aren't the ones who sold it to you?

It isn't the bits which cost the money, it's the £35-£40 an hour labour which cranks it up!

roddydogs

Im amazed a "dodgy dealer" didnt have a "Dodgy" 12 month MOT-they must be tightening up!

Altarf

Gorgeous_George wrote: »

You have no comeback on the garage that sold you the car. Besides, you cannot prove that the car was faulty when you bought it.

Trading Standards would seem to disagree -

http://www.newport.gov.uk/_dc/index....tid=cont104454

Consumer Advice - Used Cars
The Law
When you buy goods from a trader, you enter into a legally binding contract governed by the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002. The law gives both buyer & seller rights and responsibilities and applies to the sale of used cars in the same way as to other goods. When you buy from a trader, you have the right to expect the car to be:

• Of satisfactory quality;
• Fit for its purpose, including any particular purpose made known, and
• As described.

The law defines goods as being of ‘satisfactory quality’ if they meet the standard that a reasonable person would regard as satisfactory – taking the description of the goods into account, the price (if relevant) and all other relevant circumstances. So, when you have bought a used car, you must consider its age, the price you paid, the description which was applied to it and anything else which is relevant when deciding whether it is of satisfactory quality. Your expectations should be different when you are buying a low mileage, two-year-old car than when you are buying a high mileage, ten-year-old one, for example. However, it must still be:

• Fit to be used on the road;

...

The onus is normally on you rather than the trader to prove a claim, i.e. that the car is defective in some way. However, the Sale and Supply of Goods to Consumers Regulations 2002 now states that if you are claiming replacement, repair, full or partial refund within the first six months of ownership, the onus is on the trader to prove that the goods were acceptable when they were sold. This is called the ‘reversed burden of proof’.

As the car failed its MOT at the current point in time it is not 'fit to use on the road' and is thus not 'of satisfactory quality'. Under the ‘reversed burden of proof’ the dealer would need to demonstrate that it was of 'of satisfactory quality' and that the car would not have failed an MOT when they sold it two months earlier. So any car dealer that sells a car without a 12 month MOT is really leaving themselves wide open.

In this case, I would write to the garage asking for either a refund or them to foot the bill for the repairs, and if they decline, sue them through the small claims court - http://www.moneyclaim.gov.uk

hartcjhart

within the first six months of ownership, the onus is on the trader to prove that the goods were acceptable when they were sold. This is called the ‘reversed burden of proof’

If there were no questions or queries at the time of sale then it would be deemed as the goods being acceptable

when you have bought a used car, you must consider its age, the price you paid, the description which was applied to it and anything else which is relevant when deciding whether it is of satisfactory quality. Your expectations should be different when you are buying a low mileage, two-year-old car than when you are buying a high mileage, ten-year-old one, for example. However, it must still be fit for purpose,

the car was fit for purpose as it had a current MOT,the fact that it has since failed is of no consequence,

at the time of sale,it was acceptable(you bought without any questions)and was fit for purpose as it was MOTd and driveable

anewman

The car could have degraded in the 2 months up to MOT such that it was a pass then later a fail. Remember it passed 10 months ago. The car may well have been suitable for use on the road at the time but not later.

This is the second similar case on the forums recently, I would be interested in seeing if people get anything out of complaining/court action, as I do have my doubts as to wether it would be sucessful.

Alias_Omega

I would take the car back to the garage, and ask them how much to do the work.

If you get on with the person, you will probably get a good price on all the work.

I would love to buy a Ford KA for £650, i have been after one for ages as a 2nd car, but could not find one for less than £1000.