Bought an unroadworthy car with a brand new MOT. Is the dealer liable?

uknumber3

DoaM wrote: »

The chances of you having actually spoken with Trading Standards is remote, as they rarely have any direct consumer interface. It was more likely the Consumer Advice Service you contacted, and they advised they could/would pass the details on to Trading Standards.

This is very possible. I got the number from the Trading Standards website but you're probably correct. They're obviously keeping a file about the incident either way because they know who they're talking to when they ring me back etc.

SHAFT

uknumber3 wrote: »

I have had 3 conversations with trading standards on the phone regarding this situation. I phoned them for advice when I realised what had happened. They advised me that I could return the vehicle (as it was within 30 days) and request a full refund (which I did and was refused). They told me to then send a letter recording the fact that I'd attended the premises requesting a refund. Then they advised me with regards to taking things forward with the DVSA. They've been fantastic throughout to be quite honest. CAB told me that it was nothing to do with them and advised me that it was a trading standards issue.

I took the vehicle for the DVSA test today. Both MOT testers (the passer and the failer) had to attend and there were 2 DVSA testers. They concurred with the "failer" that the car was un-roadworthy. There were 4 major issues (that it would fail on) with the car besides the corrosion. I'm assuming the bent MOT tester will lose his license.

So tomorrow I will take the DVSA test to the dealer and again request a refund but I'm pretty much resigned to having to take them to the small claims court.

What has it failed on?


Editing your original post and removing questions is unhelpful to others with a similar problem and in this case pointless.

uknumber3

SHAFT wrote: »

What has it failed on?


Editing your original post and removing questions is unhelpful to others with a similar problem and in this case pointless.

I didn't remove any questions or text at all, I merely added an instruction in brackets to ignore an element of the post because certain people kept answering that part specifically without reading the rest of the original post or the thread where it had been answered in the first reply.

It failed on-

> Suspension component mounting prescribed area excessively corroded significantly reducing structural strength offside read.
> Floor excessively deteriorated nearside (within 30cm of seat mounting)
> Seat belt anchorage prescribed area strength or continuity significantly reduced nearside.

Those were the major defects.

waamo

How much did the car cost you? I hate to say but don't bank on seeing any of that money again.

If he's a dodgy dealer he's probably well adept at avoiding paying out anything ccj or not.

shaun_from_Africa

One thing that may be important is how did you pay for the car?

uknumber3

waamo wrote: »

How much did the car cost you? I hate to say but don't bank on seeing any of that money again.

If he's a dodgy dealer he's probably well adept at avoiding paying out anything ccj or not.

£900. You're probably right although he's been in the same premises for years and has over 300 cars in stock. It's not a major issue if this has to be resigned to the archives under "experience" but still it would be nice to know that I took the right course of action (hence this thread).

uknumber3

shaun_from_Africa wrote: »

One thing that may be important is how did you pay for the car?

I should have said, sorry. Debit card (not credit card).

waamo

Try a chargeback from your bank. It might work, it might not but at least open dialogue with them.

uknumber3

waamo wrote: »

Try a chargeback from your bank. It might work, it might not but at least open dialogue with them.

Thanks for the suggestion, I'll give them a ring first thing in the morning. I had not even considered that since it's not a credit card.

uknumber3

uknumber3 wrote: »

Thanks for the suggestion, I'll give them a ring first thing in the morning. I had not even considered that since it's not a credit card.

I rang Barclays this morning and explained the situation in full to them. They opened a chargeback dispute. They said that as long as what I've told them is true (it is) and I have the documentation that I told them I have (I do) then there should be no problem obtaining the money back. They're gonna send me some paperwork to sign within 3 working days and possibly request the documents, then take it from there. Sounds quite positive but I won't get my hopes up too much obviously.