Purchased Car - Misinformation, False Specifications, Unsafe

LyamBa

Hi everyone,

Thanks for reading and posting in advance!

On 29/11/2019 I purchased an Audi A5 (2008) from a car dealership for £4,000 via bank transfer. I paid a deposit earlier on in the week to secure the car. I'd driven an A5 of the same year previously so I was quite familiar on what to expect. The dealership was rated a 4.4 so I thought they were reputable.

When I went go pick up the car, the gentlemen there were quite hasty as they were shutting and me being overly polite and inpatient myself, I didn't do a thorough check of the vehicle. However, knowing they'd put a new MOT on the car literally a day before, the peace of mind knowing it was under warranty for 15 months, their 4.4 rating and having slight trust, I signed the paperwork and made the payment.

The first thing I noticed was the windscreen wipers not retracting below the bonnet and a smear on the windscreen which I presumed was just a little dirt. I used the windscreen wiper and it did nothing except make an aggressive sound as the windscreen wipers were clearly not fit for purpose. I just thought to myself "ok, I can take it to a local garage and get a quote, after all...it is over 10 years old". The smear on the windscreen was embedded and no amount of elbow grease was getting rid of it. It made me feel very unsafe driving home due to the lack of visibility.

The second thing I noticed was the specs they'd listed were non-existent. My A5 I had prior was quite kitted in relation to the specifications. The advert claimed it had satnav, heated seats, retracting mirrors, bluetooth, water sensors, and more but I slowly realised the car had very limited specs.

The third thing I noticed was the handling. I've driven for 9 years and I think people will agree with me when I say you know what a car's capable of and what you can or can't do. Immediately I become anxious driving because the right tyre/wheels seemed very difficult to control. I didn't feel comfortable. I stopped by a garage and the PSI was only at 17. I inflated the tyre but something was still off.

The fourth thing was a smell. I'm not sure what the smell was but it was a burning smell. I've Googled what it could be and a lot of people have said it could be oil leaking, but I don't know if I'm honest - as I'm sure you've gathered, I'm not mechanically sound!

On the same day I purchased the car, I sent the salesman a message explaining my concern. I told him of the tyre pressure, the windscreen, the wipers, the control and the burning smell. He didn't respond.

I contacted the garage via phone the next day and they told me to call back in 2 hours when the manager was in. I did that and he still wasn't there but he'd (apparently) call me soon. I received no call and decided to look into their negative reviews. A man had purchased a car from them not as advertised and when he tried to contact them, he got the same response re: the manager.

I also checked the car's MOT history. This is when I found the following:

TEST DATE | RESULT | MILEAGE
28/11/2019 | Pass | 150258

MOT COMMENTS
No Data to Display.

---

TEST DATE | RESULT | MILEAGE
26/11/2019 | Fail | 150255

MOT COMMENTS
Engine MIL inoperative or indicates a malfunction (8.2.1.2 (h))
Brake pad(s) worn down to wear indicator on dash (1.1.13 (a) (i))
Supplementary restraint system warning lamp indicates a fault air bag light on dash (7.1.6 (a))

So, there were two MOT's before I purchased the car; one on 26/11/2019 and one of 28/11/2019. It's also important to mention I was given neither of these MOT certificates. It's also important to mention that the dealership shares their work-space with an MOT centre.

As mentioned, I'm not mechanically acute but I was under the impression when any work gets done, especially by a dealership, they will keep receipts of said work. I don't know if the 3 failures resulted in any cost but it's certainly enough to raise suspicion.

I've further researched my rights as a consumer and it appears to be in my favour. However, from what I've seen today, the dealership won't be easy to deal with.

Tomorrow, I'll be going to an independent MOT centre for a re-test and I'll explain the situation to them. In a way, I'm hoping the car fails to further strengthen my case that it was unsafe as well as false advertisement.

I have this information:
-I have print screens of the original advert (but had now been removed) which states "showroom condition" and "perfect inside and out" as well as its countless specs
-I have correspondence (text message) which state the windscreen wipers are fine (prior to purchase)
-I have bank records showing the bank transfer; text message from the salesman providing the bank details; and that same telephone number on their official website

So I'm just wondering if anyone thinks I have a case from perhaps personal experience or their knowledge of the law. I'm also wanting to know what should I do if the dealership becomes unresponsive as even if the car passes the MOT, I was still mis-sold this. I just want to clarify this isn't buyer's remorse and I genuinely believe the car's unsafe. I would simply want a refund of the money paid as I would no longer trust this dealership to provide a different vehicle.

Also, I understand I made a lot of mistakes as a buyer and I will learn from them. My ignorance and politeness was taken advantage of unfortunately and I'll be sure not to make the same mistake twice. I've had relatively good experiences when purchasing cars in the past.

Thanks for reading!
Lyam

Apologies for the long post!

custardy

I wouldnt explain anything to the MOT place.
Let them MOT as any other car.
The '2 mots'isnt unusual.
It failed (its an 11 year old car) and passed 2 days and 3 miles later.
Have you checked the airbag light goes on and off?
Have you checked the brake pad light goes on and off?
I assume the engine warning light isnt on?

LyamBa

custardy wrote: »

I wouldnt explain anything to the MOT place.
Let them MOT as any other car.
The '2 mots'isnt unusual.
It failed (its an 11 year old car) and passed 2 days and 3 miles later.
Have you checked the airbag light goes on and off?
Have you checked the brake pad light goes on and off?
I assume the engine warning light isnt on?

Thanks for the reply and advice. I won't mention anything when I take it in for an MOT. There are no lights illuminating on the dashboard.

I completely understand a car failing and passing an MOT is common, but because they share their workspace with the MOT centre, the car feels unsafe to drive, the driving visibility is clearly jeopardised due to the embedded smudge, they delayed the purchase from Wednesday to Friday (without telling me the reason) due to the failed MOT and there was no supporting paperwork, nor certificates really raises my suspicion.

Will update after I've taken car in for the MOT.

forgotmyname

One MOT (failed) and one re-test (passed) Not 2 MOT's.

Pads worn to the indicator, could still be many miles of motoring before they hit the manufacturers minimum limit. As in the name its an indicator not a warning that they may need changing or are dangerous.

No MOT sheet, fairly normal its most a receipt now. MOT details all online.

peter_the_piper

I may be wrong but why would you buy a car without giving it a good road test when most, if not all ,of these "faults" would have shown up and been corrected before full purchase?

JJ_Egan

Contact trading standards asap . Often very interested in motor dealers and problem MOTs .

Labsuper

JJ_Egan wrote: »

Contact trading standards asap . Often very interested in motor dealers and problem MOTs .

Where is the problem MOT?

LyamBa

Thanks for the replies!

forgotmyname wrote: »

One MOT (failed) and one re-test (passed) Not 2 MOT's.

Pads worn to the indicator, could still be many miles of motoring before they hit the manufacturers minimum limit. As in the name its an indicator not a warning that they may need changing or are dangerous.

No MOT sheet, fairly normal its most a receipt now. MOT details all online.

Thanks for the reply. Like I mentioned, I'm not very knowledgeable regarding motors. I tried taking it for an MOT but with it being Sunday, nothing was available. However, I spoke to one of the chaps and they did say if there was a scrape on the windscreen impeding visibility (to a certain extent) it would've been an automatic fail. My windscreen (on the driver's side) had 1-2 inch thick scrapes in an arch shape from the middle of the windscreen curving to the bottom.

peter_the_piper wrote: »

I may be wrong but why would you buy a car without giving it a good road test when most, if not all ,of these "faults" would have shown up and been corrected before full purchase?

You're absolutely right, it's something I should've done. They were very hasty to get me gone and I was naive in thinking it was a reputable dealership so everything would be fine. I know as a consumer I have a responsibility to be smart and know the condition of an item I'm purchasing, but equally a dealership has a responsibility to be upfront and honest which this dealership clearly wasn't.

JJ_Egan wrote: »

Contact trading standards asap . Often very interested in motor dealers and problem MOTs .

I don't want to escalate this just yet. I believe I could report them for false advertising, but I'd rather try and resolve this directly with the dealership and amicably before involving third party companies.

JJ_Egan

Labsuper wrote: »

Where is the problem MOT?

Possibles one Vision front screen
Two are wipers faulty ??
Three TYRE/



That is of course after the new MOT test .

LyamBa

JJ_Egan wrote: »

Possibles one Vision front screen
Two are wipers faulty ??
Three TYRE/



That is of course after the new MOT test .

Hi JJ Egan,

There are 4 images here: imgur.com/a/496yRwa

1. Windscreen view (from inside) - unfortunately, it doesn't show the extent of it with a picture
2. Windscreen view (from outside) - again, doesn't really show the extent of it
3. Front right tyre - the tyre doesn't fit into the alloy properly like the other tyres
4. Front left tyre - seems very low on tread

foxtrotoscar_2

JJ_Egan wrote: »

Possibles one Vision front screen
Two are wipers faulty ??
Three TYRE/



That is of course after the new MOT test .

As you say 'possibles' and questions...nothing definitive Minor stuff and down to testers opinion. Trading Standards I doubt would be interested. DVSA is where any complaint should be directed.