Think I have bought van with dodgy MOT

bigbry

 Hi hope you can help. I bought a Talbot motorhome 1986 on 18/6/21 in Manchester in a private sale.
It had a fresh 2 week old MOT and the pictures looked good so I put a deposit down and traveled up from London. After a short test drive things seemed ok and I set off a short distance to a campsite for the night. The next day driving back to London the van kept overheating (I had checked oil and water b4 leaving) I also found out the both front shocks are totally gone, and the exhaust had become gradually louder the further I travelled . I managed to make it to my daughters outside London and called out breakdown. They looked at it and said it was unsafe to drive. I do not believe with these faults it would have passed MOT 2weeks previously. I contacted the seller and asked for my money back citing the defects and my concerns about MOT but he was not willing to refund. What are my rights and what would be my next best move?. 
Many thanks in advance
Bry

scrappy_returns

How much credit have you given the MOT with regards to condition? Overheating is quite unlikely to be flagged in a MOT, the shocks you could see for yourself and the exhaust you could hear on the test drive.

bigbry

I just feel after driving it, it should not have passed MOT. I don't know much about motors and did not know about shocks had gone until i hit some bumps. The exhaust seems a little loud at first but became very loud. It started overheating after 50 miles. I just don't feel like it would have passed mot. 
Otherwise, what recourse do I have with the seller. Is it worth me putting through another mot, to see what they say? Any help would be appreciated 

AdrianC

It's a 35yo vehicle, in a private sale. Caveat emptor. Do your checks before agreeing to buy.

Bet it'd been sat around barely used for a while, couple of mile round trip to the MOT excluded, right?
Bet it's VERY low mileage for a 35yo vehicle...

You are now well outside the 28 day time window to appeal non-corrosion-related MOT passes.
https://www.gov.uk/government/publications/complain-about-an-mot

All the faults you describe are pretty much to be expected on something of that age, unless it's been very well maintained - and all could well cause a breakdown a couple of weeks after a test, especially if it's been sat around doing nothing for the last couple of years.

Overheating may well be straightforward - that's not something an MOT would pick up on anyway. I presume it didn't overheat on your test drive?
Is the electric cooling fan working? Is the radiator evenly hot all over once the engine warms up? How filthy and ancient is the coolant?

Front dampers are a consumable. MOT fail is mostly likely if they were leaking, not if they're simply worn unless they're MAJORly knackered. But you'd pick dampers THAT knackered up on a test-drive...
https://www.gov.uk/guidance/mot-inspection-manual-for-private-passenger-and-light-commercial-vehicles/5-axles-wheels-tyres-and-suspension#section-5-3-2

Exhaust - it wasn't leaking or blowing when you test drove or left, let alone two weeks earlier...
https://www.gov.uk/guidance/mot-inspection-manual-for-private-passenger-and-light-commercial-vehicles/6-body-structure-and-attachments#section-6-1-2

daveyjp

If you believe it shouldn't have passed I'd complain if its possible, link here.

https://www.gov.uk/getting-an-mot/problems-with-your-test-result

Having your own MOT will provide you some evidence, but to get your money back will be a battle.

Its a 35 year old van, unless its been kept in aspic I imagine its a shed once you start poking around.

scrappy_returns

bigbry said:

I just feel after driving it, it should not have passed MOT. I don't know much about motors and did not know about shocks had gone until i hit some bumps. The exhaust seems a little loud at first but became very loud. It started overheating after 50 miles. I just don't feel like it would have passed mot. 
Otherwise, what recourse do I have with the seller. Is it worth me putting through another mot, to see what they say? Any help would be appreciated 

Feeling is not good enough.
The MOT and its requirements are clear and publicly available. It's not a hunch, it's a test.

Herzlos

Have you looked at the MOT history online for it to see where/when it was tested and how it fared?
Have you booked it in for a mock MOT to see if it'd pass now? I say a mock MOT, because if you do a real one and it fails you won't be allowed to drive it back to the previous owner.

What did they say about the condition? Is the ad still available anywhere? How much did you pay? How much will it cost to just fix it?

Frankly, it's a 35 year old motorhome, it was probably at it's end of life 20 years ago so expectations shouldn't be high but it should at least work.

AdrianC

Herzlos said:

I say a mock MOT, because if you do a real one and it fails you won't be allowed to drive it back to the previous owner.

Not strictly true.

The old MOT will still be valid until its expiry date. Nothing invalidates it - even a serious subsequent failure.

BUT... that test is no proof of roadworthiness. It's illegal to drive an unroadworthy vehicle. If this is unroadworthy, it's illegal to drive it NOW, and no more or less illegal if it then fails a subsequent test.

It removes any claim of "but I didn't know", but there isn't one here anyway - and, even if there was, it wouldn't be a defence. An unroadworthy vehicle is unroadworthy.

Is this unroadworthy? Debatable.
Overheating? No.
Dampers? Perhaps.
Exhaust? Perhaps.

There's still no claim against the previous owner, though.

caprikid1

I would also hazard a guess you bought it off Ebay in an auction , looks like you paid a bit too much for the stated condition.

I think the ad is fair and honest , it is a 35 year old Van.

Get it repaired and enjoy it, don't waste time trying to persue anyone.