Unsatisfactory MOT on vehicle purchased

[finlay666]

Just wondering what I can do with the Accord I bought, it seemed fine until I got to an incline when I had to put the handbrake on and even on full travel it wouldn't hold the car. With that, the poor application on the brakes and the fact the rear view mirror was in the glove box I don't think it is a satisfactory pass on the MOT.

I am going to contact VOSA for an independent inspection ASAP as well as having the car looked at this weekend by my father and an independent service centre.

As the MOT on the vehicle was today (before I paid for it, passed with an advisory on wheel wear) and was a condition of sale (as it says so on the deposit) can I make the dealer I bought it from pay for any repairs required to make it pass the MOT should it fail on the independent VOSA inspection? Also could I claim for damages as although he said it was "sold as seen with no warranty" the MOT would be incorrect and selling an un-roadworthy vehicle.

Little bit concerned as the car although seeming mechanically sound doesn't work as it should (the heating system is erratic at best despite 'working' when sold, and the rear defroster doesn't work, the rear view mirror I was under the understanding would be fixed prior to sale... which it wasn't, I had to go to Halfords and pay £12 for a substandard mounting sticky pad as a temporary solution and it just holds it in place, the vibration makes it unusable, so I'm going to have to replace it with a temporary one until it's fixed.

Will post pics of the car on Wednesday in the motors bit though (as long as it passes a retest lol)

[TAKTAK]

VOSA only have powers to impose restrictions and discipline MOT stations, if you want reimbursement (which you should) you need to go through trading standards too.

You do however have 28 days to lodge an appeal with VOSA as it is a mechanical fault, it shouldn't cost you a thing either as the car passed.

VOSA Newcastle:

Sandy Lane
Gosforth
Newcastle-Upon-Tyne
NE3 5HB

Phone number:

0300 123 9000

[finlay666]

VOSA only have powers to impose restrictions and discipline MOT stations, if you want reimbursement (which you should) you need to go through trading standards too.

Thanks, I'm guessing the invalid MOT is pretty good proof for taking it further?

[TAKTAK]

Thanks, I'm guessing the invalid MOT is pretty good proof for taking it further?

See my edit: You have 28 days from the date of the MOT document to register a complaint with VOSA as the problem is mechanical, for other ailments such as major body deterioration you have 3 months.

It is also free, as the vehicle passed it's MOT, it only costs you more if the car failed and you're appealing a failure.

It may be that the MOT station incurs a penalty, or has their licence removed, was the MOT station the garage that you bought it off?

[finlay666]

See my edit: You have 28 days from the date of the MOT document to register a complaint with VOSA as the problem is mechanical, for other ailments such as major body deterioration you have 3 months.

It is also free, as the vehicle passed it's MOT, it only costs you more if the car failed and you're appealing a failure.

It may be that the MOT station incurs a penalty, or has their licence removed, was the MOT station the garage that you bought it off?

I missed the ninja edit

Yeah I have the contact details for VOSA in Newcastle, shame it's a bit of a journey.

It's purely mechanical and the MOT was today apparently

[Yosh]

I've been in this situation before when buying a car with new MOT i found it had a partially welded split down the middle.

After taking it to court i ended up with nothing, the seller who was a trader didn't even show up.

[kalniel]

I've been in this situation before when buying a car with new MOT i found it had a partially welded split down the middle.

After taking it to court i ended up with nothing, the seller who was a trader didn't even show up.

The guy didn't turn up at court and you still lost the case?

[digit]

"sold as seen with no warranty"

Pretty sure its a legal requirement for all second hand cars to be sold with a 3 month warranty?

Just found this which might be of interest: Which! Used Car - Your Rights

[JPreston]

Pretty sure its a legal requirement for all second hand cars have to be sold with a 3 month warranty.

I'm not sure about that, the dealer will just say that he was clear that he sold it as a non-runner (if he even turns up at court).

I don't think the missing rear-view mirror is an MOT point but excessive travel on the handbrake is. If you can catch the dealer in having provided a dodgy MOT, either issued by himself or his mate then he might agree to a refund to stop you kicking up a fuss with VOSA/Trading Standards. Which you should still do once you have your money back, it's a serious consumer rights/safety issue

[finlay666]

I'm not sure about that, the dealer will just say that he was clear that he sold it as a non-runner (if he even turns up at court).

I don't think the missing rear-view mirror is an MOT point but excessive travel on the handbrake is. If you can catch the dealer in having provided a dodgy MOT, either issued by himself or his mate then he might agree to a refund to stop you kicking up a fuss with VOSA/Trading Standards. Which you should still do once you have your money back, it's a serious consumer rights/safety issue

Sold it as a non runner with a clean MOT on that day... I find that hard to believe

I tightened the handbrake myself, was a bit of a chore, but it looks like it will need to be replaced soon anyway.

Apparently it's not worth it as I need the car for getting to/from uni.

The whole thing is just p*ssing me off, I can't take it to VOSA as if I'm right I lose my car as I won't be able to drive it. I don't take it to VOSA the other guy gets away with a dodgy job. It's so annoying and if I didn't have piles of uni work to do I would take it further but I simply can't

And because I fixed the handbrake I can't take it to VOSA as work has been done