Ive been conned!!! What are my rights??

[Mulve!]

Hi, I recently took my car to Melbourne Street Motors in Manchester for an MOT. When I returned for the car the mechanic told me it had failed its MOT. I asked him what was wrong and he told me my washers were not working and that it would cost between 40 and 50 pounds to be fixed as I needed a new part.

I did not have the money to leave the car with him so I paid for the MOT (£35 as I had a leaflet for a discount, which is the only reason why I chose that garage) and left with the car.

The mechanic said the pump on my washers was 'gone' and needed to be replaced and I could get the part from Ford for around £20-£25 + labour. I specifically asked him was there any possible problem it could be and he said no.

The next day I took my car to the Pheonix MOT garage in Manchester. I explained the problem so he looked at my washers and said that all that was wrong was my filter was blocked and needed cleaning. He did this for me within minutes and now they are working perfectly. Threfore I had my car re tested at that gargae as I didn't trust Melbourne Street Motors to re test it after they had already tried to con me.

I would like to complain and possibly claim my money back for the first MOT but I'm not sure of my rights in a situation like this. Any help or suggestions would be great.

Also I'd like to point out that I'm a young female and I took the car to the garage alone which is why he probably thought he would get away with it!

Thanks in advance! Mulve x x

[Conniff]

No doubt being female probably did play a part in the excessive charge.

Take a look at the link and see what VOSA has to say about your experience.

Complaints Procedure

As testers are not allowed to do exploritory work or diagnosis during an MoT it was probably guesswork because he couldn't hear the pump running.

[Mulve!]

Hi, thanks I will look at that website now. So do you think it is an honest mistake and should I ask for my money back or not?

Mulve x

[bennyowen]

I would not call this an honest mistake because they are supposed to be the accredited expert in MOT testing. If they make mistakes, they are liable - honest mistake or not.

I will suggest you ask for your refund from the Manager of the garage and tender a copy of your new MOT. This is Step One (according to VOSA link).

If they insist, follow further guidance from VOSA link (Step Two) provided by Conniff.

Be ready to follow the steps from one to three according to VOSA. It should not cost you more money.

Good luck.

[Conniff]

Hi Mulve

It could have been a genuine mistake or it could just have been laziness.

I don't think you will be able to claim back the original test fee as the car would have failed anyway as the washers were not working.
If you had left it with the original station for repair and retest, they would not have had to retest the car, just the washers.

[Conniff]

Originally Posted by bennyowen

I would not call this an honest mistake because they are supposed to be the accredited expert in MOT testing. If they make mistakes, they are liable - honest mistake or not.

I will suggest you ask for your refund from the Manager of the garage and tender a copy of your new MOT. This is Step One (according to VOSA link).

If they insist, follow further guidance from VOSA link (Step Two) provided by Conniff.

Be ready to follow the steps from one to three according to VOSA. It should not cost you more money.

Good luck.

Not quite benny. The washers are a simple fail or pass, the tester would not know why or be interested in why they did not work. It could have been as simple as the water bottle being empty.
It is not up to the tester to find out why, indeed no such work is allowed during a test.