I purchased a car on the 08/04/17 from Jason Atterbury Cars in Leicester.

It came with a clean MOT

on checking out previous MOTs online I discovered some discrepancies.

I took the car for a pre MOT check at my local testing station on the 29/04/17

they found that the car should of failed its MOT on 2 issues and also have 8 advisories on it.

The car was MOTd by ther dealer on the 21/03/17 where it failed on exhaust gasses leaking and an advisory for the front shocker having a misting of oil.

on the retest done on the 27/04/17 it passed as the exhaust had been welded and on asking about the shocker leaking the dealer said the mot tester wiped the oil off and it retested ok.

All the advisories that it should have on it should of been on it since 2013 according to the MOT history check.

I have reported it to VOSA and the AA as the dealer is part of AA cars.

I called the dealer immediately on picking the car up and he said all he can do is have the car back and take it back to the MOT tester to let him have a look at it.

I refused point blank as I can hardly trust the MOT tester that passed it in the first place to look at it again.

I told the dealer he can have the car if I get a full refund(he rufused obviously)

I'm unsure of what other action I can take.

Reject it, within 30 days of purchase, under the Consumer Rights Act.

Don't "let him have a look", or do anything else that might allow him to say he had reason to doubt you were rejecting it.

How did you pay?

paid by debit card. I told him I want a full refund but he refused.

Then get a chargeback via your bank. Sort the paperwork out so its no longer in your name, and leave the vehicle on his property and give him the keys.

Make sure to keep enough evidence as possible. Photos, video etc.

By law he cannot refuse.

I have emailed the dealer rejecting the car under the consumer rights act 2015 and he has denied receiving it, I've used both his emails and sent it 4 times.

I have contacted AAcars as he's one of their trusted traders and they said they will contact him.

I've spoken to the dvla and they haven't had the log book back yet even though he said he posted it on the 10th april,

i might be able to get my money back by raising a despute with my bank as i paid by debit card.

I will be posting a copy of the email to him by recorded delivery on friday

but not sure that he will even sign for it.

Im still waiting to hear from vosa about having the car inspected and have not used it since it was brought home on the 29 april.

Is there anything else i should of done?

Finding it all a bit overwhelming and feel like a total idiot.

How is he denying receiving it?

I presume on the phone, as he'd be daft to do it in e-mail .....

The good news : if you have that call recorded it is certain you have clearly expressed your desire to reject the car.

If he is dodging recorded / special delivery letters, also send a copy by first class post. Get a (free) proof of posting.

You don't get proof of delivery, but delivery can be presumed (it is a rebuttable presumption, but given all the circumstances a court would likely conclude he was aware of your wish to reject .....)

I called to make sure he got the email and said he hadn't so recent it and then told him to text me when he got it but text to say he hadn't and gave me another email via text so i used the link to resend it.

Did you record the call?

If not : record all future calls, and call him again "to check".

I wouldn't know how to record a call on my mobile and don't have a landline. Don't i need to tell him that the call will be recorded because if i don't it can't be used as evidence?

Nope. You certainly dont need to tell him at all.

Under the Regulation of Investigatory Powers Act 2000 (RIPA), it is not illegal for individuals to tape conversations provided the recording is for their own use. Recording or monitoring is only prohibited where some of the contents of the communication are made available to a third party. Meaning i can't use it as proof if i take legal action i guess

What mobile? What OS and network?.

You don't try to use the recording as evidence. You are making the recording only for yourself & your own records.

If a dispute arises you say "I'll just check my recollection", and listen to the recording yourself : then say "No, my recollection is correct".

Of course, if the other side (or a judge!) then insist on hearing the recording ..........

(If it is the other side : insist they provide consent from all those recorded for you to provide it, as when you recorded it you were just recording it for your own records and didn't need consent)

Samsung j5 on ee, i can't find anything under call settings ao presume i can't do it.

Samsung j5 on ee, i can't find anything under call settings ao presume i can't do it.

http://bfy.tw/2SoI

Thanks i will give it a go

Gawd this is painful.

By looking at the car you decided to buy so must have wanted it and then decided to have it re MOT'd just because you found some advisories listed against it.

The Majority of the MOT test is subjective though getting better to be objective.

The exhaust leak..

..well all exhausts leak.

..it's called a tail pipe but understand what your saying and indeed all exhausts are welded,

some are rolled and folded but they all leak in one way or another,

it's where they leak that can be called into question.

Likewise, all dampers will mist oil as it's impossible to seal a moving rod under pressure without it leaking.

Just look at some hydraulic rams,

they'll all exhibit some evidence of leaks...

.in fact a brand new damper it's possible to detect leaks on.

Despite the usual over reactionary advice here,

it would be nice to know what car it is,

how old and how many miles done

and how much you paid as this all has a bearing on what you're being told to do.

The CPA is relative to age, mileage and price which didn't change when it came in so the dealer might well be within his rights to challenge your advised rejection.

Advisories are not a fail,

only that in the opinion at the time of inspection there MIGHT be a potential problem and opinions differ from one person to another.

What is guaranteed though is that by reporting advisories to VOSA you detract resource from the real rouges in the industry. Fortunately VOSA are a bit more switched on.

Talk to the dealer about your concerns first rather than steaming in with a rejection as after all some of this is down to you.

Doesn't make much sense to me.

Reported to vosa because it should have failed on 2 issues and have 8 advisory's which should have been on it since 2013!

the op under CRA is quite entitled to reject the car and demand a full refund as faults were found within 30 days.

dx

So what are these 2 fails and 8 advisories ?

The car is an 08 chevrolet captiva, 99128 miles paid £2995. The car should of failed on the side repeaters being discoloured and the exhaust flexi blowing. The advisories are:

signs of steering rack leaking from offside

Nearside outer cv boot damaged

Offside front shocker weeping

Nearside front shocker weeping

Both suspension arm bushes deteriorated and has slight movement

Rear exhaust hanger broken

Oil leak

On looking back through the mot history the advisories started to be listed in 2015 (not 2013 as firts said) and suddenly disappeared in 2017.

The dealer had the car motd in march 2017 whete it failed due to exhaust gasses leaking and an advisory for shockers weeping. The dealer had the exhaust welded and when i asked about the shockers he said the oil was wiped off and they were ok.

I didn't "steam in and reject the car" i spoke to the dealer while still in the garage when i went to collect the car and the only thing he wanted to do was have the car back and take it to the guy that did the mot for him so he could have another look at it. I am far from daft and obviously rejected his offer to have the same person who wiped oil off the shockers and removed the advisory in the first place.

I don't believe advisories are a valid reason to reject a car under CRA (unless the items have been described as good) and dealers are not obliged to correct any advisory - only the fail items. The previous advisories haven't been removed and will always be available to anyone who wants to search previous mot history, which is why it's usually a good idea to do that before buying a car and use any unfixed advisories as a negotiation tool. Advisories are subjective (some testers like to flex their power and go to town with the pen and some don't bother) but not a reason to reject. Certain items of the MoT can be subjective and left to the testers own discretion & judgment - I believe vosa take the view that if in doubt a tester should pass & advise. I do think you'll struggle with a rejection under CRA if the only issues flagged up by your own inspection are a faded indicator lens and leak in the flex, which I'm sure for those items the dealer would be happy to correct.

He refused to acknowledge the issues and insisted the mot tester recheck the car. I don't think so. How can i trust the mot tester who passed the car when he should of failed it.

have you ever thought that a written letter, which is deemed by law delivered after 2 days would have been better?

I've sent him a letter and email saying the same thing.