Okay folks, this is my last instalment on this little saga. After speaking to the garage who did the MOT, they were concerned that such an oversight could have occurred on their part. They offered to take the car, check it over and put right anything which the car should've failed its MOT on. They even sent out a courtesy car to me so that I wouldn't be inconvenienced whilst they had my car. Not only did they replace all the parts that needed replacing, they actually went above an beyond by replacing other parts that were advisory. Everything was OEM and it was all done as a gesture of goodwill. I've got it back and now the car handles like an Alfa should. It's sharp, crisp and responsive. Given the circumstances I don't think I could've asked for any more! I won't name the garage as I genuinely believe it was an oversight on the part of one their mechanics and I don't want to cast any aspersions on them. They saw me right and I'm fairly certain the guy responsible for the original MOT has been advised to do a more thorough job from now on. As for what I've learnt from all this... I guess I've learnt to have a little bit of faith in people. I was all for charging in with VOSA and getting the garage hauled over the coals, when all it actually took was a civil phone call and a bit of faith. I've not gained any faith in second hand car dealers though. As I stated earlier in this thread, I found the original advert for the car and the description (both mechanical and aesthetics) was an absolute joke. The advertised price was almost 3 times what I paid at auction and when the auction house called him to say his car wasn't as advertised (i.e shouldn't have passed its MOT) he basically said "not my problem, I didn't pass the MOT on it". I can't name and shame him as I cannot confirm (read I have no proof beyond a knowing look and a nod from others) that the person who placed the advert is the same person who entered it into the auction. Thankfully I didn't pay his advert's asking price, and he only got a little over a third of what he originally wanted for the car, which now runs like a dream and is probably worth around what he wanted for it originally (despite not costing me a penny more), so maybe there is a little justice there after all. I still believe that auctions are a good way to buy cars. This is the 8th car I've bought from an auction and it's the first time I've encountered an unexpected problem. As I've already said in this thread, you have to treat it as a gamble and never bet what you can't afford to lose. I could've comfortably weighed the car in for scrap should it have come to that (as I have done a couple of times in the past when I've bought a lemon). The reason I was reluctant to do so this time was the fact that the MOT was false, I paid over the odds for a car that wasn't road worthy and I felt it needed to be brought to the attention of those responsible. I should've given a bit more benefit of the doubt from the start and accepted the possibility that it was an oversight/human error rather than a case of fraud on the part of the garage, but that goes back to what I was saying about a lack of faith. Granted the mechanic is in a position where he needs to be very careful about his work as it could've lead to a nasty incident involving a car he signed off as safe when it wasn't, but I think no-harm no-foul applies here and I doubt he'll make this sort of mistake again. As for my advice to others who buy a car with what they believe is a dodgy MOT... It's a double edged sword. If you contact VOSA and they inspect the car properly (i.e over a pit with the relevant forms), then yes the garage may well be brought to account, but you will have to do the leg work getting any money back if you are left out of pocket, which could be a long and costly process (involving legal action etc). You will also be left with a car that is illegal to use on the roads as it will be classed as "known defective". If you contact the garage first and they offer to repair it, you need to be cautious, as, if they don't do a thorough job and fix it properly, you are now up the creek because the car is no longer in the same state it was in when it was MOT'd and VOSA cannot do anything. I personally would call VOSA and ask that they send someone out for a preliminary inspection and take it from there. The inspector won't be able to advise you on what to do, but he will know the garages in the area and will probably give you an idea of how helpful they may be in the matter, based on his experiences with them in the past. I cannot offer any further insight on who the blame ultimately could rest with (i.e whether or not the trader really can wash his hands of the car because he didn't put the MOT on the car), as thankfully this incident didn't come to that. Thank-you to everyone who contributed to this thread. I know there was a few issues here and there, but I believe everyone here was just trying to help. We should all be grateful that a resource such as this exists. Thanks again folks Drewmond p.s Sailor Sam... I received your PMs, but I cannot reply to them as I am still a newbie on here. They were helpful to say the least and I'd like to thank you personally for them!

Okay folks, quick update on the situation. A very pleasant chap from VOSA came out today and fully agreed that the car should not have passed its MOT and they are very interested in taking it further. The next step will be a full inspection at one of their sites and severe action (his words, not mine) taken against the MOT station. Whilst he was here he rang one of his contacts who knows how the motor trade regulations work to see what if any action I could take regarding my losses. I'd already mentioned that I didn't fancy my chances with the auction/trader at getting my money back, but he rang his contact anyway as he felt like I'd been stitched up. The advice was to contact the auction house and see what they say. So I called the auction house. They said I have three options, they'll contact the seller on my behalf (confirmed as a trader), I can contact the MOT station or I could call in VOSA (I didn't mention that the man from VOSA was listening in on the call). I figured the best thing would be to try the civilised route first and see what the trader said. They (the auction house) rang the trader and he basically said that he didn't put the MOT on the car so it's not his fault. He took the car to the MOT station, got the years ticket put on it and sold it, all in good faith. So that's closed that avenue off (pretty much what I expected to happen). To be fair, the auction house manager himself was dealing with it and seemed genuinely concerned that a car with a dodgy MOT had been sold to a member of the public. He apologised a lot and said maybe it's worth calling the MOT station and see if they will do anything. So That's what I did next. I called the MOT station and explained to them that they passed a car that had the exact same (dangerous) faults it had failed on 14days earlier. The guy sounded very concerned, took my details and said he will investigate the matter and call me back. And that's where we are now... Currently waiting for the MOT station to call back (I only called them about 15 minutes ago). The guy from VOSA has promised me a slot next week to get the car thoroughly investigated and documented so that they can take action against the test station. He agreed with me that it's best if we let the test station make it right before going in all guns blazing (as it was them who was at fault by issuing the MOT). Once they come back to me, we'll see what happens. If they offer to make the car right/reimburse me for my losses then no further action will be taken. If they fob me off, I'll give the car to VOSA to pull apart and let them take action against the test station, after which I'll weigh the car in for scrap. That's all for now. I'll update again once I know what's happening with the MOT station.

I'm not after the same comeback as someone who bought at a garage. I just want the person/people responsible for putting a dodgy MOT on a car to be held accountable for their actions. We seem to be going round in circles on this one. Yes I know buying a car from auction is a different ball game. I've already stated that. Yes I know that cars are sold as seen. Yes I know that the auction house will have covered their backsides nicely in their Ts&Cs. But this was not a normal sale of a sub-par car. This was essentially fraud. The car was given a 12months certificate of roadworthiness despite still having all the faults present that less than a month earlier caused it to fail its MOT. I'm not going to fob this car onto someone else to save me the hassle of potentially losing a couple of quid. If the only thing to come from this is that the MOT dealer gets a slap on the wrists then yes I will be disappointed, but at least I tried. If the MOT station gets a fine or worse then I will consider it a result. If I can chase the seller of the car (who lets not forget was trying to sell this car through the classifieds to the general public before it went through an auction) for some money and get back some of the money I've lost, I will be ecstatic! I'm not banking on anything at the moment and I'm fully aware I may end up having to weigh the alpha in for scrap. I want to cause as much bother for them as I can in return for the bother they have caused many others with their dodgy dealing!

At least I have proof that the person trying to sell this car did so in full knowledge it is not roadworthy. Just got to wait for VOSA to pull the MOT to pieces now.

Interesting development... I have found the car I have bought still up for sale in a classified advert. It would appear that the last registered keeper on the V5 was not the seller. The person who has it up for sale (I'm guessing they have forgotten to remove the classified advert) is using a trade name, although there's no indication if they are actually a registered trader. Coincidentally they are selling out of the same very small town where the MOT station is located. They currently have 7 other cars for sale too (most boasting a full years MOT ). The good thing is I now have a name and a phone number for them and I don't think it will take much effort to get an address. I've printed out the advert showing the car with the number plate clearly displayed and the description they have given it. It's looking less likely that this car is a trade in that was shoved it through auction to get rid and more likely that they bought it as a shed, used some spit and gaffer tape to put a dodgy MOT on it and then tried to flog it for as much as possible.

I have no problem gambling at losing at an auction. I've done it in the past and behaved like a grown up and taken it on the chin. What I have a problem with is fraudulent MOTs being put on a car with the sole purpose of selling it for more than it's worth. If this car had 10 months MOT and found all the problems I did, I would've just scrapped it/broken it for spares and taken the loss (but then I wouldn't have bought a high mileage alfa with anything less than full MOT). But for this car to have failed an MOT 30 days ago with quite a comprehensive list of faults and then to appear for sale with a 10day old fresh year of MOT with the same faults still present, I believe that someone should be held to account over this. Firstly the MOT station for passing a dangerous car and secondly the seller who took it to auction in the full knowledge it should not have passed its MOT (assuming it was the registered keeper who put it up for sale). As I have already said, VOSA are very interested in this car and are in the process of arranging an inspection. Looking at what Sam has said, I may have some recourse on the seller should the MOT be confirmed as falsely passed. Either way I'll feel better knowing that VOSA will at the very least have a stern word with the MOT station. This isn't about me making a bad decision on a car, it's about someone deliberately setting out to rip someone off!

This is exactly why I'm hanging onto this car and chasing it up as far as I can. I want the garage/seller responsible for this dodgy car to be brought to justice. If I can reclaim some of my losses, all the better. And don't worry, I'll keep this thread updated!

Cheers sailor sam. First bit of good news is that VOSA are very interested in the car. They've got all my details and want to inspect the car. They are passing it onto the local enforcement team to arrange the inspection within the next 5 days. Once I get a verdict from them and they confirm foul play, I shall get in touch with the auction house to see if they can point me in the direction of the seller. I know they don't have to give me the details, but hopefully they will be kind. Failing that, the last registered keeper should be able to point me in the right direction. As for getting rid of the car... I can get a fair bit of my money back selling it as spares/repair with an honest description. So even if I cannot get all my money back, I will get some. I hope whoever is responsible for this dodgy motor is proud of the fact they've made a family of three (with another baby on the way) a little bit poorer! Thankfully we're in the position to be able to shrug this one off without too much trouble (buying from an auction was always going to be a gamble and I never gamble what I can't afford to lose), but others may not be so fortunate.

I've got the previous owners details on the V5 so he shouldn't be too hard to track down. As I say, I'll call up VOSA tomorrow and hopefully get them to inspect it and take it from there. Even it it doesn't give me grounds for a financial claim, the garage who issued the dodgy MOT could be facing a hefty fine and have their MOT licence revoked. I'll keep you posted! Cheers

Actually VOSA stipulate that they will inspect a vehicle suspected of having a false MOT provided it is within 6months of the pass for corrosion or 28days of the pass for all other problems and they can declare an MOT as false if they believe it was intentionally given a pass to deceive. They won't take any action on my behalf, but they will provide me with evidence to prove the MOT was falsely given... Which would then allow me to take further action. I just don't know who the action would be against. I know the MOT essentially only proves that it was roadworthy on that day and it could be the case that issues have arisen since it passed, but to find a whole list of problems (from VOSA) which the car failed on less than 1 month ago and to find these issues still there 10days after passing another MOT (carried out by a different garage to the first), I would put a fair bit of money on it being dodgy MOT to get the car shifted for a reasonable amount. I could just stick it through another auction, but that would mean knowingly selling an unroadworthy car to another poor victim. It feels depressingly horrible to be on the receiving end of this kind of unscrupulous behaviour, so why would I willingly inflict that upon someone else? I am also aware that auctions are a good way to save money buying cars. I've bought 7 cars so far through auctions over the last 10 years (this one being the 8th). 5 of them were excellent cars, one of them was a typical run it into the ground and scrap it for what I paid for it affair and one was a gamble that didn't pay off (only had 3 months MOT and was decrepit when I got it home. scrapped that one and thought nothing more of it). What has really got me this time is that I have been deliberately ripped off by someone who managed to get a dodgy MOT for a car which should not have passed. I don't mind chalking it up to experience when I have gambled and lost, but this is a bit too much for me to swallow.

Hi Sailor Sam, Thanks for the welcome. That link pretty much confirms what I said with regards to the auctioneers, in that all their lots are sold as seen. They have fulfilled their obligations and are not liable for this type of issue, which is why I was going to leave them out of it. HPI is completely clear for the car, not outstanding finance, claims or write-offs for the car. As the seller was a private individual and it was a second hand item, the goods do not by law have to be fit for purpose or of satisfactory quality. They do have to be described accurately though and if VOSA say the MOT was false, I'm wondering if that would give me grounds for taking this further. Not only that, mixed in with the paperwork is a receipt for parts that have supposedly been replaced on the day of the MOT. If these parts haven't been replaced, that again could count towards the vehicle not being as described.

Good evening everyone, I've browsed consumer action group in the past when looking for help on consumer rights and such, and as I found it such a goldmine of excellent advice and insight, I decided to sign up, share a tale of woe and seek some advice: I bought a car last friday, a 2003 alfa romeo 156 turismo. It came with a full years MOT and 6 months tax and I got it at what I thought was an excellent price, however, I fear that I may have bought more than I bargained for. I genuinely believe that it has a very suspect MOT, which was only issued to increase the value of the car. I need some advice on what action I can take, if indeed I can take any at all. The car passed its MOT on 10-01-12, expires 09-01-13. I bought it on 20-01-12. The car had only covered 103 miles from when it passed to me purchasing it. When I was driving it home, I noticed it didn't handle particularly well and I noticed a few clunks when going over bumps etc. I took it out again today (I was away all day yesterday, so didn't have chance to check it out then) and there is definitely something wrong with both the steering and the suspension. After a bit of digging on directgov, I found the car's MOT history and it turns out that it failed an MOT on 23-12-11 (1 month ago), with quite a long list of faults. I've checked over the list and quite a few of the points listed as reasons for failure are still present, despite the vehicle having passed an MOT at a different garage. Here's the history from directgov for the last 2 MOTs (with the names of the garages removed): Date of test: 23/12/2011 Certificate issue refused (Fail) Odometer reading: 154,202 Miles Test number: xxxxxxxxxx Test station name: Garage 1 Test station number: ******* Test station telephone number: ******* Test class: IV Reason(s) for refusal to issue Certificate Offside Front Drivers seat insecure (6.2.A.1) **DANGEROUS** (seat doesn't feel loose, but is way off centre and is angled to the left) Nearside Front Front position lamp(s) not working (1.1.A.3b) (still not working) Offside Front Front position lamp(s) not working (1.1.A.3b) (still not working) Nearside Rear Registration plate lamp not working (1.1.C.1d) (still not working) Offside Rear Registration plate lamp not working (1.1.C.1d) (still not working) Offside Front bulb insecure Headlamp aim aimed so that it dazzles other road users (1.8.A.1) (still not aimed correctly) Steering system excessively tight (2.2.D.1) (very stiff to steer, very very stiff at low speeds) Offside Front Front constant velocity joint gaiter split (2.5.C.1a) (haven't inspected this closely but doesn't look like a new part fitted) Nearside Rear Anti-roll bar linkage has excessive play in a ball joint (2.4.G.2) (loud clunks when going over bumps or creating body roll through braking/acceleration) Nearside Front Upper Suspension arm has excessive play in a pin/bush (2.4.G.2) (see above) Nearside Rear Brake pad(s) less than 1.5 mm thick (3.5.1g) (they don't look to have been replaced) Advisory Notice issued Nearside Front Anti-roll bar linkage has slight play in a ball joint (2.4.G.2) Nearside Front inner Anti-roll bar has slight play in a pin/bush (2.4.G.2) Offside Front inner Anti-roll bar has slight play in a pin/bush (2.4.G.2) Nearside Rear Tyre worn close to the legal limit (4.1.E.1) Oil leak -------------------------------------- Date of test: 10/01/2012 Certificate issued (Pass) Odometer reading: 154,316 Miles Test number: xxxxxxxxxxxx Test station name: Garage 2 Test station number: ******* Test station telephone number: ******* Test class: IV Test expiry date: 09/01/2013 Advisory Notice issued Nearside Front Suspension arm has slight play in a pin/bush (2.4.G.2) (Apparently part was replaced) Offside Front Suspension arm has slight play in a pin/bush (2.4.G.2) (Apparently part was replaced) Nearside Rear Anti-roll bar has slight play in a pin/bush (2.4.G.2) Nearside Rear Tyre worn close to the legal limit (4.1.E.1) (Apparently part was replaced) This completes the test history for the above vehicle as recorded on VOSA's MOT Computerisation Database On top of the failures which haven't been repaired, the car does not travel in a straight line and when you try to correct the steering by making a minor adjustment to the steering wheel, the car swerves dangerously in the direction you moved the steering wheel. It looks like I've bought a right lemon! I appreciate that the car has high mileage, but having had experience of the 1.9jtd alfa engines in the past, I had faith that this one has a good few miles left in it... The absolute sole reason I went for this car was because it came with a full 12 months MOT. If it had anything less than that, I wouldn't have touched it with a barge pole. To complicate matters even further, I didn't buy the car from the seller directly, I bought it from an auction house. I understand that as far as they are concerned, all sales are final and all cars are sold as seen, so I doubt I will even bother involving them in this issue. My first course of action will be to contact VOSA in the morning and get them to inspect the vehicle to confirm that it has been falsely given an MOT pass, but I don't know what to do from there. Do I contact the previous owner (who entered it for sale) or do I contact the MOT station who issued the dodgy MOT? Will I be entitled to a repair at their expense? A refund? or am I stuck with this lemon of a car? Having bought from auctions in the past, I was aware of the risks involved. I've bought cars before with a few months MOT and whilst most have been absolute diamonds in the rough, one was a total basket case (I scrapped it and cut my losses and took it as a gamble which didn't pay off). I'm reluctant to just cut my losses this time as I am outraged at the fact this car was sent for sale with a full (falsely issued) MOT in the knowledge that someone was going to get stitched up like a kipper. Surely I have some recourse on this should VOSA confirm my suspicions? Thank you for taking the time to read my post Drewmond