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MOT pass with broken spring

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There are a few issues here, but I'll try explain it all.

 

I recently purchased a 2003 Toyota Celica from a private seller. When viewing the car I said I was concerned that the MOT expired soon, so when I made an offer, I made it conditional on passing a new MOT.

 

The seller had this done last week, and I took possession of the car on Friday (23/07). Earlier this week, I noticed a knocking noise occasionally coming from the car when going over speedbumps and have now had the car checked out at the local garage.

 

The mechanic tells me that the near-side front spring is broken and rusting indicates that this happened some time ago.

 

A few more facts:

- The garage the MOT was done at, is owned by a mate of the seller

- Eibach Pro lowered springs were put on the car only 6 months ago (according to the seller)

 

If anyone is able to advise as to whether I have any recourse against:

a) the seller

b) the MOT garage

 

And what would be the best way to go about this?

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Not sure about recourse, but changing springs is a dead easy job.

 

Changed mine a few weeks back - cost £30 all in.


Warning: Freemen of the Land Operate here. Think twice before accepting 'legal advice'.

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Not sure about recourse, but changing springs is a dead easy job.

 

Changed mine a few weeks back - cost £30 all in.

 

Unfortunately, the Eibach Pro spring will cost about £200 with labour. Apart from that, I'm concerned that the MOT was just never done and his mate just signed a certificate without testing the car. If that were the case, there could be lots more wrong with the car.

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You have 28 days to report to VOSA that you think the car shouldn't have passed the MOT - if they think you have due cause, they will arrange for one of their own testers to retest thecar - only downside is that you have to pay for the retest

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The other downside is that, as I understand it, VOSA will only retest the car if it has not been removed from the testing premesis.

 

This is the major problem with vehicle testing in the UK. If it was done like commercial vehicles are then this sort of issue would not occur.

 

However the good news is that the dealer is responsible for putting right the defect So go back and insist under SOGA that they do. Alternatively, get an independant test done yourself and take the fails back to the dealer and tell them to suck on that, what are they going to do about it.

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HeliosUK

 

No that's not correct - you have 28 days on mechanical defects and 3 months on corrosion defects after the test has takem place and obviously you are going to have used the vehiicle in that time - cost of a retest is cheaper than an independent inspection, and don't forget this is a private sale so no SOGA

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Two observations, it is impossible to test a car without it being present, as the new MoT tracking system needs to check parameters like emissions and rolling road tests that are logged as part of the test to the testers ID. Springs require a visual check, and could have been missed, but I've seen rust appear within 48 hours, so I really doubt you could with this.

 

If you've taken the MoT as an alternative to your own visual inspection, you've got nobody to blame but the obvious one! I doubt VOSA will pursue this, only note it.

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