False/dodgy MOT **** RESOLVED ****

[MARTIN3030]

Martin, can you respond to my post #45 please. (well 45 atm at least!)

BTW, i havn't asked for any posts to be removed. Quite the opposite in fact.

 

Sorry that it took so long,but it has been looked at by a number of team members,which is the way that we believe will result in fair actions.

I do understand all that you say there,even though it could have been written with a little more tact.

When dealing with these issues we will always look at history,a members contributions,feedback and acceptance of their previous input-that is by far the obvious course to take.

We then look at the content of the issues at hand as you know,in many cases quotes of unapproved posts which include other comments often have to go as well.

My understanding is that the OP was here earlier last night,and probably was bemused to see what was following.

Since there is a consensus that it is now for the OP to decide and respond for themselves as to what is the best path to go down,it is perhaps better for everyone that further postings on here are left until the OP can do that.

 

As regards moderation or action against individual users,it is not something that the team discusses on the open forum,but can be assured that it remains an option for those who do not respond to warnings.

[ims21]

Further posts have now been removed.

 

Martin has already explained the process used when threads and posts are reviewed and we feel that this thread is now as "clean" as it can be.

 

It has also been mentioned that moderation is a last resort but something that remains available should it be needed.

 

We would ask that the OP now be allowed to consider the advice given and to continue to contribute the the thread.

 

We would also request that future posts are made within the rules and that posters now continue on the thread with the sole aim of assisting the OP and not in what we might call a flame war.

 

ims

[honeybee13]

As the site team have said, can we now refrain from further posting until the OP comes back.

 

Indeed, that's who we're here to help.

 

This thread is still on the radar, guys.

 

HB

[ims21]

One more post has been removed.

 

This thread has been pruned to remove antagonistic, abusive and irrelevant posts.

 

The team's review of the thread is now complete.

 

Please refrain from continuing to report posts on this thread as it now seems reports are being sent just to score points.

 

As we have said, moderation is a last resort but that will be the next action we take in this matter

 

ims21

[Drewmond]

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.

[Drewmond]

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!

[ims21]

Hi Drewmond

 

Sounds like an excellent result to me....congratulations.

 

I have changed the thread title accordingly.

 

ims

[MARTIN3030]

I genuinely believe it was an oversight on the part of one their mechanics

 

There is no room for mistakes or complacancy when it comes to a cars safety -thats the reason for the MOT test.

Looks like the garage understood the consequences of failing to deal.

You got nothing less than you should have had from the start,but it is good to hear that you have things sorted.