Potential Dodgy MOT outfit collaborating with seconhand car dealer

[GillyR]

I bought a car on Tuesday 28thAugust 2012 from a second-hand dealer. I had a few concerns regarding thevehicle at the time of purchase regarding the brakes, tyres & excessive noise when turning the steering wheel at full but was assured everything was in order, full MOT given and my concerns were merely due to the vehicle having been sat idle for 4 weeks. I immediately took the car to my local MOT testingstation and the repairs required are excessive to the amount of over £1000. In particular my local reputable MOT provider has noted an 'egg' tyre which they believe has been tampered with in order to disguise this serious issue in order to make a saleof the vehicle.

 

The MOT testing station that originally passed the vehicle is next door to thesales garage and they undertake all of the MOT’s for the second hand vehicles sold by the dealer.

 

What concerns me is how a vehicle that failed an MOT & then subsequently passed on the same day (27/07/2012) still has serious mechanical issues relating to the vehicle that were identified at the point of the initial ‘fail’ MOT on the27/7/2012. The vehicle was then classed as having a ‘pass’ MOT and sold with this. My local MOT provider has documented & identified the original ‘fail’ MOT issues still exist !!!!!

 

This vehicle was to be driven by my 18 year old daughter (a new driver) with an‘egg’ tyre that could have resulted in a serious road traffic accident; thank goodness I had the foresight to have the vehicle checked by a reputable MOT testing station on the very same day of the purchase.

 

I have contacted the dealer and they will not refund me for the vehicle which was only purchased 3 days ago and has not been driven since the purchase. I have also tried to call the original MOT Testing station several times but they will not take my calls!

 

I strongly believe the two parties are working incollaboration in order to pass off vehicles to unsuspecting customers when the vehicles are indeed not road worthy and I wish to have both companies investigated. These Companies are selling a lot of vehicles on a weekly basis and need to be investigated before a serious incident occurs!I have reported them to VOSA & awaiting their response & am also now contacting SOGA in order to obtain further advice.

 

Is there anything else I can do?

 

Details of the MOT that passed the vehicle are below and are taken from the government website facility to check vehicle MOT history…. Details regarding the vehicle & the MOT station have been removed at this stage due to potential legal reasons.

 

 

Date of test:

 

27/07/2012

 

Certificate issue refused (Fail)

 

Test class:

 

IV

 

Reason(s) for refusal to issue Certificate

 

Offside Rear Tyre tread depth below requirements of 1.6mm (4.1.E.1)

 

Nearside Front Anti-roll bar linkage ball joint dust cover insecure so that itno longer prevents the ingress of dirt (2.4.G.2)

 

Front brakes imbalanced (3.7.A.2d)

 

Advisory Notice issued

 

Front Brake pad(s) wearing thin (3.5.1g)

 

Offside Rear Shock absorber has a light misting of oil (2.7.3)

 

Front brake discs slightly worn

 

Movement in n/s front strut top when raised

 

 

 

Date of test:

 

27/07/2012

 

Certificate issued (Pass)

 

Test class:

 

IV

 

Test expiry date:

 

04/08/2013

 

Advisory Notice issued

 

Offside Rear Shock absorber has a light misting of oil (2.7.3)

 

Front brake discs slightly worn

 

Movement in n/s front strut top when raised

[BankFodder]

I think that there is a lesson here which is to be especially careful of buying cars from any garage where the MOT has been obtained from a testing station nearby. Even then there is no guarantee that these isn't some cosy little deal with some testing station the other side of town.

I do think that the best solution is for people to insist on a fresh MOT at a garage of their choosing. Of course, many dealers would not agree to this - but this should set alarm bells ringing.

Martin3030 from our sote team has advised me that Trading Standards are quite anxious to investigate these kinds of situations so long as they are informed quite quickly after the event.

I think that you should supply them with the details of your case along with the names of tohers affected by the same garage - as I understand that there are others.

 

For my part, I think that your best bet is to get your evidence together and to bring a county court claim. It is quick and easy and on the basis of what you have said here, you have a very high chance of success.

Once the names of the garage and the MOT station haven been cited in court documents and produced before the court, it then becomes possible to publish their names as well as the documents themselves.

Unfortunately, in the absence of this kind of "official backup" it is dangerous to publish names for fear of defamation attacks - and I admit that we have been obliged to ask user:GilyR to post the story with the names of the garage and Testing station removed for the moment.

 

If you would like to start a court action then we would be happy to suport you all the way.

[GillyR]

Thank you for your help to date, it has proved beneficial & I will explore all avenues & continue to pursue the inidividuals & build a strong case with factual evidence

[BankFodder]

Sounds to me as if you have all of the evidence you need. You just need to move on it now.

[rebel11]

Hi gilly

 

Here's some info:- http://www.oft.gov.uk/shared_oft/reports/676408/oft1241.pdf There's a flow chart on page 28.

[MARTIN3030]

http://www.tradingstandards.gov.uk/advice/problemswithvehicles-sum6.cfm

[GillyR]

Thank you for the replies & links given so far, appreciate all responses.

 

I have since contacted the dealer several times today & have been told the Owner will not be responding to me & all staff have been told NOT to speak to me regarding this issue and the owners response was & I quote is "he doesn't give a **** if you take legal proceedings & we hope you take it to the press cos we could do with more free publicity & sales.... goodluck sweetheart" !!!!!.

 

Having asked many times I've been given 3 different owners name, all of whom cannot be traced on any Google search. Some staff state they do NOT know who the owner or indeed their boss is.... What an idiot Ive been & believe it or not I'm actually a very savvy business woman.... Never again Will I make this mistake

 

I have since sent a very professional, factual & legislative email giving them the opportunity to rectify the problem prior to taking legal action but I wont hold my breath. The MOT Company still wont take my calls either. If both Companies are legitimate then there would be no need to avoid my calls nor state the above ridiculous comments..... Refussing to take my calls stinks & I think they may now be a little worried. This was never a witch hunt nor is it but I'm now even more determined to bring these individuals to justice and ensure that nobody else has to encounter such horrific treatment in the future!

 

If I win & at least receive most if not all of the money I paid for this defective vehicle then it's a double win all round. If not, I will accept I've been naive, 'had over' and most certainly continue to ensure that nobody else purchases a defective vehicle from this outlet.

 

There will only be one real looser & I have already commenced legal searches & advisory opinions based on the strong documentary evidence I have both against the dealer & MOT provider.... it doesnt look good for them & although it's going to be somwhat time consumming for me nobody should have to suffer this kind of operation & if all I achieve is preventing this from happening to someone else then I'll be really happy

[MARTIN3030]

Good to see who have the resolve and determination.Any legal action you take will not affect you taking it up with Trading Standards and visa versa.

[drop47]

I am really pleased that this is getting sorted. I think you have a very strong case. You go for it. I am sorry if i sounded harsh before it was only out of concern. That sort of sexist rubbish sweetheart has no place in any industry today.

[jowitch2]

I have found myself in almost the same position ..I will post a new thread to explain.

 

Thanks and good luck with your case.

 

Jo

[MARTIN3030]

Have you had any joy in getting any names ?

I did a few checks but didnt turn up a lot.

The same dealer also appears to have a web account with Auto Trader.