Sold car with dodgy fsh and cam belt change ...full mot

[jowitch2]

removed

Edited September 6, 2012 by jowitch2

[sailor sam]

Hi and welcome to CAG

 

I'm afraid by having the vehicle repaired elsewhere will prejudice your claim for the cost of repairs. The seller should be given reasonable opportunity to inspect and rectify in the first instance (I note that he told you to get it diagnosed yourself but it isn't clear that he has refused to rectify). From the time scale that you describe, the warranty would be irrelevant anyway.... the seller would be fully responsible. Also, it could be argued that by having the car repaired, you have excepted it. If you were considering rejection (and from your account, I would say you did have a good case), then you should not have had any work done to it.

 

Sorry but I think you will have an up hill struggle with this now although I do suggest you contact trading Standards (you now have to go through CAB) to see if they can possibly prove me wrong.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[jowitch2]

removed by owner

Edited September 6, 2012 by jowitch2

[jowitch2]

removed

Edited September 6, 2012 by jowitch2

[sailor sam]

Hi There

 

I am aware of that ...although I will be claiming I could not get it to them as it would not start reliably and I am not driving 60 miles in a unroadworthy car..there was no offer to pick it up...that I am not too bothered about though its more the fact I want a full refund and the car going back .....as it has a false service history which is also an offence they have broke the contract other the sale of goods act.

 

The repair does not affect the fact they have mis sold me a vehicle..oh and I only found out about the service history after I got the main fault repaired.

 

Thanks anyway

 

Jo

 

But you did have the option of rejecting it and telling the seller to come and collect it. Yes, it may of meant having to take him to court but I can see that happening anyway. Are you sure that you havn't been given the wrong service book by mistake? It has been known! You need to be sure that the car has in fact been deliberately miss-sold. Some traders are experts at finding loop holes and those who do normally know their way around the system so you will need firm proof. Do you have a copy of any advertising relating to your car for example? And what about the MOT history... are there any advisory's?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[jowitch2]

removed

Edited September 6, 2012 by jowitch2

[jowitch2]

May I add the issue is no longer with any repair that was needed ....that was purely the event that led me to finding out the car has a false service history ....and a potentially incorrectly issued MOT..this will the basis of my case against the dealer. I have owned it just over a week and as you have 6 months in which to dispute sale of goods then I am also well within the time scale ...as he has now refused to accept 2 recorded delivery letters from me which I have printed off the details from Royal Mail then I am sure I will have to take him to court but so be it ..it appears he is making a rod for his own back ..I also have a record of the calls made to him just in case he decides to go down the ' she never told me anything ' route .

 

Thanks for your replies though ..much appreicated.

[heliosuk]

May I add the issue is no longer with any repair that was needed ....that was purely the event that led me to finding out the car has a false service history ....and a potentially incorrectly issued MOT..this will the basis of my case against the dealer. I have owned it just over a week and as you have 6 months in which to dispute sale of goods then I am also well within the time scale ...as he has now refused to accept 2 recorded delivery letters from me which I have printed off the details from Royal Mail then I am sure I will have to take him to court but so be it ..it appears he is making a rod for his own back ..I also have a record of the calls made to him just in case he decides to go down the ' she never told me anything ' route .

 

Thanks for your replies though ..much appreicated.

 

Actually your'e not exactly correct here. The 6months you mention is the time it is "assumed" the faults were present at the time of sale and the dealer would have to prove they were not. After this the onus is on the buyer to prove they were there at the point of sale. Also you do not have a 6 month time limit.......it is infact 6 years but your rights and the way these things are worked out diminish over time.....however you would still have the right tobring an action.

 

The big issue here is that by allowing a third party to repair the car, the dealer has a get out of jail card ( though not for free). The MoT in relaity won't be held as a major issue as is only really valid at the time the test was done. VOSA might have a looksie but it will probably only be for data/evidence gathering. They cannot prove either way whether the MoT is dodgy or not as they are not present at the time of test.

 

The best bet and only one that seems solid in your post is the service history so I'd take that route myself. Mis describing is very different from the other points you mention.

[jowitch2]

Actually your'e not exactly correct here. The 6months you mention is the time it is "assumed" the faults were present at the time of sale and the dealer would have to prove they were not. After this the onus is on the buyer to prove they were there at the point of sale. Also you do not have a 6 month time limit.......it is infact 6 years but your rights and the way these things are worked out diminish over time.....however you would still have the right tobring an action.

 

The big issue here is that by allowing a third party to repair the car, the dealer has a get out of jail card ( though not for free). The MoT in relaity won't be held as a major issue as is only really valid at the time the test was done. VOSA might have a looksie but it will probably only be for data/evidence gathering. They cannot prove either way whether the MoT is dodgy or not as they are not present at the time of test.

 

The best bet and only one that seems solid in your post is the service history so I'd take that route myself. Mis describing is very different from the other points you mention.

 

Hi

 

Thanks once again ....all these positive vibes are just too much .....yep I know the 6 months rule is for faults etc etc I have read the whole sale of goods act 1979 and more ...as i have only had it a week I still have rights to return for full refund .....purely on mis selling ..lets forget the faults and I know about getting it repaired etc I looked into before I did so that issue is not really my point here ..I was willing to stand that as was going to keep the car until I found out about dodgy mots and service history ..........the mot should not have gone through as the boot has been split for at least the last year ....and the mot was done last week by a garage near to the dealer .....hence I am having it checked out .....anyways I have enough on my plate now without keep repeating myself here but thanks for the replies .....i think

Edited September 6, 2012 by jowitch2
additional info

[jowitch2]

FYI in case anyone else is in this position ever : VOSA

 

Dear Sir/Madam,

 

Thank you for your email enquiry dated 4th September 2012, concerning an

MOT.

 

If you believe that the vehicle should not have passed its MOT, then you

can appeal against the issue of the certificate, provided that the appeal

is lodged within 28 days of the date of issue of the certificate for

mechanical defects, or 3 months for corrosion-related defects.

 

You will need to contact us on 0300 123 9000. You should have the

certificate with you when you call as we will require information from it,

and the vehicle should be in substantially the same condition as when

tested. We cannot take an appeal if items have been repaired or replaced,

even if you have the original items. (Please note that as tyres and road

wheels are easily changed, we cannot guarantee that they were on the

vehicle at the time of test, and therefore cannot take an appeal solely on

these items.)

 

We will then pass the details to your nearest VOSA Office who will then

contact you with their decision on whether the vehicle can be re-examined.

If appropriate, they will arrange a date, time and location for a VOSA

Vehicle Examiner to retest the vehicle. If in their opinion the vehicle

should not have been issued with a certificate, then appropriate action

will be taken against the garage and tester. However, VOSA cannot

authorise any compensation or remuneration as a result of any dispute

arising from this procedure, as this would be a civil matter between

yourselves and the garage.

 

If your unable to go through the appeals process because you are either

outside of the time limit or have had your vehicle repaired, we will pass

on the details you have provided to the Regional Intelligence Unit who may

use this information for further investigation.

 

I hope this information has assisted you with your enquiry, but if you have

any further questions please do not hesitate to contact us again.

 

Kind Regards

 

Rebecca

Customer Service Centre

VOSA Operations Directorate

Tel: 0300 123 9000

 

The staff at the VOSA Contact Centre are keen to hear your feedback on the

service that they provide for you,to enable them to further understand

customer requirements and make improvements where possible. Please take a

few moments to complete our Contact Centre Customer Feedback form by