Rights after car MOT'd incorrectly **I WON!!**

[aw6188]

Hi all,

 

Had my car (oldish worth

 

It failed on front brake imbalance, and corroded/worn discs on the front.

 

Garages quote was extortionate (when isnt it ) so I got somewhere else to do the work at a 1/3 of the price.

 

Car was in today for another MOT as it exceeded the retest deadline, and it has failed.

 

I turned up at the garage, they said the rear brakes were shot and needed replacing, I asked why this wasnt picked up on 1st test & they tried fobbing me off that:

 

1st answer - I had broke it driving it to/from the garage

2nd answer - It had broke on my drive

3rd answer - the mechanic who fitted front brakes broke it

 

So the garage showed me on rolling road that the rear right brake wasnt stopping the wheel, whereas the left was. He didnt know why without taking the wheel off etc. He showed me the readings on the computer and said that was a fail.

 

I then asked to see the results from the first test which he uhm'd and ah'd about because it was going to take him "forever".

 

When he found them, he found that the 1st tester has since been sacked, and on the first test he had found the right rear brake was faulty - had recorded it on his test sheet but not transferred to the MOT refusal form which I was given.

 

I was therefore only quoted for work to the front brakes.

 

The guy changed from me being at fault to being apologetic at this point and has said he will "sort it" whatever that means.

 

Question is - where do I stand?

 

The car being worth what it is, I have already paid out for 2 x MOT's, front discs/pads fitted, amongst other bits and bobs & the tax is due at the end of the month. If this repair costs another £50 - £100 (which knowing the garage quote it will be!) I would have originally considered scrapping the car and getting something else.

 

I have therefore wasted the front discs/pads and an MOT if this is the case.

 

Having all the work done at the same time would have also cost me less than having two visits.

 

Are they liable to fix this issue, or anything like that?

 

My main worry is if I had taken it back during the retest period, would they have passed it and only tested "the fault" which was front brakes.

 

Thanks in advance.

[GrahamMcLean]

Essentially the MOT test only tests the items on that specific day.

 

It could be a brake lever or cable has now seized in the intervening time.

 

Had it gone back within the retest period only the failure items would be inspected and a partial retest fee applied.

 

To answer the question, no they are not liable to do anything.

[dx100uk]

Essentially the MOT test only tests the items on that specific day.

 

It could be a brake lever or cable has now seized in the intervening time.

 

Had it gone back within the retest period only the failure items would be inspected and a partial retest fee applied.

 

To answer the question, no they are not liable to do anything.

 

so says a motor trader

 

urm.......

 

 

dx

[oddjobbob]

Graham (above) isn't wrong, except that they've already said it was faulty on the first test.

 

 

To be fair all round they should fix the rear brake problem for you with free labour and you buy the parts - you can't expect 'betterment' ie the car to be better than it was with brand new parts fitted over your existing secondhand ones.

 

 

Rear brakes often seize and its not normally a big job to free them off

[GrahamMcLean]

so says a motor trader

 

urm.......

 

 

dx

 

I am indeed a member of the motor trade. I started on the tools before I even left school. I have worked hard and make a reasonable living doing often 60 or 70 hours a week.

 

With this in mind wouldn't it perhaps imply I know the rules, laws and different legislation regarding motor trading better than most? Why is my response to the question, which is exactly what the MOT test certificate & VOSA will confirm, being met with derision?

[SabreSheep]

there does seem to be something amiss in the paperwork there

 

"When he found them, he found that the 1st tester has since been sacked, and on the first test he had found the right rear brake was faulty - had recorded it on his test sheet but not transferred to the MOT refusal form which I was given."

[SabreSheep]

"Should the vehicle fail, you will be issued with a VT3O Certificate stating the items causing the failure of the MOT test. Make sure that you are clear as to what rectification is required for a pass to be issued. In certain cases expert or special services may be required regarding emissions or welding."

 

It appears this was not completed properly.

 

Id be asking for a free retest at least.

[GrahamMcLean]

there does seem to be something amiss in the paperwork there

 

 

 

I agree it is odd. But MOT testers like everyone else are human. He may of missed adding it to the VT30 by mistake. It could also be that whoever you spoke to on the day of the current test was giving the OP some flannel to get rid of him.

 

But whatever way it is dressed up. On the day the car was presented for a full test, The rear brake wasn't operating on one side. It wasn't submitted for a retest.

[oddjobbob]

I am indeed a member of the motor trade. I started on the tools before I even left school. I have worked hard and make a reasonable living doing often 60 or 70 hours a week.

 

With this in mind wouldn't it perhaps imply I know the rules, laws and different legislation regarding motor trading better than most? Why is my response to the question, which is exactly what the MOT test certificate & VOSA will confirm, being met with derision?

 

 

 

As former motor dealer myself Graham I can tell you that the 'opposing' view is not always liked on here, but, hey ho, its a public forum, so why not?

 

 

There is a tendency on here for many posters attitude to posters with motortrade problems to say 'SOGA is the way forward, take them to court, you'll win' etc.

 

 

Which is far from being the way forward all the time.

 

 

The car trade has a very poor reputation, and this was rightly deserved in many cases: but the schemers and crooks don't last long, although new ones do spring up. Any motor dealer worth his salt knows that the trick to a successful business is REPEAT business: that's true from the bloke that cleans your windows to apple computers. Sadly the charlatans in the motor trade don't see it this way. There are as many crooks among the general public who will try and part exchange a car with a buggered gearbox / engine etc without telling you, I could give loads of examples.

 

 

Anyway often the best way forward is to negotiate quietly and decently with whoever is involved and be sensible and fair about the outcome.

 

 

Unfortunately nothing today is ever viewed as being your own fault. Commonsense should tell you that if you pay £995 for a car that is now 18 years old and originally cost £22000 then it won't be like new. But some buyers expect it to be so. (although it should be roadworthy, unless sold for spares and repair)

 

 

Also you were quite correct, it does state all over an MOT that it is only valid on the day.

[aw6188]

Good news is....

 

"Sort it" meant - taking wheel off, finding the wheel cylinder had failed & was leaking brake fluid on the shoes.

 

Brake shoes replaced both sides, wheel cylinder replaced both sides, car retested.... all free of charge as a 'goodwill gesture'

 

Result

[dx100uk]

hey well done

 

dx

[GrahamMcLean]

Glad you got such a nice result OP. Kudos also to the garage for going above and beyond. Perhaps the forum will let you name the garage? Sounds as if they deserve praise.

 

Nice to hear such a sensible statement oddjobbob. Sadly especially now in the days of the internet, we hear of the tales of woe and how bad motor traders are. But in reality people will gladly complain to all and sundry about bad service but reluctant to highlight good service. The truth is the vast majority are more than fair to deal with. As you say if they weren't they wouldn't be in business long.