Doctored MOT certificate

[chiefmegawatty]

I recently bought a second hand car from a private seller.

 

I agreed with the seller that I bought the car "sold as seen".

 

I therefore fully accept that any problems with the car are my responsibility.

 

However I later discovered that the MOT certificate had been doctored.

 

Advisories had been erased.

 

The erased advisory stated smoking exhaust/engine worn.

 

The car has just failed it's MOT on exhaust emissions.

 

I contacted VOSA and Trading Standards regarding being given a doctored MOT certificate by the seller.

They both said that they cannot help me.

 

Do I have any legal comeback against the seller?

[DragonFly1967]

Well, as you have the "doctored" MOT certificate, you could make enquiries at your local police station. If you can get them interested, the seller might be looking at a charge of fraud in either of the following two categories...

 

Fraud by false representation (Section 2, Fraud Act 2006) or

Fraud by failure to disclose information when there is a legal duty to do so (Section 3, Fraud Act 2006).

 

Out of interest, how had they erased the advisories? Could it be that what you've actually been given is a scanned (and edited) copy of the original MOT? In which case the seller could be looking at an additional charge of Using a false instrument (Section 3, Forgery and Counterfeiting Act 1981) which carries a maximum sentence of 10 years.

[chiefmegawatty]

Well, as you have the "doctored" MOT certificate, you could make enquiries at your local police station. If you can get them interested, the seller might be looking at a charge of fraud in either of the following two categories...

 

Fraud by false representation (Section 2, Fraud Act 2006) or

Fraud by failure to disclose information when there is a legal duty to do so (Section 3, Fraud Act 2006).

 

 

Out of interest, how had they erased the advisories? Could it be that what you've actually been given is a scanned (and edited) copy of the original MOT? In which case the seller could be looking at an additional charge of Using a false instrument (Section 3, Forgery and Counterfeiting Act 1981) which carries a maximum sentence of 10 years.

 

The doctored MOT certificate turned out to be a photocopy with the advisory removed.

 

Strangely the MOT was valid despite the serious advisory being removed.

 

I therefore also suspect that the MOT was a bent MOT.

 

Interesting to note that the suspect MOT was carried out before the seller owned the car.

 

However, the seller gave me a servicing receipt for a service that was carried out when he did own the car.

 

I later discovered that the service was never carried out. I therefore suspect that the seller was using deception.

[DragonFly1967]

I'd certainly be tempted to pop into your local police station then chiefmegawatty. It might not get you anywhere as I can see it might be difficult (if not impossible) to prove who's done what, but it's got to be worth an ask at the very least. You certainly won't be any worse off.

[chiefmegawatty]

I'd certainly be tempted to pop into your local police station then chiefmegawatty. It might not get you anywhere as I can see it might be difficult (if not impossible) to prove who's done what, but it's got to be worth an ask at the very least. You certainly won't be any worse off.

 

Thanks DragonFly for your good kind advice. I will ring 101 and report this.

I will report back any result I obtain.

Should the Police decline to help me I will tell them that I intend to sell second hand cars with doctored MOT

certificates and not expect any comebacks from the law.

[DragonFly1967]

Should the Police decline to help me I will tell them that I intend to sell second hand cars with doctored MOT certificates and not expect any comebacks from the law.

 

As tempting as saying that might be, IMHO, I'd gloss over that part

[j66]

The doctored MOT certificate turned out to be a photocopy with the advisory removed.

 

Strangely the MOT was valid despite the serious advisory being removed.

 

I therefore also suspect that the MOT was a bent MOT.

 

An advisory is just that, the MOT will be valid either way with or without it. It's doubtful that the MOT is bent, compare the receipt style certificate to the actual MOT result stored in the database. It's quite easy to photocopy a 'certificate' with a bit of white paper covering the advisory section. It's more likely that the seller is of dubious integrity.

[chiefmegawatty]

The advisory was smoking exhaust / engine worn so it would have failed the emission test. Anyway, I have just reported all details to the Police.

They are going to get Action Fraud to contact me.

In the fairly recent past I have contacted Action Fraud on another issue and

never heard anything since. I am therefore not holding my breath.

[rebel11]

Contact CAB, see if they are willing to pass the matter on to Trading Standards to investigate.

[chiefmegawatty]

I did ring Trading Standards last week concerning this issue. They said they don't deal with this type of problem.

They told me to contact the CAB. I also contacted VOSA who told me to contact Trading Standards.

[j66]

The advisory was smoking exhaust / engine worn so it would have failed the emission test. Anyway, I have just reported all details to the Police.

.

 

It should have been given an emissions test (spark ignition) or smoke test (compression ignition), as it passed the MOT it must have passed the emission/smoke test. I can't see how you can make the judgement that it would fail such a test purely based on an advisory.

[chiefmegawatty]

A petrol engined car that's burning oil won't pass an emissions test.

I recently had the car MOT tested and it failed the emissions test due to smoking exhaust.

The car has done very few miles since it's previous MOT which is why I suspect the previous MOT was bent.

The seller erasing the advisories from the MOT certificate is a sure indication that deception has been employed.

[ericsbrother]

wont make any difference to the car per se but will get the seller a criminal conviction if the police follow it through fully. The car passed it MOT so it was for for driving that day. Doesnt mean it would pass the next day or a month later.

How did you see the car advertised? I would take a bet on the seller has sold a few cars over the past year or so and is thus a trader and then open to other sanctions. you can look into the history a little, for example, how long did he own the car for? Obviously less than a year but was it 11 months or only a month?

[chiefmegawatty]

The seller owned the car for two months. The car was advertised on a Facebook group. The Police have failed to get back to me so nothing will happen.

[rebel11]

Where the police are concerned, you need to chase them up, if they aren't responding, escalate your complaint. Keep on doing that until they respond.

 

 

The seller owned the car for two months. The car was advertised on a Facebook group. The Police have failed to get back to me so nothing will happen.

[chiefmegawatty]

I spoke to the Police who said that it isn't a Police matter and therefore cannot

persue the matter. Thay also said that Trading Standards could only help me if I had bought the vehicle from a car dealer. I have to accept my loss and be more careful in future.

So there we have it, if anyone wants to make money selling cars with doctored MOT's, then go ahead. The law will leave you alone and let you get on with it.

The "crime doesn't pay" principle doesn't apply because doctoring MOT's obviously isn't a crime.

Therefore if you wish to sell a car that has a valid MOT with advisories, photocopy the document and blank out the advisories to get a better price.

[Conniff]

Go to any MoT station and for tenner you can get a copy of the complete MoT certificate.

If you think you can prove that it was the seller that altered the certificate, then you can sue for you money back if he refuses to refund.

 

 

Getting proof will be the tricky part.

 

 

How was the car described as mis-description is the only real chance of getting redress in a private sale.

[chiefmegawatty]

I can't prove that the seller doctored the MOT certificate. The car was advertised as mechanically sound, whatever that means. In my mind "mechanically sound" means there is nothing mechanically wrong with the vehicle.

[Conniff]

What's the mileage shown on the clock?

 

 

That would be a fair description. Try an additive and change the airfilter see how that goes.

[chiefmegawatty]

Mileage is genuine at 82K. Oil additives will thicken-up the oil to reduce oil burning for a short while.

I replaced the air filter which didn't help the emissions.

[Conniff]

I didn't mean an additive that just thickens the oil, one that purports to clean out the gunge.

 

 

Next suggestion is buy a set of cord rings and get out the spanners.

[chiefmegawatty]

I don't know what cord rings are. Do you mean piston rings?

[Conniff]

I don't know what cord rings are. Do you mean piston rings?

 

 

Yes, piston rings with a special oil control ring. It really is prudent though, especially at that mileage, to start with the cheapest and that would be additives that clean the engine and remove carbon.

 

 

Replacing piston rings is not a small job and shouldn't be taken lightly, rings are very brittle and can break very easily.

Edited September 8, 2014 by Conniff

[heliosuk]

How much oil is it burning and as usual what car and what engine?

[chiefmegawatty]

About 1 litre every 400 miles. Car is a Ford Mondeo 2 litre petrol with the

Duratec engine.