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2nd hand car suspected false MOT


Jazman23
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Hi guys, I was wondering if anyone can offer any advice on what to do with my situation.

 

On 11th Sept 2016 I bought a used car from a dealer for £1.9k (I got £100 knocked off for a ripped wall in tyre).

 

The car runs fine and starts every time. It's worth noting that the car was part ex to clear and sold as seen with no warranty (I wasn't made aware it was sold as seen until the deal). I noticed when I was driving it home that it gets shakey from 60mph onwards but doesn't feed back through the steering. Also there is a rattle from the back that I'm trying to get to the bottom of.

 

Also on the dash is an error light, this light was on when I test drove the car but it thought it was just a notification that the auto headlights were enabled.

 

Upon inspection this weekend I've discovered that the error light says that the automatic headlight leveling is malfunctioning. The car has xenon lights so this is all requirement.

 

As a result I'm not too sure that the MOT is legitimate. The dealership told me that the MOT was Carried out as standard and failed due to suspension being worn down at the rear. They said they put £250 into fixing this and then passed its MOT on the 7th September 2016, 4 days before I bought the car.

 

My concern is that the this error light was on when I bought the car so how could it have passed its MOT? I've looked for sensors on the rear axles that its supposed to have for the auto leveling but can't find them which makes me think part of the system is missing.

 

I don't have a copy of the MOT certificate and the dealer is 50 miles away. I phoned them to ask them to send me a copy of the certificate and was told to just go online and print off a copy, but you can't do that.

 

I'd welcome any suggestions on what to do next. Where do I stand?

 

I think I've bought a second hand car with a false MOT, also the auto leveling system is an expensive fix from what I can tell which is not what I want to be spending on a 9 year old used car. Am I within rights to take the car back for a refund or get them to look into the issues even though it was sold as seen?

 

Thanks in advance for any advice, if you need more information let me know and I'll do it my best

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You can't print the mot certificate, but you can check if the mot has been done and any advisory here:

 

https://www.gov.uk/check-mot-history

 

Sold as seen from a car dealer???

He lives in another country, not such thing exists in UK.

 

It is perfectly possible that the car passed the mot with the headlights warning light on the dash.

As long as the beam is within range when they measure it, the mot centre won't care that the auto-levelling system works or not.

In fact, on older car where this system has failed and it would be uneconomical to repair, the headlights are manually adjusted and fixed into position.

Why did you take his word about the mot?

Maybe there's no mot at all.

Check it out and let us know please

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Thanks for the response.

 

IF a car has Xenon lights then it is apparently a legal requirement that they have functioning auto leveling as well as headlight washers from what i've read.

 

I took his word about the MOT because I checked the online MOT History of the car before I bought it. The previous MOT failed and the reasons he told me matched the history and certificate in the paperwork. The current MOT only had an advisory for worn tyre.

 

If sold as Seen means nothing in the UK, does this mean I'd be able to take it back for a refund if it turns out to be an issue?

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As long as the beam is within range when they measure it, the mot centre won't care that the auto-levelling system works or not.

 

THIS ^^^^^^

 

IF a car has Xenon lights then it is apparently a legal requirement that they have functioning auto leveling as well as headlight washers from what i've read.

 

NOT THIS ^^^^^

 

I'd like to know where you read it. As far as i am aware, as long as the dip and main beams point in the right direction then its a pass.

 

TBQH if that's the only fault on a £1900 car i'd say you did very well.

 

Sold as seen means nothing...but the headlight levelling n/w is not a valid reason for rejection at £1900 in my opinion.

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I read it while looking for a solution on the Mazda Forums, a few people with the same error code stated that it was a legal requirement, so I didn't read anything official that said it was.

 

It's not the only issue with the car, but in my eyes it was the most serious as from all the information I'd read I was under the impression i'd end up needing to spend a lot of money if it was an MOT failure and was worried I was driving around a car on a dodgy MOT, I would have only considered Rejection if i'd been mislead

 

But these responses have opened my eyes a bit so I'm a bit clearer / wiser now

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just for want of info

within 14 days you don't need any reason to return any item

see CRA

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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IF a car has Xenon lights then it is apparently a legal requirement that they have functioning auto leveling as well as headlight washers from what i've read.

 

No. Not for Xenon but for High Intensity Discharge (HID) lights - if washers and leveling is fitted on the vehicle it must work.

 

Second item on this page of the Testers Manual http://www.motuk.co.uk/manual_170.htm

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So I've had my car checked out. Garage reckons there are no MOT failing faults.

 

However the work that was done in the last MOT seems to have been a botched job.

 

Rear anti roll bar is second hand and insulation tape as been used to pad out the bushes to reduce play. Whole lot needs to be replaced... and adding 2 new tyres on top of that as well as Air con needs fixing.. :-(

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Actually, it's due to the way the law is written. Vehicles in England and Wales MAY have headlamp washers and a self levelling system where Xenon HID lights are fitted which exceeds 2,000 lumens of light, which MUST be operative if fitted with such a system.

 

In Northern Ireland, the regulations stipulate that a vehicle MUST be fitted with headlight washers and a self levelling system if Xenon HID lights are fitted.

 

A very experienced mechanic who I worked with has been carrying out MOT's for many years, and said the above information is correct.

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Guest roaringmouse

Tape to pad out bushes is unacceptable. The onus is on the selling garage to ensure the car is roadworthy AT THE TIME OF SALE. If they bought it with an MoT it does not release them from their legal responsibility. Tape to pad out a bush is in my opinion dangerous as the tape will break down and fail, leaving a loose bush thus effecting the handling of the car and unlike just a bush failing which would normally happen over time, tape will fail quickly and at motorway speeds a loos bush could seriously effect handling.

 

REJECT THE CAR as defective and not of reasonable quality and not fit for purpose. They will tell you that you cannot, but trust me you can - I did so on two cars from dealers last year. One gave in and refunded me instantly, the other resisted until they got the letter before action and trust me I made it crystal clear that I would take them to court and then arrange for Lawrence Grix (The Sheriffs are coming) to collect my money. I got a full refund in cash when they collected the unroadworthy car.

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