Possible Fraudulent MOT and dishonest dealer | Motoring discussion | Back Room Forum

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Sun 5 Mar 2023 23:30

Possible Fraudulent MOT and dishonest dealer - Maya J

I recently purchased a used car from an independent dealer, and gave my old car as part exchange. Prior to picking up the car, the salesperson assured me that all issues with the car would be resolved, including a non-functioning windscreen washer and a missing parking sensor. New MOT and Service will also be done before I pick up it.

When I picked up the car a week later, they gave me a fresh MOT certificate and a Service invoice stating Oil and Filter service performed. The parking sensor had not been fixed and I was told it hasn't arrived yet. We agreed that I will contact them next week for the sensor, they offered to take the car provide a replacement car or send one to my location, as I live an hour away from the dealership, in a different city.

On the way home, I discovered that the windscreen washer was still not working and later on I realized the oil was old and dirty. I contacted them as soon as I got home and was told that screenwash is probably empty and I should fill it up. Even after adding new screenwash the washers didn't work and I am not sure how did it pass the MOT. I contacted the aftersales person and told him I can come next weekend for the sensor and he said we can talk about the other issues later.

Upon returning to the dealership after a week, I gave them my car keys for the sensor. After a while I was informed that the car I had given as part exchange was faulty and they wanted to return it to me. This was the first time I had heard of any issues with my old car. I insisted that the car was fine and I even drove it to their dealership twice in the previous week, covering a distance of almost 200 miles, without any issues.

They tried to guilt me into taking my old car back and even said that both cars have issues so we want to undo the deal, to which I declined as I wanted a bigger car and wasn't sure what did they do to my car. Eventually, they agreed to fix the sensor. However, they refused to fix the other issues with the new car, including the faulty windscreen washer. I have a feeling they somehow cheated the MOT system.

They also said that I will be told what are the costs to fix my old car and then its up to me what I want to do. I don't think I am at fault here, I even asked the sales guy to check the car but he just had a look from the outside, and on my insistence checked the service history.

As a newcomer to the UK, I am unsure of my options in this situation. I have been advised to email the dealership with a list of issues and request that they be fixed in my city, or to have the repairs done myself and send them the invoice. If they do not pay, I have been told to pursue legal action in Small Claims Court.

Could you please advise me on my options in this matter? Thank you.

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Mon 6 Mar 2023 07:39

Possible Fraudulent MOT and dishonest dealer - badbusdriver

What make, model and age was your new car?, and the same for your old one?

Re your old one, what problems were you aware of?

Without knowing the answers to these, it is difficult to say what you should do. That is not the same as the legal questions re windscreen washers and whether or not the new car should have passed its MOT.

My gut feeling though, is that you may have had a lucky escape. Depending also on what the new car was, I might also suggest starting a new thread asking what car you should buy. There are many makes and models who's reliability is not really that great and which only becomes worse through age and number of owners. It really is a minefield, so you need to tread very carefully.

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Mon 6 Mar 2023 08:39

Possible Fraudulent MOT and dishonest dealer - Adampr

You are legally (depending on when you bought the car) within your rights to return the car and receive a full refund. The condition of the car your part-exhanged is irrelevant as it's a private sale. Your refund should be the full value of the car you bought. There's a good summary here.

www.thecarexpert.co.uk/rejecting-a-car/

In reality, you need to be careful as a dealer may allow you to take them to court and win the case, as they simply close the business and reopen with a new name. You end up winning the case, but they have no assets so you get no refund and have to pay legal fees.

I think I would ask for a refund. If you get nowhere, ask for your old car and to price you paid back immediately. Given their record to date, I don't think court would be productive.

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Mon 6 Mar 2023 09:01

Possible Fraudulent MOT and dishonest dealer - John F

Living an hour away in a different city is the practical problem here. You clearly don't want the old car and your new car has what should be easily fixable problems. If you can hear the washer pump motor working it's probably just a blockage - either at all the outlet nipples (unlikely), or an accumulation of gunge on the uptake filter in the washer bottle. If you can't hear the motor, check the fuse. if the fuse is intact, check the connections. If they are OK, you will probably need a new motor.

It should not have passed the MoT but you will get nowhere by pursuing this as they will argue that it was working when they tested it. If your local dealer is part of the same outfit they should help you by liaising with the vendor and repairing the car locally. I hope this is your first and last experience of 'perfidious Albion' .......but doubt it.

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Tue 7 Mar 2023 00:02

Possible Fraudulent MOT and dishonest dealer - Maya J

Thank you!

I know they are small issues, I just feel like instead of keeping their promises, they try to get out of it and reverse the deal. Doesn't feel very professional and I am also scared what else may be wrong with the car I bought..

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Tue 7 Mar 2023 12:20

Possible Fraudulent MOT and dishonest dealer - HGV ~ P Valentine

Maya, there are a lot of cowboy dealers out there, after this experience I would not let this garage anywhere near your car, I can tell you what I think has happened.

In the old days garages used to take out the good parts from a customers car, put in crap parts and then sell the good parts on the side, it sounds to me like this garage as done exactly that, which would explain why the problems only started after they got your old car. I would suggest you go on Facebook and see if they have a page that you can tell your story to the people and socially embarrass them, trust me it works.

The MOT should never be done by an unknown garage, I know of someone I met a long time ago in Milton Keynes who told me that he had a mate who done MOT legally and above board, but would pass his mates cars for £50, he went on to tell me that his mate had passed cars with lights that did not work, brakes that where below part etc

When I buy a car I GO ON THE MOT CHECKER gov web site, not the non gov ones, that shows all the mot history going back the last 15 years, when I phoned up someone selling the car and asked if they had fixed all the things in the last mot he said no. I called because the last mot was clean but the 2 previous ones where not.

I can tell you that, it is actually points on your license if the screen wash only has water, is empty or does not work. And, if the mot had be done properly it would have failed its mot.

Check the MOT history of a vehicle - GOV.UK (www.gov.uk)

Edited by HGV ~ P Valentine on 07/03/2023 at 12:22

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Tue 7 Mar 2023 14:18

Possible Fraudulent MOT and dishonest dealer - bathtub tom

I can tell you that, it is actually points on your license if the screen wash only has water,

I'd love to know where you obtained that nugget of wisdom?

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Tue 7 Mar 2023 17:54

Possible Fraudulent MOT and dishonest dealer - Crickleymal

I can tell you that, it is actually points on your license if the screen wash only has water,

I'd love to know where you obtained that nugget of wisdom?

Oddly enough there was a case some 15 or more years ago where some bloke was given a penalty for not having the correct washer fluid and I remember thinking at the time how odd it was. How did the police know it was just water and why can't you just have water in the washer bottle?

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Tue 7 Mar 2023 22:31

Possible Fraudulent MOT and dishonest dealer - bathtub tom

Oddly enough there was a case some 15 or more years ago where some bloke was given a penalty for not having the correct washer fluid and I remember thinking at the time how odd it was. How did the police know it was just water and why can't you just have water in the washer bottle?

The only instance I can think of when that would apply is if the contents of the washer bottle were frozen and hence the washer wouldn't work.

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Tue 7 Mar 2023 23:04

Possible Fraudulent MOT and dishonest dealer - Andrew-T

The only instance I can think of when that would apply is if the contents of the washer bottle were frozen and hence the washer wouldn't work.

Presumably any 'points' would have been for driving with a failed MoT, which just happened to be because of the washer problem. Easily corrected of course .... Any friendly garage would add fluid and sort it - why didn't that one ?

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Wed 8 Mar 2023 09:06

Possible Fraudulent MOT and dishonest dealer - bathtub tom

Presumably any 'points' would have been for driving with a failed MoT, which just happened to be because of the washer problem. Easily corrected of course .... Any friendly garage would add fluid and sort it - why didn't that one ?

I was having an MOT done where a three wheeled Reliant had just been failed for non working washers. The tester explained they tried to add water, but because the owner hadn't left the key for the little hatch they couldn't access the bottle.

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Mon 6 Mar 2023 09:32

Possible Fraudulent MOT and dishonest dealer - Andrew-T

You are legally (depending on when you bought the car) within your rights to return the car and receive a full refund.

IMHO given the way this garage behaves, I would reverse the deal as soon as possible, making sure they don't try to wangle any deductions. Then look for another vehicle nearer home, which will limit some of the after-sales difficulties.

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Tue 7 Mar 2023 00:03

Possible Fraudulent MOT and dishonest dealer - Maya J

Thank you!

Shall I not expect them to fix the small issues and think of a refund if there is a bigger failure?

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Tue 7 Mar 2023 09:24

Possible Fraudulent MOT and dishonest dealer - Andrew-T

Shall I not expect them to fix the small issues and think of a refund if there is a bigger failure?

I think you have already tried that, and it seems they cannot be trusted ? As the old saying says, leopards do not change their spots. Your next problem may be getting them to reverse the deal at no cost to you !

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Mon 6 Mar 2023 23:59

Possible Fraudulent MOT and dishonest dealer - Maya J

Thank you!

I got a 2014 C Class, and part/exed a 2013 Volvo V40.

The old one was just smaller, I had it for about 4 months and got a fresh MOT 2 months ago. It was the first car I bought in UK, and when I realized I could get better insurance for a bigger car using my foreign license, I went for the big one.

I am surprised they even transferred the ownership of the cars after 3 days and never mentioned any issues but after a week I was told during my visit that the car has transmission issues.

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Mon 6 Mar 2023 09:15

Possible Fraudulent MOT and dishonest dealer - bathtub tom

Prior to picking up the car, the salesperson assured me that all issues with the car would be resolved

Therein is your problem. Whenever I've looked at cars with issues and been told they'll be resolved, I've always told them to sort the issues and give me a call when they're fixed. I've never received the call!

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