Mercedes C220 cdi Coupe - Bought 2nd hand car with "valid MOT" "Drives like new" - LIES!!

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Sat 19 Jun 2010 19:48
Mercedes C220 cdi Coupe - Bought 2nd hand car with "valid MOT" "Drives like new" - LIES!! - IrishChristof

Hi, I need some advice.. I recently purchased a second hand car that apparently had a valid MOT certificate and "drives like new" and also had "remote central locking".

When I handed the money to the seller, he then told me... "the front steering brushes/bushels (??) need replaced and would cost about £30", he also told me to get the wheels balanced.

When I got the car home I couldn't operate the central locking as the fob doesn't work (new fob from Mercedes = £219).

Then I took it to a mechanic to sort out the front bushes. He told me that the brushes were fine but some steering arm needs replaced (cost £80) and that there's no way that the car would have passed its MOT (dated only 6 weeks ago) with this fault. He also noticed the rear tyres have been turned around so that they look healthy, but the insides (which was the outsides) are near bald!! Finally the brake pads and disc are so worn that again it would have been an MOT fail.

I have gone back to the seller with this news and he claims that when he got the car he took the MOT as gospel... however, he has ended up selling me a car that is currently unroadworthy!!

I paid over £5k for this car so I am keen to know what my rights are as a consumer. Should he have sold me a car in this state... and by claiming he didn't know about these faults meant that he is not liable. And if the MOT guys claim that the car was fine when they did the MOT 6 weeks ago, should I suspect that the guy who sold me the car has altered it before he has sold it onto me (although I appreciate that may be difficult to prove)

Please help :(

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Sun 20 Jun 2010 00:37
Mercedes C220 cdi Coupe - Bought 2nd hand car with "valid MOT" "Drives like new" - LIES!! - Avant

You haven't told us whether the seller was a private individual or a dealer. This makes all the difference as under the Sale of Goods Act business sellers have to make sure the goods are of 'satisfactory quality' which means reasonable given the age of the goods: private sellers need only ensure that the goods are theirs to sell and that they fit any description given to the buyer.

If your seller is a private individual I don't think you have much hope: if the car didn't have remote locking fitted you would have a case for misdescription, but this car appears to have it although it doesn't work (unless all it needs is a new battery in the plipper).#

If he's a dealer you could well find that threatening to take him to court causes him to co-operate. If you've done more than simply drive the car home from the dealer, you normally need to give him a chance to repair the faults.

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Sun 20 Jun 2010 01:27
Mercedes C220 cdi Coupe - Bought 2nd hand car with "valid MOT" "Drives like new" - LIES!! - IrishChristof

Thanks for this your response matey....

To answer your question, the guy who sold it to me didn't have a premises or anything, but he is a guy who regularly sells cars, so I assume he is a dealer and not a private seller.

I have spoke to the seller and asked him about paying for the repairs to get it up to roadworthy standard, but he seems very hesitant and claims that he was unaware of these problems. And that he assumed that there were no issues because of what the MOT certificate said.

Can I also add at this point that I checked the MOT certificate history online, and the previous MOT had commented that the brakes were close to legal limit, and that the tyres were also close to legal limit.. yet they are now illegal and these issues haven't appeared on the MOT carried out 6 weeks ago.

Oh and as for the fob, yes I tried replacing the batteries, still no joy.

So do I give him the chance to repair the car..? coz at the minute he doesn't even seem keen on doing that.

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Sun 20 Jun 2010 10:41
Mercedes C220 cdi Coupe - Bought 2nd hand car with "valid MOT" "Drives like new" - LIES!! - LucyBC

Proving he is a trader is the greatest difficulty with part timers. You will need to show he is trading cars regularly to earn an income.

You have a key that doesn't work correctly and a fault that he told you about but diagnosed wrongly. The tyres are worn - you don't say if they are illegal - but you could presumably have seen the tyres at the time you inspected it.

The vehicle has an MOT. If the pads were illegal at the time he sold you the vehicle and you can show he is a trader you have a case for replacement but I don't see Trading Standards getting too excited about this case.

FWIW the insurance definition of a motor trader is:

a person or persons actively operating a formal business on a full or part-time basis for profit, either selling vehicles or providing a service relating to repair or maintenance of motor vehicles.

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Sun 20 Jun 2010 15:34
Mercedes C220 cdi Coupe - Bought 2nd hand car with "valid MOT" "Drives like new" - LIES!! - IrishChristof

The tyres were definitely illegal, no tread on the outside of the tyre, and like I said, someone has flipped the tyres around so that the tread isn't showing on the outside.. you can only feel the tyres were bald by feeling in.

I reckon the guy can be classed as a "dealer" as there are numerous times when speaking to him he's told me "I got a customer" or "I got an auction to go to" and "this is how I do business".... so as a"dealer" shouldn't he have noticed these faults, and can he really sell a car that's dangerous to drive, to someone who isn't really in the know??

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Sun 20 Jun 2010 16:05
Mercedes C220 cdi Coupe - Bought 2nd hand car with "valid MOT" "Drives like new" - LIES!! - Dwight Van Driver

I would consider having a word with Trading Standards or Police to see if they would interested in investigation an apparent offence under Section 75, Road Traffic Act 1988.

This makes it an offence to sell a vehicle with defect of

(i) brakes, steering gear or tyres, or

(ii) the construction, weight or equipment of vehicles, or

(iii) the maintenance of vehicles, their parts and accessories in such a condition that no danger is or is likely to be caused

There is a defence to this if seller believed vehicle for export or that it would not be used on a road in UK until such time as defects rectified.

In relation to the MOT VOSA may have an interest if issued with a defect present.

dvd

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Mon 21 Jun 2010 20:46
Mercedes C220 cdi Coupe - Bought 2nd hand car with "valid MOT" "Drives like new" - LIES!! - IrishChristof
Cheers for all your advice guys, just to keep you all updated... The dealer now wont answer his phone to me, but my dad phoned him and he answered straight away.
He is sticking by the fact that the car was "sold as seen" and that I got a good deal. He claims that any issues regarding the car are not his problem now. He has completely ruled out taking the car back or doing any repair work on the car to get it up to standard that is to be expected (ie: the brakes, tyres, front lower arm, fob all in working and legal condition).

I really dont know where to go with this, the guy is being very stubborn, and like I say, he wont answer the phone to me.
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