Suspect MOT put on used car

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Thu 26 Jul 2012 19:13
Suspect MOT put on used car - incognito

Hoping someone can help with where I stand on this.

In a nutshell, bought a used car last Friday.
Dealer said MOT had been done day before.
5 days later, find alloy severely cracked... Tyre garage says this would of been a long standing problem (and wheel had been repaired once)

Here's a breakdown of what happened:


Viewed, and test drove car on 14th July.

Agreed to buy car around 16th, collected car on 20th.

MOT was done on the 19th July. Certificate showing this. No advisories

Drove car home, seemed fine.

Used car until morning of 25th (covering aprox 300 miles since collecting)

Car suddenly started shaking violently

Took it to a small local garage, who said it was a flat tyre on the rear near side

Went to have tyre replaced, found alloy wheel was completely cracked. Had previously been repaired. Had 5 cracks in it.

Other rear tyre was on the legal limit.

Called garage, initially very helpful.
Said he would source a wheel, and provide me with a car until mine was repaired.

Now backing out of this, telling me to send the wheel for "inspection"

They'll repair it if they can, or contribute towards cost of new wheel.

In my view (and that of the tyre garage the car is at), the MOT has been incorrectly issued.

All i am asking the garage for is to cover the cost of replacement wheel & tyre.

Despite initially agreeing, they are now trying to wriggle out.

What should I do?

Tyre garage suggests sending VOSA in to re-inspect the car.

I can't be without a car, so should I purchase the replacement wheel & tyre directly, keep the receipt, and claim (possibly through small claim court?) later on?

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Thu 26 Jul 2012 21:39
Suspect MOT put on used car - focussed

Replace the wheel and tyre, take lots of photo's of the old one and keep it as evidence.Try to get a letter from the tyre garage confirming what they found.

So that's you back on the road-now send a letter registered post to the dealer with a copy of your invoice for the tyre and wheel and any other reasonable expenses (keep the originals) holding them responsible and requesting payment within a reasonable period, say 14 days.

If they don't pay up, send another letter, registered again, warning that you will take out an action in the county court if they don't pay up within 7 days.

If they don't pay up this time make out a money claim online, it's cheaper and you can recover the cost by including it in the claim.

Don't bother with VOSA, in my experience they are a total waste of space, the dealer and the mot place will just say that it was ok at the time and put the blame back on you.

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Fri 27 Jul 2012 08:31
Suspect MOT put on used car - Dwight Van Driver

Do tell VOSA.

Even if they don't take action on this one they build up intelligence and record complaints so that in the the future they may get further evidence on which to bounce.

dvd

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Fri 27 Jul 2012 09:34
Suspect MOT put on used car - thunderbird

You cannot prove that wheel was on when the car was MOT'd. Wheels are easy to change, 4 or 5 nuts normally, takes 5 minutes max.

An MOT is a certificate of "safety" at the moment its tested, if someone chooses to change a wheel 5 minuts after the person doing the MOT has no control.

Buyer beware.

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Fri 27 Jul 2012 10:07
Suspect MOT put on used car - incognito

You cannot prove that wheel was on when the car was MOT'd. Wheels are easy to change, 4 or 5 nuts normally, takes 5 minutes max.

An MOT is a certificate of "safety" at the moment its tested, if someone chooses to change a wheel 5 minuts after the person doing the MOT has no control.

Buyer beware.

I take it your a car dealer...?

Under the Sale of goods act 1979, amended 2003, the burden of proof is reversed for 6 months.
ie- up to the seller to PROVE your above statement, not the other way around.

Will be seeing them in the small claims court, and beyond if necessary. I have had this car 5 days!

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Fri 27 Jul 2012 10:43
Suspect MOT put on used car - bathtub tom

>>Car suddenly started shaking violently took it to a small local garage, who said it was a flat tyre on the rear near side
Went to have tyre replaced, found alloy wheel was completely cracked. Had previously been repaired. Had 5 cracks in it.

You admit driving the car when it was 'shaking violently', did you have no concern for safety?

The seller may argue that you could've damaged the wheel. Is the other garage prepared to issue a written statement to the effect that the damage must've been caused before you owned the car, that will hold up in court?

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Fri 27 Jul 2012 11:05
Suspect MOT put on used car - incognito

>>Car suddenly started shaking violently took it to a small local garage, who said it was a flat tyre on the rear near side
Went to have tyre replaced, found alloy wheel was completely cracked. Had previously been repaired. Had 5 cracks in it.

You admit driving the car when it was 'shaking violently', did you have no concern for safety?

The seller may argue that you could've damaged the wheel. Is the other garage prepared to issue a written statement to the effect that the damage must've been caused before you owned the car, that will hold up in court?

I took it STRAIGHT to the garage when it did this...

Chicken and egg.. no previous signs of problems, car shakes, took to garage...
Or am i meant to take it to garage before each journey to check the car is safe?

My main question really is what is a "reasonable time" to allow the garage to fix it?

Don't forget, the salesman emailed me yesterday morning saying he was sourcing a wheel.
He has now said his boss won't replace.

I can't be without a car, due to work.... so surely a single working day is inconvenient (as per SOGA definition) ?

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