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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I bought a car on the 19/01 with a clean MOT

Customer Question

I bought a car on the 19th January with a clean MOT. That is, it did not have one single failure or one single advisory note. However, problems accured and I sent it to London Road Garage, on the 22/01/13, where they tested it and they said it should have failed on several items. They also advised me to have VOSA do the same thing. This I did on the 06/02/2013 and they to found items which would have failed the car and, therefore, they issued me with a 'Refusal of an MOT Test Certificate'. I no longer desire to have this car and have tried on several occations to get North Riding Trade Cars ltd to come and collect the car and either refund the full purchase price, along with all costs, or repair all failure and advisories, at their expence, and to date they are not interested in what has happened. I refuse to drive the car because it has been deemed not to be roadworthy and I don't have to tell you that if I'm involved in an accident, even if it's not my fault, if it found that I'm driving an unroadworthy car, I'm in for the 'high jump', as it were. Can you please advise what I should do as I truely believe that I have been sold a car under faulse pretences. Many thanks and regards, XXXXX [email protected]

Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

How old is the car and how many miles?

How much did you pay?

Was it from a dealer?

Customer: replied 3 years ago.

The car is a 2001 model and has 89265 miles recorded. I paid a total price of £1705.00 bought from North Riding Trade Cars ltd

Expert:  UK-Justice replied 3 years ago.
How did you pay for it?

Did North Riding MoT it themselves?
Customer: replied 3 years ago.

I paid for it using my Barclaycard and yes, North Riding organised the MOT for me.

Expert:  UK-Justice replied 3 years ago.
Credit card or debit card?
Customer: replied 3 years ago.

Sorry, credit card!

Expert:  UK-Justice replied 3 years ago.

That is good news.

It looks as if the MoT first given should not have been.

As such potentially they knew about the faults and so this is breach of contract because goods are not fit for purpose, of quality, as described.

Further this could be breach of contract by misrepresentation - that is they did not say the car had faults.

As such you should write to them and get in contact with Barclaycard and ask for a refund within 14 days.

Your card provider is jointly liable under the Consumer Credit Act for any wrong doing.

If they do not respond then you can issue proceedings.

You can do this online at: - you will have to pay a fee but this will be added to the claim.

You should add the dealer as first Defendant and Barclaycard as second Defendant.

As your claim is below £5000 it will be a small claim and as such you wont need a Solicitor.

You will be surprised how quick matters are resolved once proceedings are issued.

I hope this helps.

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Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and 2 other Law Specialists are ready to help you
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

Customer: replied 3 years ago.

Hello! I'm sorry for not replying earlier - I've just been too busy. I sent all the relavent information to Barclaycard, which they recieved and signed for on Friday 08/02/2013 and to date, I have still not had any feed back from them. Also, although I have a copy of the "Refusal of an MOT Test Certificate" from VOSA, I still have not heard from them and I don't know if I would or should be recieving any correspodence from them. The one thing that I'm a bit apprehensive about is trying to organise going to small claims court as I don't have the foggiest notion what to do or how to go about it. Do you think I should obtain the services of a solicitor??
Many thanks and regards,


Already Tried:
To date, I have all correspondence to North Riding Trade Cars Ltd both in the e-mail format and the written format, sent via Royal Mail and a signature to prove that they recieved it. Also, I have the original MOT, that came with the car, the Test certificated, that I had done through London Road Garage and also the "Refusal of an MOT Test Certificate" issued by VOSA. I also have receipts of all costs that I have incurred by the purchase of this unlawfully sold car,ie, train travel, petrol, etc

Expert:  UK-Justice replied 3 years ago.
You don't need a solicitor you can do this yourself.

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