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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi there, I purchased a Nissan Qashqai from a private seller

Resolved Question:

Hi there,

I purchased a Nissan Qashqai from a private seller in January 2013, I had it checked out at a Nissan Garage in Oxford before buying it and they gave a list of advisory items that would need attention soon including brake pads and disks etc. I was happy with their once over and purchased the car and then when it was up fro MOT that March (2013 last year) I took it to WLMG my local major Nissan dealer - they MOT'd the vehicle and serviced it and the car flew through the MOT with a completely clean advisory section (so nothing advised upon including breaks).

I then took my car back to WLMG in Reading for the next annual MOT a week ago and was given an MOT and Service, however the car would not pass until they had replaced both break pads, disks and a calliper on one side plus a calliper repair kit on the other side (so major damage meaning I had been driving my children around in a very dangerous car all year without realising and was now facing a bill of £695.00 (including the MOT and service).

I paid this thinking I didn't really have a choice but then spoke to my father about it (he is a car repair and pick up driver) and he said that it would take a very very long time for the break pads and disks to wear to a point where it effected the callipers and so how it had a completely blank 'advisory' section last year at the same garage is not right -they should have picked that up as the damage done could not have been managed in a year (I've done 8,500 miles)

I think that they did not do the MOT properly last year and that I may have a claim against them - please can you advise?

Many thanks

Layla
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :


Hello Layla my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

But did you have any accident or anything because of the condition of the car? I assume it is the company undertaking the MoT you want to take action against please?

Customer:

I did not have any accident at all, just a hefty bill when I took the car in for it's latest MOT for repairs that seemed to be extreme considering the clean bill of heath they had given the car a year earliler.

Customer:

The brake situation may have been quite dangerous though considering I had been using it in that state thiking it was ok with my two children in the car.

Alex Watts :

But would you agree even the brakes had have been picked up on the previous MoT you would have had to pay for those in any event?

Customer:

Yes of course, I don't mind having had to pay for the brakes so much as I want to know if they are legally required to have picked up the faults on the previous MOT they did when I had first purchased the car in March 2013 (two months previous in January 2013 I had the car checked at an official Nissan Garage in Oxford when I was decided to buy it and they picked up the faults there). Nissan Reading then didn't pick anything up in their MOT and passed it straight through but clearly with the extensive damage on the latest MOT the faults were there last year.

Alex Watts :

But do you know that the faults did NOT occur between MoT's?

Customer:

That is what I'm wondering about really, I don't know if that much damage can be caused in one year but the fact that it was advisory on the MOT in 2012 when I didn't own the car why did it not come up on last years MOT?

Alex Watts :

The problem you have is this

Alex Watts :

I don't think you can bring a claim against them because you did not suffer a loss and indeed you can't say the fault did not develop between MoT's

Alex Watts :

This is quite possible

Alex Watts :

What you should do is report this to Trading Standards.

Alex Watts :

Ideally you need the old brakes to show Trading Standards and they could get their own engineers to look at this

Customer:

And if I report it to trading standards what would happen then?

Alex Watts :

Although I realise the garage may have disposed of this

Alex Watts :

They can investigate, but they are going to need some evidence if they are going to prosecute

Alex Watts :

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Customer:

I have video footage of the old brakes and calliper damage as they do this as standard in the dealership now apparently

Alex Watts :

That may help.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

If I were to write a letter with all of the evidence I can lay my hands on and send it to their head office do you think as a major dealership they would be likely to refund me or give me some sort of compensation for missing it on the MOT in 2013?

Alex Watts :

You wont get compensation.

Alex Watts :

You didnt suffer a loss

Alex Watts :

Even if they didn't pick it up you would have had to pay for it anyway

Alex Watts :

Your only real choice is Trading Standards who can see if there was wrong doing

Alex Watts :

Assuming it was faulty and they did pick it up - you would still have had to pay for the work to be done

Alex Watts :

I am sorry

Customer:

OK thanks - I just thought because it was dangerous to drive I might have had a point to argue?

Alex Watts :

Yes if you had an accident or suffered a loss, you would have

Alex Watts :

But you can't sue for something that has caused you no issue

Alex Watts :

I am sorry

Customer:

OK thanks, XXXXX XXXXX I'll just leave it then and take my car elsewhere next time - thanks have a good day

Alex Watts :

And you. All the best

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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