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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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I am taking an MOT test centre to court as I brought a van

Customer Question

I am taking an MOT test centre to court as I brought a van from a private seller and it turned out that it had incorrectly passed the 'new' MOT on it. The seller refused to take the van back and then the MOT test centre said they would correct all the failure points after VOSA said the MOT shouldn't have passed (they admitted verbal liability for the MOT). Now I'm being advised that I should have taken the seller to court rather than the MOT centre as I didn't get the MOT done, the previous seller did (the MOT test centre went back on their promise and didn't correct the failure points). Can you advise if I have a case against the MOT test centre after they admitted liability to me?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Customer: replied 3 years ago.

Ok - so what do you think? do you need more information? If so what more can I tell you?

Expert:  Jo C. replied 3 years ago.
Isn't the issue that you don't have a contract with the MOT centre?
Customer: replied 3 years ago.

This is what i'm trying to get to the bottom of. The seller had the contract with the MOT test centre but they verbally admitted it was their mistake to me and agreed to fix the issue. They then went back on the agreement and I have had to pay to fix the van myself as I was under the impression that the seller wasn't at fault due to the MOT test centre admitting liability. Is this correct? or should I be taking the seller to court (bearing in mind that all my communication has been with the MOT test centre as they admitted liability to me). thanks

Expert:  Jo C. replied 3 years ago.
Well, obviously the original fault lies with the MOT centre but you don't have a contract with them.

So, yes, you should have sued the seller in misrepresentation who could then have sued the MOT centre if he choose.

Is that all you wanted to know?

Jo
Customer: replied 3 years ago.

So is there any point in me continuing with the case against the MOT centre or should I be speaking with the seller? And is there any point in speaking with the seller to reclaim costs as it's now 10 months down the line and my correspondance has not been with him?

Expert:  Jo C. replied 3 years ago.
Have you already issued against the MOT centre?
Customer: replied 3 years ago.

yes i did because they admitted liability and all my dealings were with them


 

Expert:  Jo C. replied 3 years ago.
There isn't much point in pursuing that I'm afraid.

I would normally suggest just applying to add another defendant but I think a court would say you have to issue correctly.

The only claim I can see against the MOT centre is in negligence but thats not as strong as in contract.
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Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/