How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I bought a used car just under3 yearsold and 14000 on the odemeter

Resolved Question:

I bought a used car just under3 yearsold and 14000 on the odemeter from a reputable dealer backed by network Q
the garage issued a mot 24 hrs prior to me picking up the car.I received the mot on the 23rd March 2015 12 days after taking the car
only to find the mot advisory note saying nearside front inner edge worn close to the limit and also the offside front inner edge tyre worn close to the legal limit
this was never mentioned to me and the mot not offered prior to accepting the car I had the tyres replaced independently where the tyre specialist pointed out the two back tyres were splitting and cracking and were dangerous(theses have gone back to continental tyres for inspection) so i replaced them as well at my own expense.
The garage says they were still legal on the front, but as the back ones were not on the mot they cannot comment.I have had to pay out a further £600.00 pounds to make this car roadworthy.
Is it legal to sell a car without you seeing a mot so you can see what is wrong
and surely if a mot tester picked up on the front tyre surely he would have checked the back.
I have tried to learn more about tyres since this incident and apparently on the rim of every tyre after the word dot there is a series of numbers the last 4 denoting the day month and year of manufacture the two on the back were manufactered in2011 the car was first registered 2012 .
morally i think this car should never have been let out without telling me of the problems as i as the driver am responsible for them was this an illegal transaction?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Did you ask if the car had any defects or ask to see the MoT please?
Customer:

I asked if the car had any accidents etc he assured me no as they sold it from new did the servicing history and the original owner had part changed it for a new corsa and said they would do an mot for me as the car is just 3 years old at the end of this month

Alex Watts : The car has had no accidents is that correct? Did you have someone else examine the car for you?
Customer:

I independantly have had it checked with autotrader and it came back clear

Alex Watts : So you had an opportunity to have it examined before you purchased it and the garage didn't lie to you?
Customer:

no i checked it afterwards because i did not beleive them

Alex Watts : And it's correct, is that right?
Customer:

the car has not been involved in any accident

Alex Watts : Ok. It's a hard one. If you could have had it inspected and you didn't or ask for the MoT then they could argue it's your own fault.
Alex Watts : but I will outline how to bring a claim
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thank you for your time and trouble much appreciated

Ash and other Law Specialists are ready to help you