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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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Is the selling of a second hand car deemed unroadworthy by

Customer Question

Is the selling of a second hand car deemed unroadworthy by the fact of having a "dodgy" MOT an offence under the road traffic act ? If so, what section of the act does it come under?
Submitted: 8 months ago.
Category: Traffic Law
Expert:  Jo C. replied 8 months ago.
What is the nature of the dodgy MOT?
Customer: replied 8 months ago.
The car was sold to me with an MOT with NO advisories on it . The car is some 12 years old with 100000 miles on it. The car was checked over by my garage after I had purchased it and they found a vast number of faults on it that would - and should - have failed the MOT. The car was then re MOT'd by VOSA and their MOT came up with the same conclusion as my garage. ie The car should have failed the original MOT. Had that have been the case, then I would not have purchased the car in the first place. I have requested the dealer take the car back and refund me all my money but he has refused. I now need to put together a case and go to court.
Customer: replied 8 months ago.
I don't know if you have received my reply to your question. Nothing seems to be happening. Please advise.
Expert:  Jo C. replied 8 months ago.
Ok. How soon after you bought please?
Customer: replied 8 months ago.
If you mean how soon after I purchased the car di VOSA re MOT it, then within 1 month. The faults they came up with were the same ones that my garage had come up with some 2 weeks prior to the VOSA MOT.
i.e. I purchased the car on 8 August 2015, had my garage service and check over the car within 2 weeks of purchase and then had VOSA re MOT the car some 2 weeks after that.
Expert:  Jo C. replied 8 months ago.
It isn't unroadworthy necessarily. The test for 'unroadworthiness' is quite strict in law.However, this is a misrepresentation which would give rise to a claim.Also, VOSA would be interested if indeed the vehicle was given a false MOT. There may be other explanations for that of course but it would be worth complaining.Whether it is an innocent mistake or not though, you still have a misrepresentation claim.Can I clarify anything for you?Jo
Customer: replied 8 months ago.
Would you be interested on taking up my case? If so, where and when can we meet? If not, do you no anyone who would be able and willing to take it up. You people are the legal experts and know what to do and say.I am just an ordinary member of the public.
Expert:  Jo C. replied 8 months ago.
How much did you pay for it please?
Customer: replied 8 months ago.
I purchased the car for £1250. However, I have spent around £3500 on repairs, servicing and maintaining the car since. My contention is that if the dealer had taken the car back as I originally requested, then I wouldn't have spent all this money. I am looking to recover ALL of the expenditure I have paid out on the car plus the purchase cost. In return I want the dealer to take the car back.
As I asked previously, is this a case you would be willing to take on? If so, good but if not do you know of someone who would? I have tried to get Trading Standards involved but without success. I haven't even been able to get an appointment with them although I understand they are aware of the case as I have been to Citizen's Advice and they have contacted Trading Standards - so they tell me. It was Citizen's Advice that advised me what I needed to do regarding the writing of various letters to the dealer, which I have done.
Expert:  Jo C. replied 8 months ago.
That is a small claims court sum then. You could represent yourself. The small claims court is designed for the lay person. It is cheap and easy to use. Realistically your claim is for the price you paid for the vehicle rather than the cost of repair per se.

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