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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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Bought a second hand car locally. Have had it six weeks. On

Customer Question

Bought a second hand car locally. Have had it six weeks. On inspection by ATS rear brake pads and discs are totally worn out and rusted. ATS say this has not just happened. Dealer says as it passed MOT in June this year, he cannot be held responsible for selling a car in an unroadworthy condition.. however, in the service book the dealer has stamped dated and signed 'full service' and when questioned about this, he said,I shouldn't have done that'. He adopted a very bullying attitude and as I am 73, I did not want to be any more involved, so told him I will take it further. All I am asking is for the £259.00 it cost me to have the breaks put right. Please can you tell me if I stand any chance of getting it? Thank you.
Jill Ashton. Andover
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

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

How much did you pay for it and how old is it?
Customer: replied 4 years ago.

I paid £2300 and the registration is RF05VTE

Expert:  Jo C. replied 4 years ago.

Was the service not full? Why does he say he shouldn't have done that?
Customer: replied 4 years ago.

The service had not been done at all. He just put that in the service book to convince me it was a good buy, and when I challenged it, he became very 'bullish' and said he should not have done that, but continued to labour the point that it had passed the MOT. That is only a visual inspection, whereas a full service would mean that the wheels would have been removed for brake inspection and therefore revealed the severity of the state of the brake pads and discs. I have the discs and pads as proof, which ATS gave to me to show the dealer.

Expert:  Jo C. replied 4 years ago.
So there is a false entry in the service books?
Customer: replied 4 years ago.

Yes. That is why he said he shouldn't have done it.

Expert:  Jo C. replied 4 years ago.
Thank you.

Are you prepared to sue?
Customer: replied 4 years ago.

What chance do I have of winning? I would like to expose the dealer as he sold me an unroadworthy car which could have cost me my life. But would settle for what it has cost me financially so far.

Expert:  Jo C. replied 4 years ago.
Please bear with me, I am just travelling home from court and need about 20 minutes.
Customer: replied 4 years ago.

Ok. Thank you

Expert:  Jo C. replied 4 years ago.
Thanks for the information.

This isn't necessarily an unroadworthy car. What is roadworthy is a complicated test. Its not as simple as showing that a car has faults or that it would fail its MOT. There is no clear definition of roadworthy or unroadworthy. It comes down to a general impression of the car.

However, if you are saying there was a false stamp on the service book then you do have a claim in misrepresentation. A false stamp is just plain misrepresentation and you have a claim for rescission of the contract.

If they refuse though your only option is to sue them.

Hope this helps. Please let me know if you need more information.
Customer: replied 4 years ago.

Thank you for your advice. Will pursue misrepresentation route.

Expert:  Jo C. replied 4 years ago.
No problem.

All the best.