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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.
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?
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.
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.
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?
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.
But do you know that the faults did NOT occur between MoT's?
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?
The problem you have is this
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
This is quite possible
What you should do is report this to Trading Standards.
Ideally you need the old brakes to show Trading Standards and they could get their own engineers to look at this
And if I report it to trading standards what would happen then?
Although I realise the garage may have disposed of this
They can investigate, but they are going to need some evidence if they are going to prosecute
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
I have video footage of the old brakes and calliper damage as they do this as standard in the dealership now apparently
That may help.
Can I clarify anything for you about this today please?
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?
You wont get compensation.
You didnt suffer a loss
Even if they didn't pick it up you would have had to pay for it anyway
Your only real choice is Trading Standards who can see if there was wrong doing
Assuming it was faulty and they did pick it up - you would still have had to pay for the work to be done
I am sorry
OK thanks - I just thought because it was dangerous to drive I might have had a point to argue?
Yes if you had an accident or suffered a loss, you would have
But you can't sue for something that has caused you no issue
OK thanks, XXXXX XXXXX I'll just leave it then and take my car elsewhere next time - thanks have a good day
And you. All the best
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