My sister bought a car 4 and a half months ago. Yesterday she went to Alton Towers for her birthday - she was about to leave the car park when someone tapped on her window to tell her, her wheel is at a slant. She had it checked today and the mechanic said the axel is corroded to the point it has a huge hole in it, it could easily have snapped and caused fatalities. He said there is no way it could have corroded to that extremity in just the 4 and a half months she has had it. The car had its MOT just before she bought it - the mechanic she saw yesterday said there is no way the car should have been sold to her, as there is no way it should have passed its MOT and should have 'at least' had an advisory note, which it doesn't. She rang the car dealership she bought it from and they're pointing their finger at the garage who completed the MOT, saying it isn't their problem, saying the MOT certificate is their 'proof' the car they're selling is safe. She's now obviously out of pocket, without a car and been told her life could have been at risk. Just wondering what route any legal types or anyone who may have dealt with something similar would do in her situation? Citizens Advice have suggested the route of Trading Standards.
It's definitely a civil matter so I'd say Trading Standards would be her best bet. I bought a car from Monkey Depot with a knackered dual mass fly wheel and clutch. Cost me well over a grand to sort, I'd had the car a month. This sort of thing goes on way too much and you can bet your bottom dollar no one will stick their hand up and admit they're accountable. Has she contacted her insurance company?
Any chance of the details of the company? i work for a main dealer at our head office and can help, and want to make sure it isnt us before offering advice!! feel free to pm me instead Although trading standards is true, they can tell you same as i could
I'm not sure which legal route to take, but I do know that both the garage and the dealer are liable. For one they should have M.O.T'd the car when they bought it and used a garage which obviously isn't ****. They can't just say it's their mistake, their problem.
It isn't a main car dealership in Hull, it is a small dealership in the East Riding. I'll withhold who it is for now incase she goes down the route of trading standards etc... She just wants her money back to be honest, she's willing to forget their negligence, as she just really needs her car sorting, or the money back to buy a new one, as she has had to call in to work today as she can't get there, meaning she's further out of pocket losing a days wage.
That's a horrible situation to be in, at least she wasn't hurt. My initial thoughts would be that the blame lies entirely with the garage that carried out the MOT, once they return a pass certificate to the dealer the car is fit and legal to sell. Otherwise dealers would conduct their own MOT's rather than be liable to legal action because of the poor workmanship of a third party. Unless of course the garage knew about the problem and kept it quiet, in which case it's entirely their fault.
What could her insurance company offer to do other than pay out to fix the car? ...would they not void her insurance deal based on the car being faulty? The dealership has rang us saying they've contacted the garage and they're willing to look at the corrosion and if they feel they've missed something, they'll fix it. But, she had trouble with the car in the first month of having it and they offered to fix it... they took it away and then said, right it's fixed - we've left your car at 'location x' with the key on the tyre! ....got it home, was it fixed? was it hell. She rang them back and they claimed they couldn't find a problem, so I'm worried they're going to take it away and use the same trick of claiming there isn't anything wrong with it (even though another garage has told her driving it could be fatal).
The contract is with the dealer and not the garage therefore they are potentially liable. How did she pay?
I was just thinking she might have legal protection, which I wouldn't have thought is normally used for this kind of thing, but if she's going to have to replace the car through no fault of her own they might be able to so something. It's a shot in the dark but you never know.
Sorry to say she won't get sod all back. Best thing to do is just spread the word about both dealer and test centre. A lot of small used car dealerships use a mate to get fresh MOT's and in a lot of cases don't even take the car to be tested, just give the reg number, mileage and VIN, and the tester will just print the certificate out for a little cash under the table. I've known people do just that, and had to have similar MOT's done before myself due to modifications. Plenty of places will do it you'd be shocked.
The dealer is totally responsible for the problem, they sold the car. Did she have a warranty?If it was bought on finance you are also entitled to refuse to pay the instalments.
Problem being insurance companies tend to have everyone over a barrel, as nobody wants to lose their no claims bonus. Even more so when you don't have a lot of money.
Ok thats fair enough, well with it being less than 6 months since purchase this gives her an advantage. under the sales of goods act, if less than 6 months the onus is on the dealership to prove the fault was not present at time of sale. If was after 6 months your sister would have to prove it was present at time of sale. Trading standards / I would advise writing a recorded delivery letter giving them a timescale (say 2 weeks) to respond. Tell them the issue and under the sales of goods act you feel you are entitled to a repair (or replacement / refund if a repair is not appropriate) They have to prove the problem was not present when they sold it which I doubt they could do if it was so corroded. They would have to get a court approved independant inspection done to prove that wasnt present at time of sale. The only problem she would have is she would have to take it further against them if they still refused to do anything, i.e she would have to issue court proceedings or whatever she chose to do. Another good way maybe a solicitor, as it seems quite clear cut in her favour to me (i would advise our own dealership to repair if what you have said is all true) - a solicitor could take it on for her on no win no fee maybe and they can sometimes be more threatening to the dealer. It might just take a letter from them to push dealer in right direction Citizens advice should point her in a solicitors direction who would give her 1 hour consultation for free to give more advice. Keep us advised, happy to help at anh stage if you think useful, this is what i do on a daily basis, albeit on the dealer side
I think that is the very last option on the list, for now we're hoping we can use the threat of dragging their company names through the mud to our advantage. The internet and social media sites can be very useful and powerful tools. Just a one month warranty - not on finance. It wasn't a massively expensive car, but at the same time, the money she paid you wouldn't expect for it to become un-road worthy in the short time she has had it. Thanks very much - will PM when I have updates. Yeah, they're both registered companies.
Careful with the reputation thing using the internet and social media as they could well sue you. If you go the legal action route, get the car inspected by an independent consulting engineer first, there's one in N Ferriby called Reed.
1. Selling an unroadworthy vehicle is an offence under the Road Traffic Act 1988. Go back to the police and report the dealer for this. it is a criminal offence carrying a fine of up to £5,000. Refer them to section 75 of the 1988 Road Traffic Act. Of course, having the offender prosecuted will not help you directly, but it will make you feel a lot better! 2. Go to see a solicitor (many offer a free half-hour initial consultation) or the Citizens' Advice Bureau ASAP Secondly if this does not go any further , find the name of the garage and report them to VOSA ... try looking on the back of the mot for the vosa phone number as your first port of call & tell them about the mot . do not repair the car or change anything. they will know who tested the vehicle & will re-inspect it. you will have to pay for a full mot though. it will be refunded if they find it should not of passed. also you could pop in to any mot station,explain to them your problem. they should be able to give you a vt17 appeal form. or point you in the right direction. vosa should sort it out for you .....hope this helps a link in case you need to take this a lot further .. http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/index.htm and this one - http://www.vosa.gov.uk/vosa/contactus/sharingintelligence/sharingintelligence.htm
Tell her to thank her lucky stars she's not dead, accept she's lost her money and remind her that **** happens
