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sale of goods act etc ?
theconrodkid - 4/10/23 at 02:48 PM

Greetings all, has anyone here had dealing with the sale of goods act or similar ?.
in a nutshell, if i bought a car fom a dealer and discovered it had a serious fault that would have been obvious when it had it,s MOT, how should i pogress ?

the DOT has been informed, waiting for them to pay me a visit

[Edited on 4/10/23 by theconrodkid]


number-1 - 4/10/23 at 06:17 PM

Personally, i think social media is your best bet. Join facebook groups and leave the factual negative feedback. Twitter, TikTok, Facebook etc. Pictures and videos tell a story


Simon - 4/10/23 at 06:50 PM

Did you pay with card or finance? Recourse that way too


theconrodkid - 4/10/23 at 07:11 PM

paid with debit card, i just wanted to make sure of the legal route to take, it,s £11,000 we are talking about here.


obfripper - 4/10/23 at 08:09 PM

Under the consumer rights act, within the first 6 months any fault is legally deemed to be present at the point of purchase unless the seller can prove otherwise, beyond that point it is your responsibility to prove the fault was there at point of purchase.

If you've gone for an inverted appeal for the mot issued, I would guess you're within a month of the test as that is the statutory period for nearly all faults except corrosion related faults which have a 3 month period. This will only refund the cost of an mot, but will provide written proof of an existing fault to back up your case.

There's some recourse with a debit card payment with chargeback, but it is not enshrined in law so may not help in this situation. A credit card has section 75 protection that makes the card provider jointly responsible with the seller, this can help a lot in getting things sorted with the least fuss. If you paid just the deposit for the car on a credit card, it would cover the whole purchase price as well.

Dave


theconrodkid - 5/10/23 at 07:32 AM

Thanks Dave, ill ring the bank and see what they say.


cliftyhanger - 5/10/23 at 07:35 AM

Have you been in discussions with the selling garage?
If the MoT wasn't done by the selling garage, they will be out of the frame for an iffy MoT. But should still fix the issue. Assuming it is within the 6 months or whatever the timescale is.
If the garage is being difficult, expect an uphill struggle.


Schrodinger - 5/10/23 at 09:00 AM

The AA & RAC used to have a car inspection service for this kind of thing, I don't know if they still do.


theconrodkid - 5/10/23 at 01:19 PM

not spoken to the seller yet, he didnt do the MOT, the issue i have is one of rust, very expensive rust on an aftermarket subframe of unknown purpose, i am waiting for the DOT fella to say yay or nay.
i want all my ducks in a row before i give him the bad news, as you say it could be an uphill struggle.
re the AA / RAC, it,s a bit late now and


nick205 - 5/10/23 at 01:47 PM

RE: AA & RAC inspections, I believe they still off this service. I've not used it, but my understanding is it's a service you use before buying the vehicle as a means o having it checked before parting with money. Not sure it would be much use after the purchase has been made.

conrod - hope you get the issue resolved to your satisfaction.


coyoteboy - 5/10/23 at 03:09 PM

Subframe of unknown purpose? Unknown to who? This is confusing.


theconrodkid - 5/10/23 at 04:03 PM

quote:
Originally posted by coyoteboy
Subframe of unknown purpose? Unknown to who? This is confusing.


as some of you know i had my right leg amputated earlier this year, that leaves me in a wheelchair, the vehicle in question has a ramp at the back to allow me to drive into the batcave via the rear entrance , the rusty subframe is bolted to the original floor and i cant see any reason for it,s existance hence me contacting the DOT


coyoteboy - 5/10/23 at 04:28 PM

Ahh I see, what I was trying to assess is why it's a serious fault if there's no reason for it. If its not holding seat belts and isn't part of the chassis, and isn't falling off, I'm not sure it would fail anyway would it?


theconrodkid - 5/10/23 at 09:02 PM

quote:
Originally posted by coyoteboy
Ahh I see, what I was trying to assess is why it's a serious fault if there's no reason for it. If its not holding seat belts and isn't part of the chassis, and isn't falling off, I'm not sure it would fail anyway would it?


thats the reason i am covering all my bases before i decide if i am going to get my money back.


nick205 - 6/10/23 at 08:09 AM

I'm thinking aloud so please don't shout me down!

If the vehicle has been modified to have a rear access wheelchair ramp...

1. Is this subframe related to the modification?
2. Appreciate it'll be difficult for you to get underneath the vehicle to check, but does this subframe have any part numbers or stickers on it to identify it?
3. Do you know which company did the modification - worth contacting them to ask if they fitted it or know what it is?


As far as I'm aware the MOT checks minimum road safety standards for vehicles. Once a year for everyday tintops. Taxis are more frequent and thorough I believe.

No idea how the MOT changes for vehicles that have been modified such as this.

Probably worth speaking to the place that did the MOT to check and see what the criteria are.

[Edited on 6/10/23 by nick205]


westf27 - 6/10/23 at 09:31 AM

Sorry to hear about the leg John.Hope you get your car sorted.Just a thought,if you contact the vehicle people who did the conversion,they should be able to tell you the purpose of the subframe.Renault Kangoo’s seem to be very popular for that conversion.
Take care
Steve ANDREWS.


theconrodkid - 6/10/23 at 04:56 PM

Nick, i assume the subframe is something to do with the wheelchair restraining straps as it,s in front of the ramp, i wont be using said straps so could posibly remove the subframe and the problem goes away ?, i see no other reason for it, i spoke to the co that did the conversion , they seemed a bit clueless, not spoken to the people who did the MOT, i dont want to let them know i am on their case till the last moment.
Steve, mine is a Citroen berlingo, as above re contacting the company....not interested and clueless.
wait till i know the outcome from the man from DOT


nick205 - 9/10/23 at 09:17 AM

conrod

You may get MOT advice from another MOT tester/station (not contacting the one that tested your vehicle). I use a local garage to me for MOT's, but have a family friend who's an MOT tester and happy to provide advice when asked.


theconrodkid - 9/10/23 at 02:55 PM

quote:
Originally posted by nick205
conrod

You may get MOT advice from another MOT tester/station (not contacting the one that tested your vehicle). I use a local garage to me for MOT's, but have a family friend who's an MOT tester and happy to provide advice when asked.


Nick, i did, he was a bit wavering then said he would fail it, i am waiting for the man from the ministry to have a look before making my next move.


nick205 - 12/10/23 at 09:04 AM

Hi conrod

Any update?

When does the DOT man come to check?


theconrodkid - 12/10/23 at 02:47 PM

quote:
Originally posted by nick205
Hi conrod

Any update?

When does the DOT man come to check?


nothing yet, this is the government we are dealing with here