Hi, yes, unfortunately it was a private seller. I believe that if I can get the MOT quashed, as such by VOSA, then, in theory at least, when I bought the car, it did in fact not have 12 months MOT, as stated and was therefore advertised incorrectly.
Also, if the appeal is upheld, the car would have been in an un roadworthy condition at the time of sale and, if I am correct, then the seller has committed an offence under the road traffic act.
Thank you for the reply.
Two of the MOT failures that have been picked up are potentially dangerous, one being a problem with the suspension on the rear of the car, the other with one of the front wheels having seriously worn components. These points alone I believe are sufficient for him to have committed an offence under the RTA.
The seller in a phone conversation admitted to "tightening" this loose wheel, so knew of an underlying problem with the front wheel.
I am in the process of contacting the previous owner, the one the seller bought the car off only four months ago, to find out if at the time he bought the car, he was aware of any problems that were not fixed by him and simply covered over. This could give me more evidence that he sold me an un roadworthy car. If I can prove this, I believe I could also pursue him under the misrepresentation act which in turn, could result in any "contract" between us being undone.
I would much rather try and get my money back from the person I bought the car from, as I believe him to be a very dishonest person, however, I am more than willing to go after the MOT tester.
Assuming when VOSA look at the car and deem the MOT was issued when, in fact it shouldn't have been, that would be enough proof for the courts.It is I believe an offence to sell an un roadworthy vehicle and on this evidence I strongly believe that is exactly what occurred.
Whether or not the seller knew that or not again I believe is not important (ignorance of the law being no defence). The important point being that the offence was committed and I would be entitled to compensation.
Ok, thank you. One last point, is it possible to put a claim in against both the seller for misrepresentation and the MOT centre for negligence? I'm not sure how the law works you see!!
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