O/T Used car legalities and rights

[Simeon]

Chaps

I need a little advice here. A good friend of mine bought a 53 plate ford KA for £2000 on Janurary 28th this year from one of those second hand car dealerships. She's a single mother and doesn't have two beans to rub together. It went for a MOT last week and failed on a few things but the main one being severe corrosion and holes around the seat belt anchorage points. The garage wanted £800 to pass the MOT

Now considering we've had one of the best summers in years this sort of corrosion doesn't happen overnight.

 

The way I see it is the original MOT may not have been not quite kosha and the dealership have sold her a potentially dangerous car. My question is does the dealership have any sort of responsibility to the car apart from a moral and ethical one?

 

Are there any consumer protection laws applicable in this case?

[Doug Dastardly]

Not sure about the legal stuff but I would start by looking up it's MOT history on the DVLA's website. I think you need the reg number and V5 number and then it will show you all the history including any advisories.

 

If the issues show up as advisories last year it may help you.

[Simeon]

Well, this is the thing. We have the old MOT and the only advisory was mild corrosion underneath.

[Mark Stanton]

maybe garages opinion ? on what one see's as mild corrosion the next see's as severe and needs the work ? might not be the car seller to check out may also be the garage ?

[Captain Colonial]

I also find it hard to believe it's £800 worth of welding.  That's two solid days at £50 per hour...for seat belt mounts?  On what, a 60-seater coach?

 

Or am I just more out of touch and cynical than usual here?

[Simeon]

Fair point Scott. I'd never thought of it that way.

[Captain Colonial]

Time to take it somewhere else for a MOT estimate, methinks... I mean, sheesh, I'm flogging a 52 plate Citroen Saxo at the moment for £700!  You can get a much better price for repairs (if actually needed!) than £800, I'm sure.  Sounds a bit dodgy to me.

 

EDIT: SWMBO's K-plate Escort with 49k miles from new needed a rear chassis leg replacing a year ago, fairly common rotting fault on those cars and a large welding job, local garage charged about £200 - hence my disbelief at seat belt mounts at £800.

[Hammy]

C.A.B. worth a punt ?

[Simeon]

Having read up on the sale of goods act it's one of things that would be very difficult to prove as it comes under what is known as the reverse burden of proof. We would have to prove that the car was rotten and unroadworthy prior to the purchase.

 

I think I will do what Scott suggests and take it elsewhere.

[bigals]

Ford Ka, s do rot out my mum had one and most of the rear suspension mounts needed welding on a 02 plate that had only done 50k.

I think a second opinion on the severity of corrosion and remedial costs would be the way I would go.

How did she pay for the car ? Just thinking about credit card charge back ?

Is the dealer connected to the mot station ? As if there a connection you might get some leverage in pointing out that its potentially damaging to their reputation. Also worth mentioning that you might br tempted to query the original mot with vosa. I have witnessed quick turnarounds when garages that have no morals think they are going to be scrutinised

[JeffC]

 from a legal standing the dealer will be under no obligation to do anything about it after 9 months   and not trying to be funny but I cant see how anyone would expect a seller of a £2k car to do anything about a rot problem on a 10 year old car that is notorious  for rot issues , I would take it to another garage for a second opinion, £800 to do some welding as said above is ridiculous  , I would be complaining about the repair garage trying her pants on .

 

FWIW if the welding is just on the seat belt  mounts I would expect to pay around £80 up here to get that done £100 tops,