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Hi all, before I start I'd like to say that this forum is amazing and anyone who takes the time to help people on it is awesome, thank you.
I purchased a used Smart Fortwo on 17/2/23. I drove it approximately 30 miles to place I was planning to store it for a few weeks and found a few problems.
It had two MOT's in the days prior, one was a failure for rear brakes, top mount bushes on the front and engine management light. Two days later, it passed with no advisories.
On the drive, I heard a loud grinding noise under braking, heard knocking from the front over bumps and the engine management light was on. I concluded that the MOT was probably not genuine at this point, not unreasonably in my view.
I arranged for a roller brake test to be carried out and it was reported that the car would not pass the MOT based on the performance shown (just over 30 miles since the pass MOT). With heightened suspicion, I appealed against the result of the MOT with the DVSA who arranged a re-inspection at one of their facilites. I arranged to have the car lifted to the DVSA facility at a cost of £140.
At the DVSA inspection, the brakes performed well enough on the roller test, and there was no sign of play in the top mount bushes, which was surprising to everyone. The did find it was not up to MOT standard for Engine management light, headlight aim too high both sides and the high level brake light not working. They also noted in the advisories of a grinding noise from off side rear brake drum, both front tyres worn close to limit and engine tray secured with cable ties (!).
In addition, I have since found that the air conditioning and radio are not working (power, but no sound).
I wrote an email to the director of the company outlining the defects, and requested a refund under my short term right to reject. He called me the following day and had a terrible attitude. He accused me of trying to get him in trouble with the DVSA (impossible, because he didn't actually perform the MOTs), being to fat to fit in the Smart car and that was the real reason I didn't want it (I'm not, there's a surprising amount of room in those things!) and I would not be getting a refund under any circumstances. He tried to get me to admit several of the defects were not present when I bought it but I didn't bite as I suspected he would most probably be recording the call. He offered a repair of the issues as well (I obviously won't accept this at this point, I don't trust him).
I'm just about to write up a letter to kick off the short term right to reject formally, I'd appreciate any advice with timescales, any follow up letters required etc and help with P.O.C. if we get that far.
Thank you very much in advance!
Matt
I purchased a used Smart Fortwo on 17/2/23. I drove it approximately 30 miles to place I was planning to store it for a few weeks and found a few problems.
It had two MOT's in the days prior, one was a failure for rear brakes, top mount bushes on the front and engine management light. Two days later, it passed with no advisories.
On the drive, I heard a loud grinding noise under braking, heard knocking from the front over bumps and the engine management light was on. I concluded that the MOT was probably not genuine at this point, not unreasonably in my view.
I arranged for a roller brake test to be carried out and it was reported that the car would not pass the MOT based on the performance shown (just over 30 miles since the pass MOT). With heightened suspicion, I appealed against the result of the MOT with the DVSA who arranged a re-inspection at one of their facilites. I arranged to have the car lifted to the DVSA facility at a cost of £140.
At the DVSA inspection, the brakes performed well enough on the roller test, and there was no sign of play in the top mount bushes, which was surprising to everyone. The did find it was not up to MOT standard for Engine management light, headlight aim too high both sides and the high level brake light not working. They also noted in the advisories of a grinding noise from off side rear brake drum, both front tyres worn close to limit and engine tray secured with cable ties (!).
In addition, I have since found that the air conditioning and radio are not working (power, but no sound).
I wrote an email to the director of the company outlining the defects, and requested a refund under my short term right to reject. He called me the following day and had a terrible attitude. He accused me of trying to get him in trouble with the DVSA (impossible, because he didn't actually perform the MOTs), being to fat to fit in the Smart car and that was the real reason I didn't want it (I'm not, there's a surprising amount of room in those things!) and I would not be getting a refund under any circumstances. He tried to get me to admit several of the defects were not present when I bought it but I didn't bite as I suspected he would most probably be recording the call. He offered a repair of the issues as well (I obviously won't accept this at this point, I don't trust him).
I'm just about to write up a letter to kick off the short term right to reject formally, I'd appreciate any advice with timescales, any follow up letters required etc and help with P.O.C. if we get that far.
Thank you very much in advance!
Matt
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