mot faulty on car just purchased private sale

[SHEEPOFDESTINY]

The car was advertised as excellent runner, clean no problem. We spoke to the guy numerous times and text messaged numerous times to make sure because it was quite a distance to travel. We checked the mot on the Dvla website all seemed well the car failed on steering components leak and other things but 4 days later was mot again and passed with no advisory.
myself and my husband to the long journey to see the car we was buying for our daughter. The seller was not the registered owner said he was a friend and another guy was with him was said to be the husband of the owner. We telephoned our daughter to tax it.
Arrived back home and the steering was stiff so the next day took it to the garage who told us that the steering had not been fixed along with other items on the mot. The steering was very dangerous and unroadworthy they had bodge it up and poured fluid so we would not recognise the fault at the time.
The v5 log book I insisted on keeping because we had no proof of the ownership's address had I given it back. But we did not realise that it had not been signed by the owner.

We phoned and text the seller and the husband to say that under the sale and goods act we wanted our money back. and we would be writing to the owner also. They replied that they would deal with it when they received the letter.

We went to see CAB they said to send the letter to the owner and also to the seller giving them 10 days to reply. If no safisfaction go back to them. Also to report it to the VOSA as it seems the MOT is dodgy. It is now on the drive but we cannot drive it as it is dangerous. Our problem now I cannot send the V5 of because it hasnt been signed and I don't want the car. Can I sworn it because I don't want to insure it, but I don't want to be fined.

Can anyone give me any advise please.

[des8]

Re: mot faulty on car just purchased private sale

I regret to say you have a problem.

Basically you saw the car and had the opportunity to examine it before purchase.
This leaves you with very few rights.

However when you write to them, point out that to sell a car in an unroadworthy condition is actually illegal (Road Traffic Act 1988 sec 75)

On speaking to the owner/seller did they confirm the good condition of the car (in addition to the wording on the advert)
I assume you are not car mechanics so you would possibly have relied on their verbal assurances as you examined the car,
That, plus the illegal action of selling an unroadworthy condition could give you the right to declare the contract void through misrepresentation.
If successful you would recover all your costs.
Have you yet written to seller/previous owner.


Write to DVLA explaining you have purchased an unroadworthy car,the seller has failed to complete the V5, but as you are in fact the current keeper you are declaring a SORN.
Send whatever documentation you have by "signed for" post, and keep a copy of it.

[SHEEPOFDESTINY]

Re: mot faulty on car just purchased private sale

Thank you for your reply.
I am going to telephone the dvla tomorrow and explain the situation. Yes the seller did confirm the good condition of the car verbally and in many text messages. We have written to the previous owner and sent the letter via registered post and emailed the seller claiming our money back re the Sale of Goods Act. The Road Traffic Act 1988 sec 75 was not mentioned because the Cab never mentioned this. They gave us a ref no. and said that if we didnt get any satisfaction to go back. But we needed to report to the VOSA. But if they co operate and agree to give the money back within the next 14 days is it necessary to send of the v5 yet.

[des8]

Re: mot faulty on car just purchased private sale

See what DVLA say tomorrow

[des8]

Re: mot faulty on car just purchased private sale

Have you checked the position of the seller/
I know he said he was a "friend", but I just wonder if he was actually a dealer masquerading as a private individual helping a mate.
If the advert was online, see if he has other vehicles for sale and do a Google search on his name and address if you have them.