Is this a dodgy MOT, potential refund for car?

  • Haywardini's Avatar
    Hi all,

    Back in july 2023 we were sold a ford Kuga just shy of £8000 with a clean MOT, no advisories.
    We've had countless issues within 6 months and multiple repairs. We're still within the 6 months of purchase and recently the dealer agreed to take the car for an MOT and it failed on the following:

    Do not drive until repaired (dangerous defects):
    Nearside Front Tyre has ply or cords exposed (5.2.3 (d) (ii))
    Repair immediately (major defects):
    Nearside Front Service brake grabbing severely & binding (1.2.1 (c))
    Nearside Front Suspension arm ball joint dust cover no longer prevents the ingress of dirt (5.3.4 (b) (i)
    Offside Front Suspension arm balljoint excessively worn (5.3.4 (a)(Ö)
    Front Sub-frame corroded and seriously weakened (5.3.3(b) ()) •
    Front Exhaust system insecure (6.1.2 (a))
    Monitor and repair if necessary (advisories):
    Nearside Front Brake hose has slight corrosion to ferrule (1.1.12 () 0)
    Nearside Rear Suspension component mounting prescribed area is corroded but not considered excessive under arch (5.3.6 (a) ())
    Offside Rear Suspension component mounting prescribed area is corroded but not considered excessive under arch (5.3.6 (a) ())
    Nearside Rear Inner Seat belt anchorage prescribed area is corroded but not considered excessive sill (7.1.1 (a) (i))
    Offside Rear Inner Seat belt anchorage prescribed area is corroded but not considered excessive sill (7.1.1 (a) (i))
    Offside Front Tyre worn close to legal limit/worn on edge on inner edge (5.2.3 (e)
    rear exhaust touching rear sub-frame
    Nearside Rear Seat belt anchorage prescribed area is corroded but not considered excessive floor (7.1.1(a) (i)
    Offside Rear Seat belt anchorage prescribed area is corroded but not considered excessive floor (7.1.1 (a) ())




    The mileage when we purchased the car was 75,621 and the mileage to date is 77,285. A difference of 1664 miles over the course of around 5 months.

    We believe we are entitled to a refund however the dealer is saying he advised not going down the legal route as it will be expensive and stressful fof both parties.

    Are we correct in saying the MOT originally done on the vehicle the day before purchase was likely a fake dodgy MOT?
    We don't believe these issues would arrise within 5 months especially as we've only been able to drive 1664 miles in total.

    Any help or advice would be greatly appreciated.
  • 7 Replies

  • Best Answer

    NMNeil's Avatar
    Best Answer
    The dealer saying he doesn't want to go the legal route is probably because he knows he'll lose.
    But when you say dealer was it a reputable licensed dealer or someone selling out of their house?
    Either way, contact the dealer and tell them you're going the legal route and ask for the name of his solicitor, his business registration and VAT number, this will stir things up no end and let the dealer know you won't be going away.
    And keep copies of all communications.
  • Haywardini's Avatar
    @NMNeil Hi, thanks for the response.

    Yes we believe they are a legit dealer. They have a website displaying their VAT reg number which we have made a note of. They are now aware that we are requesting a refund and we will be sending official communications (email to the business and letter to the business) laying out everything thats happened in relation to the car repairs alongside relevant legislation and our request for a refund. We potentially have a lawyer drafting up a letter to send to the business over the weekend.

    I've just got off the phone with the seller explaining our position and recorded the conversation. I'm unsure if we can use this legally in court but it's given me peace of mind recording it for personal use anyway.

    We really hope it doesn't come to it but we are fully prepared to take the dealer to court if needs be.
  • Beelzebub's Avatar
    The dealer saying he doesn't want to go the legal route is probably because he knows he'll lose.
    But when you say dealer was it a reputable licensed dealer or someone selling out of their house?
    .
    What exactly is a 'licensed' dealer?
  • NMNeil's Avatar
    Sorry, I was using US law which requires that all new and used car dealers are licensed, bonded and insured.
    I meant was it a credible dealer who has a VAT number and has a registered company, or registered as a sole trader.
    After so many decades in the US to me it's the norm that a car dealer is licensed.
    When you buy a car here you're the registered owner, rather than the strange UK registered keeper, and it's put on your title (log book).
    They just passed a law here that only the person who's name is on the title can sell the car. This is to stop those shady dealers who buy a car, don't bother to register it in their name, to avoid all the taxes, and then sells it, often on Craigslist or from their front yard. Legitimate licensed dealers are exempt.
  • Rolebama's Avatar
    My judgment would be that a front subframe would not suffer extreme corrosion over a normal five month usage with only 1664 miles.
    The problem would be proving that the car was faulty at the point of sale, as it is equally possible that all the faults could be caused within that period, depending on where the car was kept, and how, for some of the faults, it was driven.
  • Santa's Avatar
    I think you need some legal advice. You could try Trading Standards or CAB.

  • Haywardini's Avatar
    We've spoken to citizens advice and they believe we have a case.
    Obviously proving these issues before the point of sale is difficult but that aside we have had about 5 repairs during these 5 months from the dealer.
    He took the car for an MOT to give us peace of mind and it failed. One of the failures was an exhaust issue which was supposed to have been fixed. Under consumer rights they have the right to one repair. After this citizens advice say we are due a refund.