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Old 24-06-2004   #1
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MOT Retest Results........FAILED!


Having bought our Sei on the 3rd June and it having passed its MOT only the day before and taking into consideration with problems with the brakes the Department of Transport MOT Inspector checked it today and FAILED it[V]. Luckily they cannot void an MOT certificate once its been issued and will advise in writing what needs doing to put it right.
They cant take any action against the garage who passed it onyl 3 weeks ago as we've put more than 30 miles on it since then (thats from travelling to the garage that sold us the car to replace the cracked rear tyres) but confirmed in its current condition it failed on:

- Front brake pads and disks unequal
- Rear brakes (they actually stuck during the test and they're
trying to release them as I type)
- Front suspension bushes
- Front brake calipers

Having sought advice from Trading Standards I have advised the garage that sold me the car that I will put my complaint in writing with the bill for the work to be carried out and should he not reply to my satisfaction in 14 days I will take him to the small claims court! Well my calm yet firm tone paid off a little cos he wants to know what needs doing and he will sort out a repair...what he doesn't know is that there is no way on this earth one of his mates/garages are touching my car and I will offer him 3 quotes for him to chose from!!

Does this sound fair?

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Old 24-06-2004   #2
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yeah sounds like the best bet is if you can get it repaired at a garage of your choice.maybe push your lick and get a fiat quote:)

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Old 24-06-2004   #3
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No pushing luck to it. Get a Fiat quote.

Cheers

D

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Old 25-06-2004   #4
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lol if you give him a choice of quotes he wont pick the fiat one! sounds perfectly reasonable, possible damages for the hassle? wouldnt be much but it would teach him a lesson
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Old 25-06-2004   #5
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The offending MOT station should have action taken against them - idiots! 30 miles or not, it's a few weeks old and none of your problems could just have appeared since then!

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Old 25-06-2004   #6
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Going to give him two local garage quotes (i'm doing him a bloddy favour by opting for a used caliper as it is) and also a Fiat quote!
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Old 25-06-2004   #7
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let this be a lesson to all, a new mot is not in any way a garentee that the car does not have any problems.

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Old 25-06-2004   #8
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Go and get them tiger!!

"- Rear brakes (they actually stuck during the test and they're
trying to release them as I type)"

The linkages inside the drum that pivots the handbrake may be sezied! A hot flame and some oil will get them free again.
A sod to remove - 2 weeks later the handbrake cable snaps - nice easy job to replace it with correct tools.

Mike


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-40mm Lowing Springs
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Old 25-06-2004   #9
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Make them pay for a Fiat repair - they messed it up - they pay to fix it properly!!!!
Simple as that!
Matt

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Old 25-06-2004   #10
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You are forgetting what the MOT's about - it is not a guarantee of roadworthyness.

I am sure if the brakes stop the car within a set margin, that's enough to pass an MOT.

Similarly, if the hand brake stops the car from moving on a set slope then it's a pass - the condition of the calipers etc. is not important provided they work (to the minimum standard) and do not pose an immediate danger.

Hence rusty bodywork is permissable, provided it does not affect the structural integrity of the car and is not a threat to pedestrians.

The symptoms described here: Uneven pads, etc do not pose an immediate threat - so the car passes.

Of course you can get a list of things that could be better - but that's different to an MOT. That's why the garage can't be prosecuted - the car does conform to the minimum standard (albeit not for long).

So unless the car was sold as "in excellent condition" and not as "with 1 year MOT" will you be able to claim back the repair costs. This is because the car does meet the minimum standard for the MOT, as it was sold.

Regards,

Martin


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Would swap for X19, Montecarlo Spider or GT.i.e in average/poor condition! Scottish based would be nice.
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Old 25-06-2004   #11
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Martin, isn't it true though (not sure, not exactly bought from a car seller before!) that it must be in a roadworthy condition unless sold as "trade"?

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Old 25-06-2004   #12
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thats right if bought from a dealer must be in road worthy condition, unless he sells as "spare or repair or sold as seen" but i think you have to let them carry out any repairs don't think you can get it repaired then charge them, but not sure on that bit may be diffrent if its emergency repairs and you are some distance from seller.

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Old 25-06-2004   #13
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Thought roadworthyness was what the MOT was about, I've heard many stories of Dealerships/garages etc giving out substandard machinery.

In the end they only want your money.

Liam

**** happens!
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Old 25-06-2004   #14
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Quote Quote:
Originally posted by bloomfieldliam
Thought roadworthyness was what the MOT was about, I've heard many stories of Dealerships/garages etc giving out substandard machinery.

In the end they only want your money.

Liam

**** happens!
MOT only confirms that the vehicle met the minimum acceptable standards at the time it was tested, it does not confirm that the vehicle will remain roadworthy.
how ever if within 28 days of the test 3 months for rust or corrosion related problems, you consider the condition of the vehicle did not justify the issue of a test certificate you can contact any vehicle and operator services agency office and ask for details on how to appeal.
do not have your vehicle repaired before any appeal test is carried out.

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Old 25-06-2004   #15
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The sale of goods act has moved on a bit in the last couple of years. Goods sold as part of a trade or business must be of 'acceptable quality'. This is different from the roadworthiness issue in relation to the passing of an MOT.

Reading the thread again, I think the cracked tyres would be an outright fail, the brakes possibly would be good enough to pass the MOT.

The dodgy tyres would certainly call in to question the correctness of the MOT and could/should ring warning bells.

So it comes down to what is acceptable of a car of a given age.

Cheers

D



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