MOT dispute - Car should NOT have passed!
Discussion
Hi people,
I am restoring a MK2 Capri 2.0s which I bought recently as a rolling restoration project.
It's an original 39000 miler, in a rare colour and is cosmetically Very clean. It was sold with a years MOT which was succesfully undertaken the DAY I bought the car (Approx 1st December).
I have since put the car in for some bodywork welding (new rear arches etc) before paintwork commences.
The welder, a good freind of mine, had a good poke about underneath the car and has found some concerning issues, Mainly that the O/S rear suspension mounting section - just by the sill where the rear leaf spring bolts on - is totally rotten.
Also, the chassis top plate has signs of rust including a small split just starting to appear about 1 inch from the top of the turret - Both major structural areas.
These should obviously not have passed an MOT.
On top of obvious safety issues and concerns about further roadworthiness problems (plus what appears to be failing rear leaf springs as well!!), I am now faced with further expense.
Is there any way I can appeal against the garage? Where do I stand regarding any compensation?
Should I approach the garage first?
Any advice appreciated? It's annoying to say the least!
Thanks,
Geri.
>>> Edited by bph on Thursday 13th January 13:49
I am restoring a MK2 Capri 2.0s which I bought recently as a rolling restoration project.
It's an original 39000 miler, in a rare colour and is cosmetically Very clean. It was sold with a years MOT which was succesfully undertaken the DAY I bought the car (Approx 1st December).
I have since put the car in for some bodywork welding (new rear arches etc) before paintwork commences.
The welder, a good freind of mine, had a good poke about underneath the car and has found some concerning issues, Mainly that the O/S rear suspension mounting section - just by the sill where the rear leaf spring bolts on - is totally rotten.
Also, the chassis top plate has signs of rust including a small split just starting to appear about 1 inch from the top of the turret - Both major structural areas.
These should obviously not have passed an MOT.
On top of obvious safety issues and concerns about further roadworthiness problems (plus what appears to be failing rear leaf springs as well!!), I am now faced with further expense.
Is there any way I can appeal against the garage? Where do I stand regarding any compensation?
Should I approach the garage first?
Any advice appreciated? It's annoying to say the least!
Thanks,
Geri.
>>> Edited by bph on Thursday 13th January 13:49
I suspect you can lodge a complaint against the testing station. Not sure it will do any good as it is only valid at the time of the test. As for compensation etc that's between you and the seller as you bought the vehicle after the test was completed.
Try the VOSA website and see if there is a complaints procedure.
Try the VOSA website and see if there is a complaints procedure.
I had a similar issue with my first car... in the end it was off the road for 9 months being stripped down, welded and rebuilt before I could drive it! 
All you can do is report it to the DOT and hope they close down the MOT station. That's what happened in my case.
Compensation is a no goer though I'm afraid.
All you can do is report it to the DOT and hope they close down the MOT station. That's what happened in my case.
Compensation is a no goer though I'm afraid.
I had a similar issue with my first car... in the end it was off the road for 9 months being stripped down, welded and rebuilt before I could drive it!
All you can do is report it to the DOT and hope they close down the MOT station. That's what happened in my case.
Compensation is a no goer though I'm afraid.
All you can do is report it to the DOT and hope they close down the MOT station. That's what happened in my case.
Compensation is a no goer though I'm afraid.
This sort of info must be given to Vosa.
They have a unit that specificaly deals with MOT Testing Stations and they would appreciate this type of info, even withdraw their ability to carry out future MOTs.
They are often doing undercover work rooting out the corupt garages that are basicaly ripping people off.
Trading standards would also like the info.
They have a unit that specificaly deals with MOT Testing Stations and they would appreciate this type of info, even withdraw their ability to carry out future MOTs.
They are often doing undercover work rooting out the corupt garages that are basicaly ripping people off.
Trading standards would also like the info.
Strange that I stumbled upon this thread, as I have a problem along the same lines and need some advice from Tony if possible. It seem that a certain person known to myself is driving around with a false MOT, well not false but aranged as so. Introducer offers to supply mot for car(obviously car dangeroug peice of s@{t from auction0. Car refered to dodgy garage they charge customer and cut goes to introducer.
Now this chap also has false insurance, which has been produced on a previous occasion.
Now I am not the police or anything,but I recognise the danger the rest of us are put in buy this scam. So what next? the garage needs shutting down in my opinion,
and the chap mentioned well he is also a danger to all road users, so the DOT for the garage and the police for the other guy I guess. I do not think our local police will be that bothered , I am sad to say this but unfortunatly I have first hand experience of total ineffienct handling of a few incidents buy them.
I want to help make the roads safer in the right way.
please any help kindly received.
Nick.
Now this chap also has false insurance, which has been produced on a previous occasion.
Now I am not the police or anything,but I recognise the danger the rest of us are put in buy this scam. So what next? the garage needs shutting down in my opinion,
and the chap mentioned well he is also a danger to all road users, so the DOT for the garage and the police for the other guy I guess. I do not think our local police will be that bothered , I am sad to say this but unfortunatly I have first hand experience of total ineffienct handling of a few incidents buy them.
I want to help make the roads safer in the right way.
please any help kindly received.
Nick.
As for the Capri, how much did your welder have to investigate the rust? A panel beater will poke and prod heavily into anything dubious, but an MoT tester is only allowed 'finger pressure'.
The rusty areas are common in old Fords, so an experienced tester would have probably investigated in depth, but a younger guy's probably never even seen a Capri before.
The leaf springs won't fail unless their bushes are seriously shagged.
Good luck with the Mk2, but you've gotta expect that kind of corrosion in a 25 to 30-year-old Ford.
The rusty areas are common in old Fords, so an experienced tester would have probably investigated in depth, but a younger guy's probably never even seen a Capri before.
The leaf springs won't fail unless their bushes are seriously shagged.
Good luck with the Mk2, but you've gotta expect that kind of corrosion in a 25 to 30-year-old Ford.
SpoonMan said:
A panel beater will poke and prod heavily into anything dubious, but an MoT tester is only allowed 'finger pressure'...
Interesting... but I think that the MOT says that there can't be any holes a certain distance from the major structural points! ??? ...this hole came about with a wire brush, and significantly and quickly became bigger to expose serios rot!
SpoonMan said:
The rusty areas are common in old Fords, so an experienced tester would have probably investigated in depth, but a younger guy's probably never even seen a Capri before...
True - I wonder who tested it?
SpoonMan said:
Good luck with the Mk2, but you've gotta expect that kind of corrosion in a 25 to 30-year-old Ford...
...VERY true - but a car that passed it's MOT on Nov 30th (the day I bought it!) simply should not have as much rot in this place - no way!
The annoying thing is that the MOT swung the deal for me too, thought the 12 month ticket would be a good indication to the cars structural condition...
>> Edited by bph on Thursday 13th January 18:04
If you know so little about cars that you would trust an MOT certificate as a gaurantee of condition, why didn't you get your welder or someone who knows cars to check it before you bought it.
Read the rear of the certificate, it says that it confirms that the vehicle only meets the minimum standard to be roadworthy at the time of issue. However, the rest of the certificate contains all the info you need to take it further.
Read the rear of the certificate, it says that it confirms that the vehicle only meets the minimum standard to be roadworthy at the time of issue. However, the rest of the certificate contains all the info you need to take it further.
SpoonMan said:
As for the Capri, how much did your welder have to investigate the rust? A panel beater will poke and prod heavily into anything dubious, but an MoT tester is only allowed 'finger pressure'.
The rusty areas are common in old Fords, so an experienced tester would have probably investigated in depth, but a younger guy's probably never even seen a Capri before.
The leaf springs won't fail unless their bushes are seriously shagged.
Good luck with the Mk2, but you've gotta expect that kind of corrosion in a 25 to 30-year-old Ford.
This is actually not the case.
MOT testers now have a small hammer that they are obliged to use to test the integrity of likely structural weak spots caused by corrosion; each car of course has different weaknesses, but a good tester should know where these are.
On an older vehicle like this, they should have specifically been searching for corrosion; missing it is not on!
You have to be streetwise if you want to get something out of this.
I would contact the garage that did the MOT test first and ask them to rectify the damage.
Although the MOT is only valid as a testimony of roadworthiness for 24 hours, long term, sever corrosion is an entirely different matter; it was clearly in the vehicel at the time of the MOT.
If you discover the MOT was stolen then the person you bought the car from is in serious trouble, and you would have a claim against him for fraud.
IOLAIRE said:
This is actually not the case.
MOT testers now have a small hammer that they are obliged to use to test the integrity of likely structural weak spots caused by corrosion; each car of course has different weaknesses, but a good tester should know where these are.
On an older vehicle like this, they should have specifically been searching for corrosion; missing it is not on!
You have to be streetwise if you want to get something out of this.
I would contact the garage that did the MOT test first and ask them to rectify the damage.
Although the MOT is only valid as a testimony of roadworthiness for 24 hours, long term, sever corrosion is an entirely different matter; it was clearly in the vehicel at the time of the MOT.
If you discover the MOT was stolen then the person you bought the car from is in serious trouble, and you would have a claim against him for fraud.
My MoT tester reckons he's only allowed to use the toffee hammer if a structural component doesn't feel rigid under finger and thumb pressure. But maybe he's just following old advice?
IOLAIRE reminded me about the long-term corrosion aspect, though. If such rust appears within three months of the MoT then you can appeal to VOSA. But, in my experience, they won't want to get involved if you've already made any repairs.
Check this out: www.motuk.co.uk/appeals.htm
As far as compensation's concerned, you might get somewhere with a civil case against the garage, but don't hold your breath. And unless you bought the Capri from a dealer, the ex-owner's untouchable unless you can prove he nicked the MoT – there are thousands out there. Buyer beware, and all that.
>> Edited by SpoonMan on Friday 14th January 08:50
falcemob said:
If you know so little about cars that you would trust an MOT certificate as a gaurantee of condition, why didn't you get your welder or someone who knows cars to check it before you bought it.
...yeah silly that - after all, imagine assuming the cars roadworthy with a brand new years MOT! ;-)
What annoys me is that the MOT was granted - not the actual presence of the rust.
It can be sorted, but it's something I wasn't counting on, that was let go by the MOT tester as safe when it isn't. It'll end up costing ME more money and on top of that, I drove the car home some 70+ miles with severe corrosion on a structural point - If it had let go, and I'd crashed into your car, crippling you in the process, would it have been my fault, or the MOT testers fault for not picking up on it???
- Scary!
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