Correct - I'm pretty sure checking that the EML (along with all the other warning lights on the dash) come on is one of the test criteria. So either the MOT centre failed to check it properly/did a dodgy MOT, or the seller was well aware of the light being on, and pulled it after the MOT.
Bought a bit of a turkey.. :/
- Thread starter Zaphan58
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Correct - I'm pretty sure checking that the EML (along with all the other warning lights on the dash) come on is one of the test criteria. So either the MOT centre failed to check it properly/did a dodgy MOT, or the seller was well aware of the light being on, and pulled it after the MOT.
Yeah, its definitely checked in the MOT. If you could prove it, VOSA will murder the station. They're trying to crack down big time on dodgy MOT's.
When I worked at one, I was told they are so strict, they won't allow you to move any of their systems once installed. Like moving their computer from one side of the room to the other.
Surely that wouldn't have passed the MOT as all the dashboard lights have to be working?
And as above, if it was pulled after the MOT, then technically it's not road legal, so even though Sold as Seen, you should be able to do something about it imo.
And as above, if it was pulled after the MOT, then technically it's not road legal, so even though Sold as Seen, you should be able to do something about it imo.
Soldato
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If its a scumbag private seller drive it through his front room window!
As others have said, I would suggest contacting vendor again and offering them the choice on how you proceed - either MoT station or Small Claims. This may well be enough to get some kind of compromise....
EML working is a part of the MoT criteria, so either it was installed and worked correctly at test time and then the lights pulled (unlikely!) or else was not functioning at test time....
EML working is a part of the MoT criteria, so either it was installed and worked correctly at test time and then the lights pulled (unlikely!) or else was not functioning at test time....
Surely that's a crime, if they're selling the car in that state, effectively fraud? Pulling the engine warning lights is no different than lowering the odometer to make the car sell for more. Not to mention the MOT sounds dodgy and may have been a 'cash under the table' kind of deal.
I'd be getting authorities in on this one.
Man of Honour
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My guess is a 1.8T and a knackered turbo if its burning a lot of oil and feels sluggish
Soldato
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Doesn't the EML need to go out after the initial ignition? Feel for you op, seller is banking on you dropping it knowing the long drawn out process of the courts. Pursue mate as even if you don't get your money back hopefully the heat of the law will dissuade him from conning others.
Soldato
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?It's incredibly naive to expect VOSA to do anything to the MOT station, how would they ever prove the car didn't have the bulbs in when it went there? They can't and won't even try.
I wouldn't waste too much time, energy or money trying to get mney back on this if it was a private sale
I wouldn't waste too much time, energy or money trying to get mney back on this if it was a private sale
Man of Honour
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If it's a new car to the purchaser you might well not know which lights are supposed to come on at the point of starting the engine. You'd expect to see some lights normally but which ones could easily be something you don't know offhand.
It's possible for a car to break down at pretty much any point irrespective of the MOT status but given the nature of the faults and the lengths the seller seems to have gone to in order to disguise the true condition it's probably worth a bit of effort in pursuing it even if it's just to satisfy yourself that you tried to recover something from the situation.
had a similar story around 3 years ago bought a cheap fiat punto £800 (my mistake) new the exhaust was blowing the car looked like it hadnt been moved in ages, i thought a new exhaust and a clean good to go. Bought it drove it home and the gears felt clunky and hard so i took it to the garage and it needed a new exhaust and a gear box cost £500 for the lot so i was peeved at that as i'd had it a week, the guy also said the balljoint looked on its way so i said i'd come back and sort that another day after spending £500 on it and just paying £800 for the car (privately) one day i was driving took a slight turn at 50 and the ball joint snapped, drive shaft came out wheel bent under the arch and chasis and everything made a mess and cost me another £300 to fix. I wouldnt ever buy another Fiat again put it that way ... in the end sold it after a year for £500 learn from your mistakes..
I was taken to court (well a room with a magistrate) about 20 years ago for selling a bike with a twisted frame (which I didnt know about).
Was in there 1 minute max when the legal guy said - sold as seen - buyer beware - case dismissed
or words to that effect
Was in there 1 minute max when the legal guy said - sold as seen - buyer beware - case dismissed
or words to that effect
A private seller can know about a fault but aren't obliged to tell you unless you ask.
As above, caveat emptor. MOT station is in the clear unless it can be proved that at the point they passed it it should legally not have been passed. Unless you have in writing from the seller 'no known faults' or something to that effect, you will have no recourse since quite simply even if it did fall to bits and he pulled out the EML, if he didn't lie when selling it it is still not his problem under the law.
Clearly if you have evidence that he lied, or if it is trade, your position is different.
I would not bother to threaten him with small claims court and if you actually took him to court, he will win. Sorry
Drive it until it dies and then sell it for parts/scrap, you'll get a few hundred back and the rest you can make up with a random part time job in under a month without trying
As above, caveat emptor. MOT station is in the clear unless it can be proved that at the point they passed it it should legally not have been passed. Unless you have in writing from the seller 'no known faults' or something to that effect, you will have no recourse since quite simply even if it did fall to bits and he pulled out the EML, if he didn't lie when selling it it is still not his problem under the law.
Clearly if you have evidence that he lied, or if it is trade, your position is different.
I would not bother to threaten him with small claims court and if you actually took him to court, he will win. Sorry
Drive it until it dies and then sell it for parts/scrap, you'll get a few hundred back and the rest you can make up with a random part time job in under a month without trying
Why has everyone sided with the buyer and assumed theyre clueless and innocent?
Why cant the same clueless/innocent status apply to the seller?
Why should the buyer take no responsibility in the choice of car they buy?
its second hand, not brand new. if you have that little clue about buying cars, dont buy them
Why cant the same clueless/innocent status apply to the seller?
Why should the buyer take no responsibility in the choice of car they buy?
its second hand, not brand new. if you have that little clue about buying cars, dont buy them
What's the rest of the car like ? If it's a dog get rid but if the car is decent then get another lump slung in, You got it cheap enough so a cheap engine/fitting & run it for a few years & you've lost nothing.
I say this as somebody that has changed a Golf engine, Not a hard job at all.
I say this as somebody that has changed a Golf engine, Not a hard job at all.