James
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Registered: 1st Jun 02
Location: Surrey
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As im sure a lot of you are aware i bought a GSi yesterday from a dealer, he had it MOTd before i picked it up so i thought everything would be fine.
Took it for a 10 point check today because i thought the brakes were a bit spongy, turns out the brakes are fine, i just need to get used to the ABS but thats not the point.....
The guy at ATS said the CAT in the exhaust was totally crumbling and falling apart.
Now im no MOT tester but im fairly confident that it shouldnt pass an MOT like that?
My step dad thinks i should take it up with trading standards and im starting to agree. What does everyone think?
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Kerry
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Registered: 5th Oct 01
Location: Norwich
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from what u have said i over the last few days i think its the mot tester u need to be reporting
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Ojc
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Registered: 14th Nov 00
Location: Reading: Drives : Clio 197
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De-Cat
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Charlene
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Registered: 29th Sep 04
Location: Darlington
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Yea i reckon you should, im not being funny but you have seemed to have alot of trouble with it already, maybe the dealer knew someone who would just pass the MOT test for them?
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vibrio
Banned
Registered: 28th Feb 01
Location: POAH
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the inside or outside of the cat?
so long as there is no bad rust or hole then it would pass an MOT
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pauls corsa
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Registered: 26th Feb 05
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if its blowing it will fail if not it will pass an mot
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James
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Registered: 1st Jun 02
Location: Surrey
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quote:
Originally posted by Charlene
maybe the dealer knew someone who would just pass the MOT test for them?
this is what im thinking 
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pauls corsa
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Registered: 26th Feb 05
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is the exhaust blowing?
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James
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Registered: 1st Jun 02
Location: Surrey
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yeh it sounds like it is, but im not used to the sound of a 1.6 engine 
Ill have a look underneath 2moro
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Charlene
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Registered: 29th Sep 04
Location: Darlington
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quote:
Originally posted by James
quote:
Originally posted by Charlene
maybe the dealer knew someone who would just pass the MOT test for them?
this is what im thinking
But you should have the name and address of the MOT tester anyway, so if the worse comes to the worse, then give their address to the trading standards
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pauls corsa
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Registered: 26th Feb 05
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as long as its not then it will pass an mot
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James
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Registered: 1st Jun 02
Location: Surrey
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i do have the name and address, ill take a look underneath 2moro and try and get some pics up
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dna23
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Registered: 1st Nov 04
Location: Northamptonshire
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as its a dealer and they said they had it MOT'd u have a strong case, take it to them and explain at first and ask if theres anything they are willing to do with it .etc, if they say no then explain you shall be going to trading standards and then they shud shoot themselves, if they dont get a good lawyer - take em to court and prove it then make a nice profit 
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ainsley_brader
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Registered: 24th Mar 02
Location: Tattershall, Lincolnshire
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The guy at ats probably thought you might buy a new cat!
Even if its collapsed if its not blowing and it meets emission regs its a pass.
You have no issues with the testing station as you have no contract with them!
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VegasPhil
Premium Member
Registered: 16th Jan 05
Location: Fareham, Hants Drives: Octavia VRS
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The "Free" checks usually try to get you to buy something...
Corsa 2.0 16v Vegas - Sold
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
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Go back to the dealer with the list of faults and give them the opportunity to rectify them.
If you're unhappy after two(?) attempts, take this further.
Legally you MUST allow them to try and sort it.
ps. if it passes an MOT on emissions and has no structural rust, and the exhaust isn't blowing then the MOT is fine.
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Wrighty
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Registered: 28th Feb 04
Location: Howden
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what if the guy at ats is lying...
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Ryan L
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Registered: 4th Mar 03
Location: Essex
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quote:
Originally posted by ainsley_brader
The guy at ats probably thought you might buy a new cat!
Even if its collapsed if its not blowing and it meets emission regs its a pass.
You have no issues with the testing station as you have no contract with them!
please dont talk shit, you have a collateral contract with them, i.e. you are third party to the contract between the MOT and dealers, so yes there is a contract
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corsa_godfather
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Registered: 6th May 03
Location: Greenock,Scotland
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the cars emissions get checked,if the cats crumbling (on inside) it can still pass just depends on emissions
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Ryan L
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Registered: 4th Mar 03
Location: Essex
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quote:
Originally posted by corsa_godfather
the cars emissions get checked,if the cats crumbling (on inside) it can still pass just depends on emissions
thats true, you have no claim against MOT tester if emmissions are within limit
i would say that a CAT on a 10 year old car is unfortunately a wear and tear part and unless it is expressed in the contract that wear and tear parts are covered within the warranty (rare) then you have a poor case, also for them to know that the CAT was dodgy they would have to physically take the exhaust system apart and therefore they are unlikely to have been aware of the fault so in my opinion (providing the MOT is legitimate) you have a poor case against dealer. 
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James
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Registered: 1st Jun 02
Location: Surrey
User status: Offline
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Yes i agree if the MOT is legit i have no case
But if it isnt, i think i have a strong case
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ainsley_brader
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Registered: 24th Mar 02
Location: Tattershall, Lincolnshire
User status: Offline
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quote:
Originally posted by Ryan L
quote:
Originally posted by ainsley_brader
The guy at ats probably thought you might buy a new cat!
Even if its collapsed if its not blowing and it meets emission regs its a pass.
You have no issues with the testing station as you have no contract with them!
please dont talk shit, you have a collateral contract with them, i.e. you are third party to the contract between the MOT and dealers, so yes there is a contract
Elaborate on that one please!
I'm not being fussy or pedantic either i'm genuinely interested if someone would have a "claim" (for want of a better word) against the mot station even though they havent "bought" anything from them.
Ains
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James
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Registered: 1st Jun 02
Location: Surrey
User status: Offline
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Its ok guys the car is getting checked over by a family friend on saturday to see whether or not it should have passed an MOT.
Look out for an update on sunday 
although im going to see junior jack on saturday so will probably be dead
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ainsley_brader
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Registered: 24th Mar 02
Location: Tattershall, Lincolnshire
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Hmm this may be of interest to you, taken from an article in an industry magazine in september 03.
"This was illustrated in a case reported in 2001, where a garage was found liable to pay compensation to the subsequent purchaser of a vehicle for which it had wrongly issued an MOT certificate. The court took the view that the MoT tester owed a duty of care to a prespective buyer who, he should have realised, would rely on the certificate as an indication of the condition of the vehicle, particularly as the sale and MOT took place on the same day."
Now my previous (and now stated incorect statement that you had no contract with the test station but with the seller) stemmed from this separate paragraph in the same issue.
"It may seem tough that the garage which had not carried out the test was prosecuted, but offences under the Road Traffic Act, in common with many other statutory offences, are "strict" - which means you can be liable wether or not there was any fault on your part."
I remembered the article but not the whole content.
Ainsley
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James
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Registered: 1st Jun 02
Location: Surrey
User status: Offline
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Am i reading that wrong or do those sentences contradict each other?
Doesnt the top one says that the MOT tester is liable and the bottom one says the dealer is liable?
Cheers, James
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