Devon TRF Group Forum

mudplugger · Novice

MOT **** up..need advise!

delvey91 · Devon's Best

What is it? KMX 125? Frame and v5 from ebay and swap all the parts over? days work tops

mudplugger · Novice

1989 suzuki tsx 125...not many frames around these days..

.i am looking into legal advise tomorrow hmm

RichT4 · Champion

How could that have passed an MoT?
Is that part somehow obscured by panels?

You could seek advise from the CAB, that'd be a good starting place if you want to take action against the test centre and/or the previous owner.

delvey91 · Devon's Best

Ahh rite still surprised the MOT tester "did not see the damage" abit suspect, Im guessing the exhaust covered some and if the bike was caked in dirt its understandable? Still abit fishy though

Nige · Expert

There was a pretty sorry looking one kicking around my area. I'll try and track it down if you want?

wackyracer · Powermonger!!

just contact VOSA and also report the person who sold it, you will have the goverment on your side then!

What both lots of people have done is real bad and should be held account for their dangerous actions.

I've reported a seller of a car once and a garage selling the same car on the persons behalf, this was all after taking the car to my local garage to have a fault fixed, my local garage wouldn't allow me to drive it anymore - too dangerous!

The court found em guilty and paid my money back in full and i kept the car for spares or proper repair......

cant see how any proper mot person passing that bike in that condition

mudplugger · Novice

I noticed the holes as soon as i saw it....bottom frame tube is not coverd at all..and the bike was clean at the time..i said to the tester that i will get VOSA involved and he said "thats the end of me then "...i dread to think what could of happened if my son was riding it when it let go ! i have given him 24 hours to come up with somthing.

wackyracer · Powermonger!!

Trouble is how many other bikes have been passed with similar or worse problems wink

Your son is lucky you looked at the bike (good ole dad wink )

L'orange · Devon's Best

I would have thought the reason for having laws to protect the public from this kinda of stuff along with an MOT test by fit and proper persons is to protect the likes of your lad.

I say name and shame the muppets

devondan · Champion

If you are going to contact VOSA do it quickly the longer it is left the harder it is for them to take action, give em a ring and talk it through. At the same time as sourcing a new frame! Trading standards should also be interested. Trouble is the cost of you doing anything to get your money back may well be as much as the bike is worth.

Dan

KronreifTrunkenpolzMattighofen · Devon's Best

If the frame was too muddy to see if it was structurely sound then the tester should have refused to test. Simple.

Name and shame them, then go after them.

chrisoncbr · Expert

It's really annoying for you. I take it this was a private sale. You can try to take it further but the rule is "caveat emptor" (let the buyer beware). This means that once you've let the money go, you're on a hiding to nothing and may end up spending money with little prospect of getting anything back. You can report the MOT tester to VOSA and he may well lose his ticket to test but that will do little to get your money back. It's probably best to try and get a 2nd hand frame as suggested above. Your lad has learned a lesson the hard way.

L'orange · Devon's Best

chrisoncbr wrote:

It's really annoying for you. I take it this was a private sale. You can try to take it further but the rule is "caveat emptor" (let the buyer beware). This means that once you've let the money go, you're on a hiding to nothing and may end up spending money with little prospect of getting anything back. You can report the MOT tester to VOSA and he may well lose his ticket to test but that will do little to get your money back. It's probably best to try and get a 2nd hand frame as suggested above. Your lad has learned a lesson the hard way.

And the next young kiddie who tears around the roads in just tea shirt and trainers on his safe MOT tested bike?

potus · Clubman A

That's quite shocking, I would be surprised if the MOT tester actually looked at the bike!

I remember not so long ago a story in the news where some guy crashed a bike where the brakes were in a really poor condition, the poor guy got killed. He had only had the bike a week or so and the Police prosecuted the seller and it was a private sale, I believe he went to jail for this.

No wonder the mot tester is cr@pping himself!

KronreifTrunkenpolzMattighofen · Devon's Best

mudplugger wrote:
i said to the tester that i will get VOSA involved and he said "thats the end of me then "

Should have paid more attention to his work then, seeing as we (the public) trust him to do his job properly.

mudplugger · Novice

Thanks for all your replys guys....i kinda know the bloke who has sold my son the bike i said to him "i hope to god you did not know it was like this " ...he said...get this..his words.." no mate if i knew it was that bad i would of sold it to some other c**t ..this was over the phone..if he had been in arms reach i would of decked him...if he gives me my money back whats to stop him from filling in the holes a lick of paint and selling it to some other victim !!!!

RichT4 · Champion

I think (but am not sure) that when selling a vehicle, even a used one, it has still got to be safe. I'm not sure what will happen if like in this case the vehicle is not safe but was given an MOT certificate.
That's why I suggested speaking to the CAB as they'll let you know where you stand and what legal help you can get.

-- Edited by RichT4 on Tuesday 22nd of March 2011 09:21:32 PM

Bob Adams · Clubman A

Bit of a catch 22 here. You are going to have to decide if you are going to try all you can to get your money back or try and stop it happening to others but in that respect I have a feeling the MOT tester will be more cautious in future.

I wonder if the seller knows the MOT man. Quite possible I should think.

I would have though you may want to try the gental persuasion route. Letter to each of them saying, if I don't get my money back in 7 days I go to VOSA and I don't care which one of you pays me.

I would avoid the legal route if you possibly can. There will only be one winner in that case.

You could look at the Small Claims process but that would leave the MOT man out of the picture and he's got a lot to lose and if the seller doesn't have any money, it will be a hard fight.

jt · Powermonger!!

mudplugger wrote:

Thanks for all your replys guys....i kinda know the bloke who has sold my son the bike i said to him "i hope to god you did not know it was like this " ...he said...get this..his words.." no mate if i knew it was that bad i would of sold it to some other c**t ..this was over the phone..if he had been in arms reach i would of decked him..

I'd be round his place to have a little chat hmm MOT is shocking disbelief see stories of bikes failing on indicators that arn't required and number plates that are 1" to small and yet this gets a ticket???????

Big T · Expert

I had a situation years back where I had just bought a car with a long MOT. I was driving it in Exeter when the rear axle linkage fell off the chassis, causing the car to swerve due to the axle 'swinging free'. I was not happy as the car MOT was less than 3 months old. Part of the test is supposed to check for any rust around suspension mounting points, but the chassis had almost totally disappeared around these mounting points - no way this was clean 3 months earlier.

I rang the garage who MOT'd it (an established dealer in Paignton), and clearly and calmly explained the situation. They sent 2 guys out immediately, who offered to take the car away, put it right, and bring it back again. They were obviously very concerned, and they did as promised with no charge. A couple of big slabs of steel welded on and sealed did the job a treat.

The fact this was offered without me asking, and with no question, suggests they knew they were in the wrong.

Depending on how you feel towards the 'tester' concerned, you have a few choices including:

1) You could report him and potentially put him out of business (maybe deservedly). This would result in you ending up with a bike with a shot frame and potentially worthless MOT, but could save other people's money and lives (?) if this is a common occurrence.

2) You could give him the opportunity to put this right (quickly - within 7 days at the most I reckon), or buy the bike off you at the purchase price.

3) You could try to point the legal system at the seller, as he MUST have known about this, MOT or not. A vehicle should be road-legal if sold as such. This could have the same side-effect as option 1).

Looks like you (or someone) has wire-brushed this frame to expose this fully, so how did it look beforehand? Had it obviously been filled by the seller?

A difficult one. Let us know how you get on.

grouty · Expert

I smell a rat here.
For what it's worth, I would say that the seller & the mot tester are in bed together on this one.
I think Bob is right. Bit of a mates ("yeah, it's fine. Gis a ticket. I'll buy ya a pint") syndrome.
The test is all about safety. This tester does not deserve to have a licence to do so. How many dodgy bikes has he passed, and luckily got away with it.
Both of these people need taking to task over this. Sorry, but I fail to see how the corrosion was not spotted. Helen Keller has nowt on this muppet.

Nick ....... do the right thing. If not for your lad, someone elses !

Rant over !

Clayton · Clubman A

Judging by how obvious the damage is in the photo's I'd say the M.O.T. was done by post, there's no way on this earth the inspector should have missed that.

jt · Powermonger!!

grouty wrote:

I think Bob is right. Bit of a mates ("yeah, it's fine. Gis a ticket. I'll buy ya a pint") syndrome.

If it was (and think your right) then lets hope the MOT tester is bigger and badder than the seller, as due to the fact he's now in deep doggie do do and did the dogey ticket was probably written on 'the trust' that the seller said 'its ok mate' the seller is probably not the MOT testers favorite person right now evileye

As a the father of a young lad myself it makes me even more angry that they have 'taken advantage'...

MartinG · Novice

Absolutely shocking i must say, just a thought though are you a member of any motoring organisations AA, RAC such like because they usually suply members with free legal advice and may even take up the case for you good PR for them.
Martin Cornwall TRF.

devondan · Champion

If you are serious get in touch with VOSA, he could lose his licence, it is also an offence under the Road traffic Act for anyone to sell an unroadworthy vehicle. Report it to Trading Standards, if they wont take it up then go to sols or the CAB.

What to do if you think your vehicle has passed incorrectly:
These cases usually relate to recently bought vehicles and you should let VOSA know as soon as possible.
Subject to acceptance of the complaint, VOSA will offer an appointment within five working days to recheck your vehicle without charge, provided:
no more than three months has passed since the MOT test for a corrosion related problem
no more than 28 days has passed with other defects
The address of your local VOSA office is displayed in the MOT test station or can be obtained from VOSA on 0300 123 9000.
VOSA provide this service as a means of monitoring the MOT Scheme and road safety standards. VOSA cant seek redress or compensation on your behalf although its open to you to take action in conjunction with your local Trading Standards department, take out proceedings personally, or refer the matter to the Police.
VOSA will supply you with the inspection report listing any vehicle defects and advisory items following the check of the vehicle. Any subsequent action that VOSA may decide to take against the testing station that tested your vehicle will be at VOSAs discretion and should have no bearing on any action you may decide to take.

-- Edited by devondan on Tuesday 22nd of March 2011 11:17:57 PM

Bob Adams · Clubman A

Another thought, this is an open forum, name and shame the garage...unless they want to reimburse you for the value of the bike. They are there to prevent this kind of thing.

kevdoyle · Clubman B

i would go all out on this **** who sold your son this bike, he was very nieve but when your young you trust people and it did have a new mot, agree with devondan , vehicle must not be sold knowingly unroadworthy, also "fit for purpose" springs to mind

i would start a paper trail straight away sending both the seller and mot station a letter ( by recorded delivery, so you have a record) outlining that the seller has sold an unroadworthy vehicle on which your son could have had a serious accident on or worse and the mot tester that he has allowed a dangerous vehicle on the road again that could have caused serious injury, give them 7 days to reply with a proposal, then you are getting trading standards / VOSA involved etc, what ever you do you will need to show you have contacted both partys else they could just deny you had contacted them, citizens advice bureux are really good on advice on these type of things, good luck

ps .if i where the mot tester i would buy the bike from you pronto, he is a disgrace

doug9270 · Powermonger!!

Once you get the right result, name and shame please asap, we dont want any of our members having their bikes tested with this tester who is very dishonest !!!

chrisoncbr · Expert

L'orange wrote:

chrisoncbr wrote:

It's really annoying for you. I take it this was a private sale. You can try to take it further but the rule is "caveat emptor" (let the buyer beware). This means that once you've let the money go, you're on a hiding to nothing and may end up spending money with little prospect of getting anything back. You can report the MOT tester to VOSA and he may well lose his ticket to test but that will do little to get your money back. It's probably best to try and get a 2nd hand frame as suggested above. Your lad has learned a lesson the hard way.

And the next young kiddie who tears around the roads in just tea shirt and trainers on his safe MOT tested bike?

I think that point has been well made by the others before me, Steve. I was just covering the practical way forward.

L'orange · Devon's Best

chrisoncbr wrote:

L'orange wrote:

chrisoncbr wrote:

It's really annoying for you. I take it this was a private sale. You can try to take it further but the rule is "caveat emptor" (let the buyer beware). This means that once you've let the money go, you're on a hiding to nothing and may end up spending money with little prospect of getting anything back. You can report the MOT tester to VOSA and he may well lose his ticket to test but that will do little to get your money back. It's probably best to try and get a 2nd hand frame as suggested above. Your lad has learned a lesson the hard way.

And the next young kiddie who tears around the roads in just tea shirt and trainers on his safe MOT tested bike?

I think that point has been well made by the others before me, Steve. I was just covering the practical way forward.

Fair enough chris smile smile