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i recently bought a second hand car with 12 months mot. within 2 weeks i was having problems with engine overheating . i took it back to the car dealers and they said there wasnt a problem with it when it left the forecourt and that if the gasket was even on its way out it wouldnt v passed the emissions test on the MOT..so he says he isnt accepting responsability for it but would pay half towards the bill of sorting it out.. does this seem fair ? have i been had ? also when he sold me the car he give me the mot certificate on its own even though there was an advisory note issued.. should i av been given this advisory note..? and there was no emissions test result with it..should i also av been given this..?.what im asking is does anyone know if he as committed any offences by not giving me these attatchments to the MOT..just so i could at least make him pay the full amount for the repairs..Thanks..

2007-02-13 05:27:29 · 8 answers · asked by Andrew H 1 in Cars & Transportation Maintenance & Repairs

8 answers

I had a Freelander, it had a full MOT & was fine on the emissions test!
It too was overheating & not ticking over right, so I did the age old trick of pouring in NEAT anti-freeze, if a heads on it's way the anti-freeze will finish it off! And sure enough within 25 miles the head blew!
I was lucky as the work was done under warrenty, BUT I did have to stamp my feet & threaten to take it to trading standards/consumer direct, if they didn't
Good Luck with the repair!!

2007-02-13 05:35:36 · answer #1 · answered by Anonymous · 0 0

There is no way to tell if a head gasket failure would make the emissions exceed the mot parameters. I've had vehicle overheat during an emissions test without any adverse effects to the test.

Anyone who offers to pay half a bill IS accepting responsibility to some degree, otherwise they'd give you nothing.

You can go to any Mot station and ask for a copy of the advisory sheet as the whole system is computerised. Bear in mind some of the items on it may have been fixed already.

Emission test results are given to the vehicle presenter after the Mot and are not required to be passed on to a new owner.

At the end of the day, an Mot is only based on the time that the vehicle was checked.

2007-02-13 16:43:01 · answer #2 · answered by Bandit600 5 · 1 0

Most used cars, particularly when bought from a dealer do not come with a warranty, so it's a case of "caveat emptor", let the buyer beware. This dealer sounds like he is willing to help you out. Try the tests below to see if you can definitely diagnose the problem then negotiate a "fix" with him. He wouldn't neccesarily be aware that the car had a blown gasket and most dealers would fix it before selling it if they knew. If he is a reputable dealer he will work with you, if not you can resort to one or more of the consumer protection entities for satisfaction.

The symptoms that you describe could definitely be a sign of a blown head gasket. If the gasket blows between the cylinder and one of the coolant chambers exhaust gas is forced into the coolant system thereby overheating it. It would not neccesarily show up on an MOT emmissios test.

With the engine idling, remove the radiator cap and look for bubbles coming to the surface. That is a sure sign of a blown head gasket. If this is inconclusive have a compression check done on the engine and a pressure check done on the coolant system. This will definitely diagnose the problem.

2007-02-13 13:40:45 · answer #3 · answered by Gordon B 4 · 1 0

OK to answer the first Q the MOT would not have failed on the merits of the head gasket. Here the only area that may have caused it to fail would have been the emmissions and it is not likely that these would have been affected

The second Q is the head gasket. Under the office of fair trading rules I believe that the selling dealer must provide you with the minimum of warranty and this is usually one calander month and when selling a car it must be of reasonable condition and able to do the job of which the purchaser intended(be of merchantable quality)

However if he can prove you were negligent in your duty of care regards maintenance (water and oil level checks) then he will be able to wriggle out of things a bit

Check with the OFT and tell the dealer that you intend to report to them his failing

If he is reliant on selling cars under finance he would not be able to continue trading if he lost his consumer credit licence

Unscrupulous motor trader give me the right hump. Sell cars by all means but give a reasonable deal at the very least

2007-02-13 16:54:29 · answer #4 · answered by Anonymous · 0 0

I'd take his offer to go halfs to be honest. He doesn't have to do anything. Warranty on older cars doesn't cover wear and tear items which a head gasket is. It could theoretically pass an MOT two weeks previously.

The car isn't a rover is it?

Just part of the joys of motoring I'm afraid.

2007-02-13 15:25:40 · answer #5 · answered by Mark B 5 · 1 0

You are getting into areas where different states have different laws. But every state has a regulating agency. Find it, ask them, and then let them turn the heat up on the dealer.

It is possible that he is in the clear, but most dealers tiptoe around when the state starts asking questions so even if the deal was legal all the way around its a great tool for you.

2007-02-13 13:32:31 · answer #6 · answered by Wind Chime 3 · 0 1

hes not breaking the law he doesnt need togive the advisory note.if you bought the car on finance then you 14 days to return the car if outright then it may be different

2007-02-13 13:33:27 · answer #7 · answered by Snot Me 6 · 1 0

no because it will be burning oil

2007-02-13 13:35:09 · answer #8 · answered by sashjohn 2 · 0 1

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