One Not To Buy

[Thomas61]

Amazing how bad a vehicle can be when it looks so up together and tidy.

Hate thinking people get stung with this kind of thing. Is Trade sale just a way of getting around come backs?

http://m.ebay.co.uk/itm/2003-NISSAN-...387?nav=SEARCH

5_9_2017 10_33_53 PM.jpg

[emjaybee]

I'd struggle to justify £95 on that bag of rust.

[Thomas61]

Terrible isn't it.
£995 seems high for a true trade sale.

[emjaybee]

Joking aside, I wouldn't give more than a couple of hundred quid for something with a list of advisories that long.

Hopeful doesn't even come close!

[Banshee]

Requested Chassis and Body pictures

Doubt I'll even get a response

[Thomas61]

Originally Posted by Banshee

Requested Chassis and Body pictures

Doubt I'll even get a response

Liking you style

It had a (early) MOT in Jan and the photo was the list of failures and advisories. Advert states MOT expires Mid June. If the corrective work has not been done should it even be on the road if it fails the early MOT ?. I never remember this sort of thing.

[Banshee]

Originally Posted by Thomas61

Liking you style

It had a (early) MOT in Jan and the photo was the list of failures and advisories. Advert states MOT expires Mid June. If the corrective work has not been done should it even be on the road if it fails the early MOT ?. I never remember this sort of thing.

Bet it's still got the yellow circles on it from being tested

[jims-terrano]

Weve discussed mot failures before. As far as I remember what was said is that a newer result supercedes the older result. So if it failed in January it hasn't got a current mot. So by advertising mot till June they're breaking the law.

[Thomas61]

Originally Posted by jims-terrano

Weve discussed mot failures before. As far as I remember what was said is that a newer result supercedes the older result. So if it failed in January it hasn't got a current mot. So by advertising mot till June they're breaking the law.

Cheers mate, that does makes sense.

[Banshee]

Just had a reply.

Vehicle has now apparently sold and the listing has ended

[emjaybee]

Look out for a new member needing a lot of help.

[Banshee]

Originally Posted by emjaybee

Look out for a new member needing a lot of help.

[macabethiel]

Originally Posted by jims-terrano

Weve discussed mot failures before. As far as I remember what was said is that a newer result supercedes the older result. So if it failed in January it hasn't got a current mot. So by advertising mot till June they're breaking the law.

In my opinion not strictly true Jim if there is a current MoT that has not expired then the vehicle has a valid MoT for Tax & Insurance purposes. They may be guilty of offering for sale an unroadworthy vehicle.

Small print in Vehicle Insurance will stipulate that the vehicle needs a valid MoT and to be kept in a roadworthy condition. If the vehicle is involved in an accident and is then found to be unroadworthy then your insurance cover may revert to 3rd Party Road Traffic Act Cover as required by law.

This will effectively only provide insurance cover for personal injury and not any damage to any vehicles or roadside furniture.
As happens with virtually all fatal and serious injury accidents the vehicle will be subject to a Police Vehicle Examination and one by the Insurance Company. The Insurance Company cannot then say you are not covered as the vehicle did not meet testing standards as a result of a post accident vehicle examination.

If this was the case Insurers would hardly ever pay up in the case of a serious accident where a defect is found on a vehicle. They cannot "Void" your Insurance except in very specific circumstances such as refusing to return a valid certificate when legal steps have been made to revoke the certificate or where a Disqualified Driver makes a false / fraudulent application these ground are enacted in Road Traffic Act Legislation and subsequent Case Law.

A subsequent MoT failure does not revoke the existing MoT but where the defects are dangerous then obviously using the vehicle other than to take it to a place for repair could result in prosecution if the defects constituted an offence of using a Dangerous Vehicle on a road under the Construction & Use Regulations (This legislation may have been updated under new enactments but the gist is the same).

Now consider a situation where the same vehicle had not yet gone for a new MoT test and has a valid test certificate in force. If the driver/owner was unaware of any defects with his vehicle but was stopped by Police who found the defects as listed in the subsequent MoT failure then he would be liable to prosecution for driving / using a Dangerous Vehicle they could not prosecute him for not having a valid MoT certificate.

Police and VOSA roadside examiners can issue a notice where a dangerous vehicle is issued with a Prohibition Notice as a result of a roadside spot check and cannot be moved except by a recovery vehicle. The vehicle then has to be re-tested in accordance with terms on the Prohibition Notice. This system is mainly used against Goods Vehicles where there are serious public safety issues.

There has been a trend by some Testing Stations to inform owners that they cannot drive their vehicle away once it has failed an MoT test. Clearly if a vehicle fails it's test due to a blown headlight bulb and say a split wiper blade then most testing stations would not go this far.

Where I work if a vehicle fails a test for lets say worn steering joints or suspension joints and we are not given authorisation to carry out the work then when the customer collects the vehicle we ask the customer to sign a disclaimer notice before they take it off our premises at their own risk. We provide them with a written copy of the disclaimer under our duty of care to the customer.

I usually get my vehicles tested when there are 3 weeks left on the current MoT. This gives me the opportunity to rectify any defects that may be found and a time window to get it fixed.
It goes without saying that if the failure involved a serious safety issue then I would not use the vehicle for normal daily use but take it to a place of repair of my choosing. This might be my home if it was a job I wanted to tackle myself or say to a Tyre Depot to get some tyres fitted or to a trusted Garage.

Interestingly enough I think there is a disclaimer somewhere in the testing system saying that a Valid MoT test is not an indication that a vehicle is in roadworthy condition!