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I found out my car was declared by insurance total loss after I bought it.

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Original post by IWMTom
How exactly is it unroadworthy?

Road Traffic Act 1988 sec.75, it doesn't it matter if the seller is private or trader or anything else. If you sell a good which put someone life in danger is a criminal act.

By unroadworthy I mean he sold me a car with headlamps insecure and I drove the car many times night before I found out, and the car have some metal element from structure that have been affected by a previous accident and some of them are still on the car like, radiator and all AC system and condenser, front reinforcement and more(all of them they were hit). The garage after changing front grille told me they can't gave me the car back until I fix the headlamps (replace them cost 1500 pounds or repair them 100 Pounds with 6 month guarantee from them), so I repair them and I got that in papers legally to drive the car safe. The garage told me all metal parts need to be changed immediately and radiator with all AC unit because those parts don't present safe and the reinforcement bar as well, so the car is unroadworthy.
Reply 21
Original post by Cristian130
Road Traffic Act 1988 sec.75, it doesn't it matter if the seller is private or trader or anything else. If you sell a good which put someone life in danger is a criminal act.

By unroadworthy I mean he sold me a car with headlamps insecure and I drove the car many times night before I found out, and the car have some metal element from structure that have been affected by a previous accident and some of them are still on the car like, radiator and all AC system and condenser, front reinforcement and more(all of them they were hit). The garage after changing front grille told me they can't gave me the car back until I fix the headlamps (replace them cost 1500 pounds or repair them 100 Pounds with 6 month guarantee from them), so I repair them and I got that in papers legally to drive the car safe. The garage told me all metal parts need to be changed immediately and radiator with all AC unit because those parts don't present safe and the reinforcement bar as well, so the car is unroadworthy.

I don't need legislation quoting thanks.. I asked a simple question.

To confirm, the only part that makes it "unroadworthy" is the loose headlights? How exactly are they loose?
Original post by Cristian130
The MOT was done in nov 2020.

Lessen learned.
1. I will never buy a car again from private, it was due to pandemic and I tried to stay safe with less human contact.
2.The MOT is 4 month old.
3.I have proof from my insurance the car was declared total loss but it wasn't on his watch, he got the car after impact from a mechanic.
Original post by IWMTom
I don't need legislation quoting thanks.. I asked a simple question.

To confirm, the only part that makes it "unroadworthy" is the loose headlights? How exactly are they loose?

If you got parts on your car that make it unsafety on roads and that parts present Hight risk for you and others you can't drive the car on public roads until you fix all problems. And the car have more parts that need to be immediately changed because is dangerous to drive. I dint new about those problem and I never been told when I ask because he new the car does worth the money.
I ask him 5 minutes before I pay for car if he really changed the headlamps and he told me ,, yes my friend, I changed them to BMW-Mini Cooper Dealership''. Three days ago I call them to check what he said and they told me official by mail and with legal paper that he declined the replacement of the headlamps and they FAIL him at MOT, and he never come back to them for finish the MOT.
Reply 24
Original post by Cristian130
If you got parts on your car that make it unsafety on roads and that parts present Hight risk for you and others you can't drive the car on public roads until you fix all problems. And the car have more parts that need to be immediately changed because is dangerous to drive. I dint new about those problem and I never been told when I ask because he new the car does worth the money.
I ask him 5 minutes before I pay for car if he really changed the headlamps and he told me ,, yes my friend, I changed them to BMW-Mini Cooper Dealership''. Three days ago I call them to check what he said and they told me official by mail and with legal paper that he declined the replacement of the headlamps and they FAIL him at MOT, and he never come back to them for finish the MOT.

Can you stick to answering the questions rather than rambling off on to tangents please? It makes it rather difficult to analyse the situation when you do so..

I'll copy and paste my questions from the previous post... please observe the above prior to responding:

To confirm, the only part that makes it "unroadworthy" is the loose headlights? How exactly are they loose?
If it wasn't for the magic of duct tape my headlights would rocket out the front of my car and brain a pedestrian whenever I stopped :tongue:
Original post by IWMTom
Can you stick to answering the questions rather than rambling off on to tangents please? It makes it rather difficult to analyse the situation when you do so..

I'll copy and paste my questions from the previous post... please observe the above prior to responding:

To confirm, the only part that makes it "unroadworthy" is the loose headlights? How exactly are they loose?

They were insecure, and if we took a pit at night they could move and lose visibility and this could lead to an accident.
Reply 27
Original post by Cristian130
They were insecure, and if we took a pit at night they could move and lose visibility and this could lead to an accident.

Not really an answer to my question...

To confirm, this is the only issue that makes the vehicle "unroadworthy"? How exactly are they "insecure"? What's broken?
Original post by IWMTom
Not really an answer to my question...

To confirm, this is the only issue that makes the vehicle "unroadworthy"? How exactly are they "insecure"? What's broken?

I attached a photo of the parts from headlight that are broken and they were insecure when he sold the car to me.
Reply 29
Original post by Cristian130
I attached a photo of the parts from headlight that are broken and they were insecure when he sold the car to me.

So this is the only thing making it "unroadworthy", yes? How exactly did your mechanic resolve the issue without replacement housings?
Original post by IWMTom
So this is the only thing making it "unroadworthy", yes? How exactly did your mechanic resolve the issue without replacement housings?

Welding plastics. They did a good job by welding and now I can drive it safely. They gave me a invoice for the work and guarantee for 6 mounth.

It is not the only thing that made the car unroadworthy, the front reinforcement bars are bend on the car and the engineer told me the car is dangerous to drive it unless I change the reinforcement and the radiator too because it has holes in it but not leaking yet.
Reply 31
Original post by Cristian130
Welding plastics. They did a good job by welding and now I can drive it safely. They gave me a invoice for the work and guarantee for 6 mounth.

It is not the only thing that made the car unroadworthy, the front reinforcement bars are bend on the car and the engineer told me the car is dangerous to drive it unless I change the reinforcement and the radiator too because it has holes in it but not leaking yet.

If that's the case, how come you drove it away from the garage? How come you keep saying "I can drive it safely"? An unroadworthy vehicle is by definition a vehicle that is not road legal. You're flip flopping between roadworthy and unroadworthy.

How exactly is it unroadworthy beyond what seems to be a simple welding job that has since been resolved?

You've mentioned the air conditioning system, but that's nothing to do with road worthiness. You've mentioned the radiator, but it's functioning perfectly fine, so that's nothing to do with road worthiness.

I'm afraid this sort of flip flopping tomfoolery wouldn't cut it in court...
Original post by IWMTom
If that's the case, how come you drove it away from the garage? How come you keep saying "I can drive it safely"? An unroadworthy vehicle is by definition a vehicle that is not road legal. You're flip flopping between roadworthy and unroadworthy.

How exactly is it unroadworthy beyond what seems to be a simple welding job that has since been resolved?

You've mentioned the air conditioning system, but that's nothing to do with road worthiness. You've mentioned the radiator, but it's functioning perfectly fine, so that's nothing to do with road worthiness.

I'm afraid this sort of flip flopping tomfoolery wouldn't cut it in court...

I just explained to you the garage fix the problem for me to drive safely, and the guy sold the car not saying about the problem with the headlamps and I didn’t now about them and about front reinforcement bend and other metal parts that were hammered and fit again to the car. The engineer from garage told me the car need to be fixed because is dangerous to drive and that’s why is unroadworthy in this moment.
They fix my headlights to take er home and think about what to do with the car. I can’t invest 4500.00 pounds to fix the car because the seller lied about the car. I will invest that money to take him down and get my money back.
(edited 3 years ago)
Reply 33
Original post by Cristian130
I just explained to you the garage fix the problem for me to drive safely, and the guy sold the car not saying about the problem with the headlamps and I didn’t now about them and about front reinforcement bend and other metal parts that were hammered and fit again to the car. The engineer from garage told me the car need to be fixed because is dangerous to drive and that’s why is unroadworthy in this moment.
They fix my headlights to take er home and think about what to do with the car. I can’t invest 4500.00 pounds to fix the car because the seller lied about the car. I will invest that money to take him down and get my money back.

So the car is both roadworthy and unroadworthy at the same time. Did this car previously belong to Mr Schrödinger?

You can't have it both ways. Which is it?
Original post by IWMTom
So the car is both roadworthy and unroadworthy at the same time. Did this car previously belong to Mr Schrödinger?

You can't have it both ways. Which is it?


I’m sorry but this thread is hilarious because OP is going back and forth in each paragraph either saying it’s road worthy or not !
Reply 35
Original post by Tashax2
I’m sorry but this thread is hilarious because OP is going back and forth in each paragraph either saying it’s road worthy or not !

Absolutely correct. I'm genuinely baffled as to their logic.
Original post by IWMTom
Absolutely correct. I'm genuinely baffled as to their logic.

If someone's going to spend 10k cash on a 2/3 owner+ Mini and not even check the paperwork/receipts there's not a lot to be done really, chances of them correctly reading/filing legal paperwork is v little. :rolleyes:
Original post by IWMTom
So the car is both roadworthy and unroadworthy at the same time. Did this car previously belong to Mr Schrödinger?

You can't have it both ways. Which is it?

How you call a car when someone tells you can drive your car only on short distance because of the bad condition. Garage told me if I get involve in an accident to a highest speed I could hurt myself seriously because the front reinforcement are weak and the car is not safe to drive.
How you call that? Because now I’m scared to drive it after they told me about it.
And can you tell me if the seller have any right to sell a car in that condition?? After I ask him about any damage in past or hidden issue or if the car need investment after I buy it. So you tell me I bough that car with serious problems that could put my family in danger and previous owner lied about any questions I ask him, is not guilty??
A weakened 2018 mini is still safer to drive than a 100% original 1970's Rolls Royce. Thanks to airbags etc.

I'd happily drive a 1970's Rolls Royce with no particular concerns about safety at all.

Having said all that, if you have written proof that the seller lied, and he refuses to give you a refund, take him to court. Especially if you have a good chance of winning. Although be prepared for him saying he's spent all the money and can pay you back at the rate of 20p per week.

And you can always sell your mini now. Probably for a huge loss. But you should stil get over £5k for it. Use £1k to buy yourself another car. The sort of car that they buy on the Car Throttle Youtube channel.
(edited 3 years ago)
Reply 39
Original post by Cristian130
How you call a car when someone tells you can drive your car only on short distance because of the bad condition. Garage told me if I get involve in an accident to a highest speed I could hurt myself seriously because the front reinforcement are weak and the car is not safe to drive.
How you call that? Because now I’m scared to drive it after they told me about it.
And can you tell me if the seller have any right to sell a car in that condition?? After I ask him about any damage in past or hidden issue or if the car need investment after I buy it. So you tell me I bough that car with serious problems that could put my family in danger and previous owner lied about any questions I ask him, is not guilty??


That was just a jumble of words.

I'm going to ask this again and I want you to answer either yes or no...

Is the car currently unroadworthy?

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