Is it illegal to sell a car that's unroadworthy?

I recently bought a 2002 Volkswagen Golf for my daughter who is learning to drive. We paid £650 and the car was taxed and MoT'd for one month. When we bought the car the MoT was a clear pass with no advisories and dated. The V5 document was also clear and matched the vehicle and the owner. There was nothing on it about the vehicle having been substantially damaged.

When we sent the V5 off to DVLA for change of name we got a letter back telling us we needed the car to undergo a Vehicle Identification Check at VOSA before they would re-register the car in my daughter's name.

We asked the vendor what all this was about, as when we bought the car she declared it was accident free and in sound condition. When pushed she went all dipsy and said she remembered a little bump damaging one wing and the insurer sent her £900 to get it repaired .

The car has since failed its MoT with very bad rust all along one outer and inner sill which had been very poorly bodged with filler. It also failed on a number of lesser issues such as loose steering swivels, missing boots to joints etc. but the vehicle examiner said he could not see how this same car could have sailed through an MoT last December with not even a comment about the rusted sills

When we checked on the insurance website we found that the car had been declared a Cat C total loss in November 2013, just a month before its clear MoT.

I smell something rotten going on, but I am unclear as to what my next actions should be. Has the (private) vendor committed an offence? If so, who is the enforcing authority, Police or Trading Standards. Do we have a case which we could take to Small Claims Court?

Asked on 8 December 2014 by Jasper2447

Answered by Honest John
Yes, the private vendor has committed an offence by selling you an unroadworthy car. And the MoT testing station that passed it also committed an offence. Tell the vendor that if she does not refund your £650 immediately and take the car back you will sue her in the small claims track of the county court for breach of contract by selling you an unroadworthy car, you will being a criminal prosecution against her for selling you an unroadworthy car, and you will take steps to have the licence of the MoT station withdrawn by VOSA for illegally passing an unroadworthy car.
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