Toyota Land Cruiser - MOT? - strickjumpers

Hello, bought a Landcruiser on Ebay...big mistake, I was abroad and my wife flew south to collect and drive home....on inspection after some suspicion of milage two months later I find car failed MOTON 15th December on 11 items and had 5 advisories then passed on 13th January 17 with no repairs carried out, it was mostly excessive corrosion issues, so easily detected to be unattended to. I cannot determine if the fail and pass were at the same test station. the car is truly rotten underneath if the owner appealed on a form vt17? I think, would this appear on.GOV webpage? I understood the MOT would be logged on to a national computer and failures had to be addressed, not just pitch up at a sympathetic station and go again! Where do I stand, should I get a government inspector to check? get a retest? if all this proves car to be a write off for corrosion where do I stand getting my money back through the courts? the car was described as excellent, all good bits highlighted and none of the problems mentioned. don't want to be left holding a rustbucket condemned by official check, and don't want to sell on in this condition.Help required with advice please, thanks, Mike.

Toyota Land Cruiser - MOT? - RobJP

Right, a couple of factors to consider.

Did you buy it off a private seller, or a trader.

How old is the vehicle, and (roughly) what price did you pay.

Because your rights in law are affected by what 'reasonable expectations' are - which depends on price and vehicle age, and also by the status of the seller - private seller, you've got virtually zero comeback in law.

Do you have PROOF that the work was NOT carried out before the re-test ?

Toyota Land Cruiser - MOT? - strickjumpers

Thank you for the speedy reply,

The car is a 2003 model, admittedly getting on a bit but was marketed on eBay as a private sale although the seller was an eBay trader (denims) Expectations were in line with the description in posting as excellent condition no issues vehicle, nice pictures but no mention of the previous MOT failure for corrosion issues. a week into our ownership, the front cross member if the chassis which holds the radiator in place was so rusty it fell apart at emergency tow ring and dropped causing the sump pan to contact the front wheel when cornering.My question is, if the car failed the MOT... and there was an appeal vt17 i think, would the 11 failures and 5 advisories not have at least manifested as 16 advisories? there are 2 advisories now, there is absolutely no evidence of repairs to the chassis and other structural areas, this is very easy to identify. I can't tell if its been the same testing station by GOV. history, it only gives test number. could it be one of the many dodgy MOT's out there issued? how can you bypass the main computer which has a log of the failure issues, where do I go from here? thanks, Mike.

Toyota Land Cruiser - MOT? - gordonbennet

Sorry but i suspect you will end up putting this one down to experience, sounds like bought unseen and without checking the MOT history online.

I don't understand how the radiator support member failing allowed the sump to contact a wheel, but however that happened it sounds like the vehicle is riddled, is this a 90 or 100 series? at a guess it's lived most of its life in Scotland or else been used as a boat launcher, the chassis is heavy on these and even when they look rusty are still surprisingly strong.

The only good thing is that you may well get your money back by breaking it for parts yourself if you don't think welding will fix it, you'd better check the back end before getting it welded up, they usually rust worse at the back, and if its a 90 series check the shock absorber mounting brackets (part of the rear axle casting), they can rip off.

Edited by gordonbennet on 17/04/2017 at 10:52

Toyota Land Cruiser - MOT? - RobJP

Sorry, I should probably have been more clear.

By 'trader' I meant 'motor trader'.

If this person sells (for example) clothes as a trader, then they are a private seller for the purposes of this sale. Your legal rights are minimal or non-existent, especially for a 14 year old vehicle that a small amount of research BEFORE purchase would have flagged up.

Toyota Land Cruiser - MOT? - strickjumpers

Hi, thanks for everything, but the crux of the question is, what comeback if the MOT has been manipulated? Mike.

Toyota Land Cruiser - MOT? - RobJP

If you feel an MOT should not have been issued for corrosion issues then you have, in law, 3 months from the date of the MOT being issued to appeal to VOSA.

So you are outside that time period.

You purchased from a private seller - so you have no legal rights there.

You failed to do your research before purchase - which would have flagged up the MOT failure. Your own negligence there.

Basically, you have no rights in law at all. Time to move on, and learn for the future.

Toyota Land Cruiser - MOT? - gordonbennet

Hi, thanks for everything, but the crux of the question is, what comeback if the MOT has been manipulated? Mike.

From your second post '' a week into our ownership, the front cross member if the chassis which holds the radiator in place was so rusty it fell apart at emergency tow ring and dropped causing the sump pan to contact the front wheel when cornering''

As i read that you had to do some towing with the vehicle, was it stuck and needed recovery, or were you towing something out, or am i reading this completely wrong and the tow ring wasn't used at all?

In an off road type situation the standard towing eyes are not meant for vehicle recovery situations where forces above and beyond the weight of the vehicle itself might be exceeded, special recovery mountings are available bolted to the strongest thickest parts of the chassis for such things, the standard towing eyes are usually at extremities.

Even if the vehicle was brand new using the standard towing point (which double as a tie down point for transporting) damage could well result in serious damage.

Thing is as damage has now happened, who is to say what influence corrosion had to the result.

If it hasn't been used for towing, and if i'm reading this wrong i apologise, and it just fell apart in normal motoring then maybe an engineers report to VOSA (or whatever thay are called this week) might get some action against the MOT station involved, but unless you bought from a trader with assets i can't see how you are going to get any recompense for the cost of the vehicle or the engineers report, even if you were to win such a claim against either the seller or the MOT station.

I hope i'm wrong, not trying to belittle your disappointment, i'd be just as upset if it were me.

I've run older Landcruisers for some years, people neglect them 'cos its a Toyota truck innit' and leave salt and crud covering the chassis, which isn't treated like a modern car body with galvanised dips and special paints and sealers, they're literally just painted with an undercoat and chassis black much like other vehicle chassis and regular car subframes which despite people's ideas to the contrary rot like billio, hence need regular care in order to stop rust, they're thicker than integral chassis but as we all know if salt is left to do it's thing, rust can do it's work faster than people think.

The very first place you look when buying a Landcruiser or other similar vehicle is underneath, i've spent 2 minutes under LC's before and been back in my car on the way home having never even looked at the body seats engine or anything else.

Edited by gordonbennet on 18/04/2017 at 11:23

 

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