I bought a van from a trader its an 05 plate transit luton about 6 weeks ago so I put it into the garage for a service and the garage call me to ask if i am sure I want to go ahead with the service.

I find this a bit strange and they ask me to come down so I did upon my arrival they take me into the garage and tell me the ABS has been taken out plugs cut to the point it has been stripped from the loom and that I would be lucky to get it through the next mot and I would be looking at over a grand to put it right.

The garage owner said basically it should not be on the road and he would do a report on the van and that I should take it back to the dealer and demand a refund as the vehicle is not fit for the purpose it was sold for.

Anyone had any experience with this kind of situation?

 

You didn't sign anything to say it was sold as seen? Its not fit for the road imo so the trader should give you your money back.

I take it when you turn the ignition on there is no abs light?

 

I thought the sold as seen had long gone ?

 

To me it is a clear cut case of the dealer selling you an unroadworthy vehicle that he must have known had the ABS taken out and would fail on its next MOT. Take a copy of the report from the garage you took it to and demand a full refund. If he refuses go to Trading Standards as it sounds like you are 100% within your rights.

 

No where does anything imply there is or isn't a warranty no sold as seen on anything either though. Glen the abs light has been disconnected to so no light they had done such a good job of removing it that the garage needed to check with the dealer that no van was produced without abs. I phoned the dealer but he is abroad he said he will deal with it when he gets back what that means exactly I am unsure of at this stage hence asking on here if he offers to put it right do I have to accept that or do I just demand a refund tbh either solution would be ok with me but I am unsure of the work time that would involve

 

He's a dealer, like it or not he has responsibilities. He needs to resolve this with you one way or another.

The vehicle is not fit for purpose and all that legal crap, as well as selling it to a customer with a major safety feature not working, and attempted to hide the fact.

 

Importantly - don't let any other garage rectify ANY of the issues. The supplying garage have a right to be given the opportunity to fix the vehicle. If someone else does any work on it, you'll loose any rights you have to claim back from the supplying garage.

Read this and note down everything - times, who you spoke to etc..

http://www.adviceguide.org.uk/scotla..._is_faulty.htm

 

Fook knows then matey.

 

My advice as I said is a full refund end of. If he says he can fix it, be very careful as he will want to get out of it as cheaply as possible and could do a crap job using second hand parts. Ask yourself if you think he can be trusted after knowingly selling you the van with such a major fault!! No brainer in my opinion!

 

Guy said he is not gonna run away from it but can't even begin to discuss it till monday thanks for the advice and i will keep you all posted

 

people always slate the trader-in reality he probably hasnt a clue the car has had abs removed...there are new parts creeping into the mot laws year by year -very easy to catch somebody out big time now,potentially writing a car off.
it is common on mitsubish evo to remove the abs and change it to an rs set up to give more predictable braking when sprinting the car as well as reducing the weight[done it myself] -with a lot of cars having the ayc removed for a mechanical diff too-will these cars ever pass an mot now[a strict one anyway]
i would have thought the van is fit for purpose[transport] as it starts stops
however it "probably" should be able to pass an mot...the fact the garage had to delve further into the facts it is obviously not a very apparent issue

good luck with a solution in your favour

 

How many RST's have had the mechanical ABS removed?!!!


So when you do an MOT then, does the computer tell the tester what should be fitted to the car, like ABS / a DPF etc?




Hope it gets sorted for you.

 

The thing is its an 05 model which has ABS as a standard safety feature, the trader has a responsibility to make sure the vehicle is sold with it intact and working. Just because it starts and stops does not make it fit for purpose.I think anyone would expect a vehicle you have not owned for very long to pass its MOT. without having to have its ABS system put back in!!! It was not an optional extra!!!

 

i think you will find the law concerning goods etc particularly cars is a little more complex than it should and it shouldnt...it is hopefully easily resolved by the trader[refund i would guess] but the vehicle was sold like that-its easily visible,and it could also be argued that it is fit for purpose dependant on where vosa place the goalposts-if you get my drift its not entirely black and white
vosa themelves keep altering rules when they realise they have made a mess of it-eventually

 

You can remove the ABS and pass the mot, its when its not properly removed that it fails or if its just not working.

 

If you remove it in its entirety yes that would probably be deemed acceptable in most cases.

Removing only part of the system and/or trying to hide the fact, is a big no no

That said, the test only tests for functionality of the ABS warning lamp, so if this behaves as expected, that should keep the MOT man happy unless there is some obvious tampering with the physical install that would lead them to query it further.

 

We can fail them for items missing or defective.

 

Hence removing it in its entirety, it would be up to the tester to prove it was fitted in the first place. Whereas with only parts missing, that really wouldnt be difficult at all.

And with the former...it isnt missing so much...as just not there lol

Surprised that ABS would be a new thing with the MOT there though, it's been like that here for as long as I can remember

 

I have not slated the trader or named and shamed them the guy seems reasonable and has probs been caught out also. I simply asked where I stood as I do not want to pay a premium buying off a trader in the first place and be stung for the abs also if I potentially am protected in some way as nobody else I am sure would either.

If a kid ran out on me and I hit them and they found out abs was removed I am sure I would be hung out to dry would I be able to stand in a dock and say it was fit for the road?

 

Not necessarily your fault and the lack of ABS in a vehicle you just bought certainly couldn't be deemed your fault anyway. Besides, most people dont know how to use ABS properly in the first place.

Many freak out when it's activated and lift off the brakes !

 

Please dont start feeling sorry for the dealer you bought this from. You are the one who has been sold a van with its factory fitted from new ABS removed. If it is ok to remove it ( as some people have said ) why did the MOT station where you took it not just pass it and say nothing ? They obviously realised it is wrong and that is why they have written a report for you ( over a grand to fix it!!! ) and asked you to come and see the van. I would accept nothing less than either a full refund or a new ABS system fitted by a main dealer.

 

I am not feeling sorry for the dealer I am prepared to give him the benefit of the doubt right up to the point he refuses to deal with it or whatever before I go down naming and shaming or to trading standards small claims courts etc

 

I'm an mot tester and we have a chart in the mot bay that has a list of every vehicle. It tells you what sequence the abs light has to come on "ie, light comes on and goes out after approximately 30 seconds" etc. if I bring a car in and there's no abs fitted or no light comes on then I look at that list and of the car and the year match one on the list that should have abs fitted then u go on the mot computer and fail it if the system is missing and fitted as standard or a problem with the light not coming on or the light not going off as it should etc.

 

Thanks for your information, I could not see as some people have said that the ABS can be removed and the van still be fit for purpose. I just hope for the guys sake that the dealer does the right thing and sorts it out properly.

 

if there are models of the same basic van the abs would be regarded as an add on-not a necessary feature
its the mot rules that the van would seem to be falling foul of...

i too wish the op a good outcome[refund etc]

 

No probs. I did fail one a couple of years ago for abs being removed (was a dodgy trader) but he left some of the stuff on the car so it was obvious lol :-( I'll double check on the mot computer tomorrow for u that its still a failure item as like I say it's been a couple of years and vosa are always changing things! I'll take a photo of the screen and put It on here so u can see either way

 

ALL the answers are here.

http://www.motinfo.gov.uk/htdocs/m4s03000401.htm

 

I took it into a garage today they reckon it is obvious it should be there and the list of bits needed to rectify it seemed endless all brake pipes need replaced as they have all been straightened out all sensors need replaced ABS pump needs replaced all wiring needs replaced also and to cap it all of one sensor was partially left on the vehicle? I called the trader twice no answer so left it 45 minutes withheld my number and called back got some story he was in the hospital and not in the office but he asked when it was removed my reply was sometime before my purchase he said he would speak to his mechanic and get back to me still waiting. I have been advised to not put it in for an MOT incase they miss it and it somehow passes as this would pro long the problem till next year or get a garage into trouble should I try get a case against the dealer I also have tried to get 3 quotes to rectify the problem no one wants to touch it because of the loom been cut one garage said its a breaker at best. I will give the dealer till the end of play tomorrow to get back to me then will have to persue him through trading standards and a small claims court if no joy luckily I never sold my old van so can still work a small mercy i guess.

 

 

Turns out the whole system can be removed! My apologies, this must have changed since I last failed one years ago. Hope that helps! Just checked on the mot computer at work

 

No probs do you think I should just put it in for an mot and see what happens then?

 

Yeah if it's due an mot then as long as the entire system has been removed then there's no reason it should fail on that the screenshot I took was on the mot computer at work so the mot tester will have access to that too

 

I think if you put it in for an mot and the tester does not notice it and passes it, the dealer then can wash his hands of it if it has passed an mot.

 

He says one sensor was partly left on the vehicle so the whole ABS system has not been removed? Surely still wrong and an MOT failure?

 

Funny when you get a problem the dealer is suddenly in Hospital or not available!!

 

Wouldn't take 2 minutes to get that off I was just telling him what it says on the mot computer, if everything's removed then jobs a goodun

 

See what comes of the dealer trying to sort it first of all.

 

I wouldnt put it through an MOT, i'd turn up at the dealers with it and offer him the choice of my money back or it gets driven through the front of his property.

 

A full refund is the only sensible option here really.

 

I'd go with this lol! Have u only just bought it then? I'm getting confused as u said u wanna put it through an mot so assumed you'd had it a year or something?