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Mot Failure - Rust.


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#1 Brian422

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Posted 24 June 2015 - 10:39 AM

My mini failed it's original MOT test on 15th June and was told that it would cost £300 + VAT to rectify. I did not authorize test station to repair rust but removed car and engaged specialist welder with 40 years experienced to complete repairs - Cost £50.

Took car back for retest but the found another 'rust' hole near a repaired section.

I suspect they were being bloody minded and punched a hole on the floor pan.

Please view photos, comment and advice on how I should proceed.

All suggestion gratefully received - non violent preferable  :angry:

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#2 Carlos W

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Posted 24 June 2015 - 10:43 AM

They should've found it the first time, that is a common area for rot.

 

Was it going in for a full re-test?



#3 Gerbil367

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Posted 24 June 2015 - 10:50 AM

Without any before and after photos it would be hard to prove anything.  As it is a full re-test its even more of a let down as they didnt 'find' this the last time!  Get your welder on the case and the car back in time for it to be checked under the same MOT timeframe.  Not much else can be done really :shy:



#4 Carlos W

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Posted 24 June 2015 - 10:52 AM

The edges do look very clean



#5 dyshipfakta

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Posted 24 June 2015 - 10:54 AM

Can this be patched well from inside the vehicle with the subframe still attached?

#6 spiguy

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Posted 24 June 2015 - 11:09 AM

The edges do look very clean, and though there is clearly some rusting there, the peeled back bit of metal looks of reasonable thickness, and has clean edges which at least suggests that the metal was not rotted through. It's a tricky one, but in my opinion there has been a bit of a desire there to create that hole. They are only supposed to use a proscribed tool to test for corrosion, and I doubt it would have made a hole like that.

 

Trouble is, if you try to fight it then it could cause you alot of stress, possibly money and I am not sure it is worth it. Personally I would repair it (easy and quick fix should be easily doable with the subby in place) and take the car somewhere else for the MOT.



#7 FlyingScot

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Posted 24 June 2015 - 12:50 PM

Is it where the bung is ?
I had a local garage lift one of mine by the floor pan (aargh) and punched out the bung leaving a similiar hole with a tear...failed its MOT

FS

#8 Brian422

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Posted 24 June 2015 - 01:09 PM

Can this be patched well from inside the vehicle with the subframe still attached?

Hopefully yes.

 

They should've found it the first time, that is a common area for rot.

 

Was it going in for a full re-test?

All I know was it was a Retest - whatever that means.

 

The edges do look very clean, and though there is clearly some rusting there, the peeled back bit of metal looks of reasonable thickness, and has clean edges which at least suggests that the metal was not rotted through. It's a tricky one, but in my opinion there has been a bit of a desire there to create that hole. They are only supposed to use a proscribed tool to test for corrosion, and I doubt it would have made a hole like that.

 

Trouble is, if you try to fight it then it could cause you alot of stress, possibly money and I am not sure it is worth it. Personally I would repair it (easy and quick fix should be easily doable with the subby in place) and take the car somewhere else for the MOT.

I understand sentiment, regarding stress and money but it just ticks me off when garages overprice and 

 

They should've found it the first time, that is a common area for rot.

 

Was it going in for a full re-test?

They did find some rust on the corner and this was circled with white chalk by examiner and a new piece welded in place. You can just see edge of black paint welder applied when he'd finished.

 

Thanks for all the comments and moral support.

try to take advantage. I definitely won't be returning to same test centre.



#9 sonikk4

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Posted 24 June 2015 - 03:44 PM

To me that's looks like undue force has been used to create that hole. It would be nice to know what is the prescribed force allowed to check for rust.

#10 Tamworthbay

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Posted 24 June 2015 - 04:42 PM

They are supposed to 'tap moderately' with the specific tool. That hole has not appeared from a small bit of rust falling out. It certainly looks to have been helped along. I wouldn't use that garage again.

#11 surfblue63

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Posted 24 June 2015 - 06:04 PM

I would report them to DVSA under there appeals system.

 

https://www.gov.uk/g...our-test-result

 

 

If the car was in for a retest then it should only have been tested for the previous failed items and then given a pass. If they have found more problems then they did not do the test correctly the first time. Either way they have not followed the correct procedure and VOSA would probably be interested to hear about a dodge MoT tester.

 

http://www.mottestin...ation-fail.html

 

 

 

If Your Vehicle Fails Due to Other Items If the vehicle is left at the MOT testing station for repair and is retested before the end of 10 working days following the day of failure, then only a partial retest is needed for which no fee is charged.

If the vehicle is removed from the testing station for repair and returned for retest within 10 working days following the day of failure, then only a partial retest is needed and a partial retest fee is charged.   In any other case a full retest is required and the full MOT test fee will be charged.   Only one free partial retest is permissable per full examination.

 

 


Edited by surfblue63, 24 June 2015 - 06:09 PM.


#12 spiguy

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Posted 24 June 2015 - 06:51 PM

They would probably just claim that they were just being thorough in their checking of the repaired area, since the new hole is right next to the original area of concern, they could argue that they expected the repair person to properly check and repair that whole area including the bit where they have bashed a hole through.

 

The more I look at the pictures, the more intrigued I am as to how they made that hole. It has to have been 'cut' in some way - it's like the lid of a tin peeled back, and the edges of all the metal that has been peeled are clean and bright and a good thickness. I think they may have used a very sharp chisel to do that. Cut at three edges then peeled back. It's definitely dodgy. Or maybe there was a tiny hole or thin bit and the put that through and did the rest with tin snips. It definitely has the look of having had a cutting edge taken to it.

 

I think if it was being pursued, the line would be to accuse them of willfully damaging the car based on the appearance of the hole. But it could be a difficult and stressful process that may yield nothing.


Edited by spiguy, 24 June 2015 - 06:53 PM.


#13 lewBlew

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Posted 25 June 2015 - 09:19 PM

If they found another hole near the repaired holes I think yes they were stupid not to find it in the first place, but everyone makes mistakes and the fact is the car is still not roadworthy. I would take the hit and go elsewhere next time (which will be this time as you have had your free partial re-test already).

 

Sucks ay!



#14 Brian422

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Posted 26 June 2015 - 03:04 PM

To me that's looks like undue force has been used to create that hole. It would be nice to know what is the prescribed force allowed to check for rust.

Found this link to The Testers Manual that explains exactly how examiner should assess corrosion - very useful http://www.motuk.co...._appendix_c.htm

 

 

I would report them to DVSA under there appeals system.

 

https://www.gov.uk/g...our-test-result

 

 

If the car was in for a retest then it should only have been tested for the previous failed items and then given a pass. If they have found more problems then they did not do the test correctly the first time. Either way they have not followed the correct procedure and VOSA would probably be interested to hear about a dodge MoT tester.

 

http://www.mottestin...ation-fail.html

 

 

 

If Your Vehicle Fails Due to Other Items If the vehicle is left at the MOT testing station for repair and is retested before the end of 10 working days following the day of failure, then only a partial retest is needed for which no fee is charged.

If the vehicle is removed from the testing station for repair and returned for retest within 10 working days following the day of failure, then only a partial retest is needed and a partial retest fee is charged.   In any other case a full retest is required and the full MOT test fee will be charged.   Only one free partial retest is permissable per full examination.

 

 

 

Contacted VOSA but all they'll do is perform another MOT and determine whether car, as presented to them, should pass/ fail. They cannot determine where, when or who cause hole. They do give guidance on whether correct procedure was use. According to The Testers Manual, first comes visual, then finger/ thumb pressure, only light scraping with alloy end and light tapping with plastic/ rubber hammer. Definitely no poking or heavy scraping of affected area. When you think about it, 'enthusiastic' use of assessment tool will destroy evidence of corrosion.

 

If they found another hole near the repaired holes I think yes they were stupid not to find it in the first place, but everyone makes mistakes and the fact is the car is still not roadworthy. I would take the hit and go elsewhere next time (which will be this time as you have had your free partial re-test already).

 

Sucks ay!

You may think I'm nuts but I hate it when someone take advantage of their position - in this case being an MOT station - to get work through devious means. I will push the issue as far as necessary. I've sent them a registered letter and quoted terms of Supply of Goods and Services Act 1982 which outlines their responsibilities.

This may appear over the top as I plan on selling car once welding has been done and it's MOT'd.

If you need a good welder, I can thoroughly recommend Des Coles in Bristol. He's been welding for 40 years and clubs and even car dealers take cars to him. He's not into tack welding. All his welding is seam and his charges are reasonable.






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