Bought used car with catalytic converter removed - any comeback?

meanmum

My son bought a used car from a small local dealer, freshly MOTed. Within a few days an engine light came on, he took it back & they managed to switch it off. The light came on again a day later, again he took it back & they said it was due to a small hole in the exhaust & not to worry. He's since had the car serviced & it turns out the catalytic converter has been removed - which probably explains the engine management light staying on! It seems it will need a new one fitting in order to pass it's next MOT. The car is now out of the local dealer's (short) warranty.
Is there any comeback with the original garage? Is it actually legal to sell a car in this condition?
Any advice gratefully received.

Sulli

Absolutely you have comeback if it's a dealer.
The car has been decatted - improves performance slightly but would never pass an MOT, so most peole who do it retain the cat to put back on for MOT. A new Cat will be a few hundred quid!!
The dealer has obviously obtained a dodgy MOT as from the sounds of it he got it done. They have mis-sold in the fist place selling an illegal car. They have subseqently misled you as to the fault and just deleted the fault code as opposed to fixing the problem - a catalogue of dodginess from said dealer.
Go back to the dealer, make clear to them that if they do not resolve this to your satisfaction or give a full refund trading standards, the Police and VOSA will be informed. His dodgy MOT mate will get all sorts of trouble he won't want, as will he, so he should capitulate. You can also claim through the courts, and get a standard letter from trading standards to use for breach of SOGA etc.
Good luck.

Wig

Or....

Another solution... How long ago was the MOT done?

If the car passes an MOT that you take it to today (or just an emissions test), then you will have no comeback against MOT station (and VOSA won't be interested), because it does what it is supposed to do and the MOT station has not fiddled the results. But if the MOT fail is such that the fail is obviously linked to the missing cat, then you have something to complain to VOSA about. Because the MOT station fixed the results.

A VERY long time ago I read a legal article on the back of a which? magazine. Where a seller had sold a car (a Jaguar) which weeks later collapsed as it went round a roundabout, the car had such severe rust that there was no way it would have passed an MOT some 1 - 2 months earlier. AFAICR The legal eagles at Which? did not go after the seller but instead went after the MOT station. They made the MOT station liable for the full cost of repairs to bring the car up to MOT standard. Mulitiple thousands.

The problem is I don't remember which law they used, and have not been able to find out since. And now I am doubting my recollection of the story and maybe they did go after the seller/dealer after all, because the sale was made with a "full MOT" so maybe under SOGA they they sued for not as described or unroadworthy condition not suitable for purpose.

But I am sure they actually sued the MOT station not the seller. Which made the case very unusual and interesting to me at the time.

I feel you would have a good chance to do something similar against seller or MOT station.

flang

Wigs right you will need to get the car re mot'd or an emission test first as the car may pass. (Doubtful though)
What car isit?

SteveJW

Some cars will pass when decatted, but as previously stated from next year if he car was originally fitted with a cat, it must have a cat fitted.

Will be no argument it never had one fitted, tester puts in registration number, on screen dispay will say cat originaly fitted or something similar

verityboo

Currently, it also depends on the age of the car. Cars first registered on or after 1st August 1995 face a far more stringent emissions test. If your car is older than 1/08/95 then its likely that the catalytic converter could safely removed and still pass the MOT. For newer cars the limits are less than 0.3% CO carbon monoxide and less than 200ppm HC Hydrocarbons. The limits for older cars are less than 3.5% CO and less than 1200ppm HC so as long as you don't smoke the test bay out you should be okay

s_b

comments are worthless words in the wind of cyberspace unless full details are given
this page gets more less workable weekly because people only put half information up
no wonder hanratty was hanged

meanmum

Thanks for the prompt comments. It's a 2001 Golf GTI. The MOT was done by a garage very close to the dealer just before my son bought it, so I suspect there is some relationship there (& possibly something dodgy). The CAT was clearly not present when the MOT was done. In the opinion of the garage who did the service, it would not pass an emissions test - but it hasn't been checked as far as I know.
So is there only an issue if it fails an emissions test? Is it legal for the dealer to sell a car with no CAT?

Wig

meanmum wrote: »

So is there only an issue if it fails an emissions test?

I would say so, yes.

Is it legal for the dealer to sell a car with no CAT?

As far as I am aware it would not be illegal, until next year when the new MOT rules come into play, then, whilst still not illegal you could argue under SOGA the car is not fit for purpose, unless the defect was made known in the sale contract. You could try to say now in light of the new MOT rules from next year, that the car is not fit for purpose because you can only use it for 1 year before repair work will be required to bring it to standard..... but I doubt you would win.

s_b

is this car modified????

Strider590

Dare I ask if the dealer put a fresh MOT on it for you just before you bought it? If so, then report them for falsifying an MOT.
It really gets my back up how these guys often pass cars without even looking at then, JUST to get a sale.