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Car Dealer didn't decare the car he sold me as a Cat D

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Casaloco99
Casaloco99 Posts: 13 Forumite
edited 14 January 2016 at 1:11PM in Motoring
Hi All,

I bought a car back in November. I had a problem with the DPF constantly regenerating and wasting lots of fuel. I looked for the DPF filter however it has been removed. The dealer advised me to have the DPF mapped out and said he said he would cover the costs. I had it mapped out and it now runs fine, but the dealer said it was my choice to remove the DPF (it was already removed, I only had it mapped out to compensite for it not being there). so he will not give me the money back.

This was back in December ^^

I cut my losses as I asked for a full refund within the first three weeks and he said I had removed the entire DPF which he would have to pay £1000 for. He was only offering 1800 instead of the 2800 which i paid. For the sake of court costs it was not worth the money.

Today I foind the previous owner on Facebook. His name was on the logbook. He confirmed the DPF was not on the car when he traded it in and it didnt have an MOT. He asked if I knew the history of the car and I said no.
At this point the previous owner told me it was a cat D. The garage never told me this either and it is not on the receipt. Apparently the previous owner didn't know the car was a cat D until he got a call from the garage a couple of days after trading it in. The guy apparently demanded an extra £1400 because the car was in an accident.

Now I don't know what to do. I've got £3,000 in the car (price + DPF remap) and have put 3,000 miles on it in the 3 month I've had it. I've also scrapped the front bumper, which doesn't both er me but if I tried to return the car he's likely to try reduce the price due to this.

Am I owed any compensation? And was I in the wrong mapping the DPF out even though it wasn't present on sale?
«1345

Comments

  • Talc1234
    Talc1234 Posts: 273 Forumite
    Seventh Anniversary 100 Posts Combo Breaker
    You need to formally reject the car by letter sent by registered post

    Here is a template. You should state the reasons that you reject the car (not fit for purpose - lack of dpf and undisclosed Cat D). Leave the car and all keys with the dealer.

    http://www.which.co.uk/consumer-rights/action/letter-rejecting-a-second-hand-car-bought-from-a-dealer

    If the dealer refuses to refund you, you will need to go through small claims court
  • bigjl
    bigjl Posts: 6,457 Forumite
    edited 14 January 2016 at 5:56AM
    What car is this?

    As a car would not constantly Regen with a simple DPF removal, the engine management light would probably come on and it would likely be in limo mode.

    A DPF Regens when the sensors see a reduction in flow. When the DPF is removed (or gutted) then the amount of flow is to high which is why the car will go into limp mode/put up the engine management light.

    Why would a trader not do a HPi check of a car they are putting in stock?

    As any dealer of a significant size will be able to check these things in seconds as they need to confirm that there is no finance owing.

    When a trader sells a car then the new owner is given "good title" so the debt will remain with the dealer rather than the car.
  • wrightk
    wrightk Posts: 975 Forumite
    reject the car. your entitled to a full refund on so many levels. aside from the cat d issue the dpf has been removed and if an MOT tester were to know about this the car would instantly fail an MOT test (law changed last year i believe)
    Even a stopped clock tells the right time twice a day, and for once I'm inclined to believe Withnail is right. We are indeed drifting into the arena of the unwell.
  • Herzlos
    Herzlos Posts: 15,913 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Have you checked that it's actually a cat D?

    It's always a possibility this chancer lied about that to the previous owner to get him to stump up money.
  • Casaloco99
    Casaloco99 Posts: 13 Forumite
    edited 14 January 2016 at 3:54PM
    I have already tried to formally reject the car via a recorded letter. The dealer met up with me and we have a face to face conversation. This is when he told me I had removed the physical DPF, even though I have proof (previous owner) that it wasn't on there when traded in. He said the MOT certificate was proof the DPF was on the car when purchased.

    Also, I have no proof that he didn't state it being a cat D. IF I ring him and ask if its a cat D, I'm worried he'll admit it and will tell me he told me at the point of sale - which he didn't.

    Is threatening with court proceedings my only option if he doesn't comply?
  • jimjames
    jimjames Posts: 18,710 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    What's shown on the V5?
    Remember the saying: if it looks too good to be true it almost certainly is.
  • jimjames wrote: »
    What's shown on the V5?



    A Cat D wouldn't be shown on the V5 in any circumstances.
  • So I rang the garage that sold me the car, and recorded the phone call. Do you think with a statement from the previous owner, I would be able to claim compensation?

    youtu.be/2qe8kjIwfPY

    Thanks in advance
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Casaloco99 wrote: »
    So I rang the garage that sold me the car, and recorded the phone call. Do you think with a statement from the previous owner, I would be able to claim compensation?

    youtu.be/2qe8kjIwfPY

    Thanks in advance

    Compensation for what?
    Go down and see him like he offered.
  • What sort of car is it?
    Has it caught fire?
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