Dealer sold me a decat car without declaring the modification, meaning MOT & insurance invalid

Akt

MK60RNZ

30/07/2021 

Car paid for £3900. MOT valid until 15th December 2021

Delivery        £300

Delivered 

One months tax £20

Changeover insurance admin fee £25

Car juddering whilst pulling away. Rattles and creaks particularly when low revs

05/08/2021 

Booked to my garage. 

Beaford garage tel: 01805603212

From Beaford Garage’s invoice :

NSF wing replaced

Exhaust Catalytic converter has been cut out

Front bumper repainted

OSF and NSF arm bushes split

Creaking noises throughout body at the front and the rear and general creaking noises throughout

Garage refused to work further on car. Told me to return it       £48

Phoned and messaged Bradley Car Sales explaining that the next MOT would be too expensive. Told to phone next day to talk to a superior 

06/08/2021 

Phoned Bradley Car Sales and told to phone after the weekend to talk to a superior

09/08/2021 

Phoned Bradley Car Sales and told that I’d be called back that day by a superior 

No return call

According to the Consumer Rights Act 2015 goods must be satisfactory, as described, fit for purpose, and last a reasonable amount of time 

The car is none of the above 

Had I driven it and been involved in an accident then I could have been financially ruined - the insurance was invalid due to the modification not being known and declared.  

10/08/21

Phoned Bradley Car Sales. No reply 

Phoned Bradley Car Sales. Replied and told I’d be phoned back later

Bradley Car sales phones. Offers a refund if car delivered back (+£300 delivery paid by myself, again) 

I refused

11/08/2021

Bradley Car Sales phones then messages to say they’ll collect the car and refund

How to move forward?

Suck up the £345 loss and assume they’ll just sell again?  

Tbh the straw that’s broken this camel’s back is the new understanding that I drove the car not knowing that my insurance was actually invalid.  Had I not taken it to my garage and was unlucky enough to have an accident then oh my, my financial position could have been devastated 

If advise is to send it back, I would absolutely want to try and ensure this doesn’t just happen to the next purchaser.  

Many thanks in advance for any advise/info

Ditzy_Mitzy

I'm not sure what advice you're looking for.  The undeclared modification could have affected an insurance claim, but no such claim was made.  It would also have been possible for you to undo it, were you willing to pay for a new cat, and carry on with the policy on its original terms.  The MOT point is neither here nor there.  The car is only required to pass the test at the point it is presented, it could develop a fault the day after it passed and the certificate would still be valid to expiry.  Some cars will even pass an emissions test without a cat in place.  
The other points concerning the suspension aren't really relevant.  It's ten years old, rubber bushings and so on wear out.  You could have them replaced if you wanted to.  Ditto the wing and bumper, something to tolerate or effect cosmetic repairs to if necessary.  
The garage have agreed to take the car back and refund the purchase price.  What's the issue?
I also don't understand the comments about the £300 fee for transport.  Have you paid it?

p3ncilsharpener

Would the insurance really be invalid because a part had been removed without your knowledge?  I doubt it.

Seems like this should have been posted on the "I want to rant even though I'm wrong" board.

Undervalued

Ultimately the driver is responsible for ensuring that the vehicle is roadworthy and properly insured before driving it on a public road.

Ditzy_Mitzy

p3ncilsharpener said:

Would the insurance really be invalid because a part had been removed without your knowledge?  I doubt it.

Seems like this should have been posted on the "I want to rant even though I'm wrong" board.

Yes it would; the onus is on the driver when it comes to declaring modifications.  The insurer may well have taken a 'view' on it, given the minor nature of the deviation from factory spec, but they would also be within their writes to cancel the policy, depending how the contract was written of course.  

Grumpy_chap

What car is this?

A Nissan Note with very low mileage and a previous disabled or elderly driver?

Not the type of car to have a decat...

Grumpy_chap

This looks great:

Bradley Car Sales phones then messages to say they’ll collect the car and refund

Why not just take that?
What more do you want?

Ditzy_Mitzy

Grumpy_chap said:

What car is this?

A Nissan Note with very low mileage and a previous disabled or elderly driver?

Not the type of car to have a decat...

It's possible the car was subject to theft of its catalytic converter and that a replacement pipe was put in place as a temporary measure.  

Grumpy_chap

Ditzy_Mitzy said:

Grumpy_chap said:

What car is this?

A Nissan Note with very low mileage and a previous disabled or elderly driver?

Not the type of car to have a decat...

It's possible the car was subject to theft of its catalytic converter and that a replacement pipe was put in place as a temporary measure.  

Yes - I hadn't thought of that.  I was thinking more of a souped up Civic Type R or equivalent.

Still don't understand why the OP does not simply accept the refund.

Norman_Castle

Akt said:

Had I driven it and been involved in an accident then I could have been financially ruined - the insurance was invalid due to the modification not being known and declared.

The insurer would need to show the modifications were relevant to a claim. Unlikely a missing cat would affect a claim.

p3ncilsharpener

Norman_Castle said:

Akt said:

Had I driven it and been involved in an accident then I could have been financially ruined - the insurance was invalid due to the modification not being known and declared.

The insurer would need to show the modifications were relevant to a claim. Unlikely a missing cat would affect a claim.

Exactly.