Used Car bought - No DPF? What to do?

[Jspeno_99]

Hello,

I bought a Golf GT TDI 170ps from a garage at the start of March 18. 5 days later the DPF light came in and it went into limp mode, i took it to the closest garage and they couldnt regen it so it was left with them for 2 weeks whilst they fault found.

£300 later the MAF was replaced, the DPF sensor and it was force regened with the help of a VW mechanic - all seemed ok!

Fast forward 2 weeks and the DPF light came back on, i took it to another garage and they said it was a non genuine DPF sensor that was fitted so they replaced it and regened - all well. (£130)

Today the light came on again!

I took it to a VW specialist and they conducted a thorough investigation and came to the conclusion there were illegal welds on the underside of the DPF and it had been removed! (the internals) This is illegal and the car is not road worthy - it will fail an MOT.

This is less than 2 months after buying the car

To be honest I just want a full refund and for them to pick the car up as im not paying the £2000 for a new DPF that should have been there in the first place?

Any advice appreciated

Thanks in advance,

Jamie

[ostell]

Have you told the original garage about the problems? If you had told them within 30 days you would have had the automatic right to reject.

Now write (to make a paper trail) to the selling garage telling them that the DPF is defective and include that report from the VW garage. Tell them you are rejecting the car because the car has no functioning DPF. Unfortunately, as it's past 30 days, you have to give them one chance to rectify the situation. It's covered in the Consumer Rights Act 2015, which you quote in your letter.

[des8]

Hi and welcome

How did you pay for the car...HP/credit card?

[Jspeno_99]

Hello,

thank you for the replies

I sent them a letter first time around when the bill was £300 for the MAF and new sensor, they sent a cheque for £250 - which i accepted

we have now found that the DPF is actually illegal and can not be fixed.

I bought the car via bank transfer

jamie

[des8]

Although ostell is correct about the seller having the right to one chance of repair, you also have leverage to a full refund as the seller has breached the Road Traffic Act 1988 sec 75 (1) (3 a ii) &(5).
It is illegal to alter the construction of the vehicle, and to sell such a vehicle.

Probably also have the possibility of rescinding the contract using the Misrepresentation Act 1967, although if it was found to be innocent misrepresentation you might be awarded damages rather than a full refund.

[Jspeno_99]

des8

amazing reply, thank you very much

when you say damages, i am guessing that it will be the full price of the vehicle

in addition to this we have had numerous hotel stays (being stranded in various areas)

the car was also sold with 2 unroadworthy tyres (worn side walls), frayed seatbelt, worn break pads (as in non road worthy) and 3 chips in the windscreen, ll of which were not on the advert - i didnt pick any of this up when i purchased the car either

i asked for a refund on these items after i had them repaired (within the 30 days) and a soliciter sent me an email saying that they are not responsible for it

[ostell]

List all the extras that the car has cost you, including those hotel bills, and add it to the claim, it's allowed, though you may not get them (it's worth a try). Make sure you mention the CRA.

[Jspeno_99]

Sorry mate, CRA?

[Kati]

Sorry mate, CRA?

Consumer Rights Act 2015

[des8]

Worth getting a written report from the VW garage if you haven't already done so.
You might need proof... they already employing a solicitor and you haven't yet mentioned court!

[Jspeno_99]

@Des8

this suffice you think mate?

[Amethyst]

removed personal info for you xx

[Jspeno_99]

Amethyst

wow, didn't even think of that!

thank you

[LawfulWarrior]

What I would also recommend you do Jspeno_99 is contact your local Trading Standards due to the illegality of the car which was sold, because they may also have a case history with other buyers who have went through similar experiences as yourself.

I would also conduct some checks on the garage if you can by checking their credentials for example if they claim to belong to trade body or have any other accreditations Plus also check if they a member of the Motor Ombudsman for potential ADR (Alternative Dispute Resolution) remedy.

Lastly if you intent or wish to bring a Court Claim against the Garage I would also check that the garage is either a sole trader or limited company because you want to make sure that if you do decide if ADR is unavailable or not suitable in your case the name of the garage or its directors on the claim form correctly is watertight so if you need to instruct a Bailiff or High Court Enforcement Officer (HCEO) [When escalated to the high court for enforcement purposes] or in Scotland Sherrifs Officers/Messenger At Arms to enforce any court order which you obtain then they cannot turn around and state the name on the CCJ/Writ/Decree is not the correctly named.

[des8]

That VASSTECH doc convinces me!

Whilst you have grounds to complain using the CRA 2015, the most you will possibly obtain is a direction that the seller must put the vehicle into a condition where it complies with the requirement to be of satisfactory quality (in other words ..repair it). This is because you have missed the 30 day deadline for a full refund. You probably won't recoup all the losses you paid out for earlier and if you did get a refund there would be a deduction for the usage you have had
(I suspect some long distance travel if you had become stranded and had to pay hotel costs)

Do you still have a copy of the advert?
It might be useful if and when you invoke the Misrepresentation Act 1967, and don't forget to mention their breaches of the Road Traffic Act 1988

You can post up your letter prior to mailing it if you want, so that peeps here can tweak it for you.