Problems with used car and dealer, less than a month ago

[Farmerb9000]

Hi,
I recently purchased a used car from a dealer, 05.01.2024
Within 4 days the car developed a fault and the engine light came on, they asked me to get a quote at a local garage for repair who told me what the faults were then said they advised me to return to them for repair as there may be other problems present but we're unable to tell untill the thermostat was replaced and the car would get up to temperature,
Should mention that the thermostat wasn't the EML problem it was the soot content of the DPF, however my garage advised that untill the engine couple get up to temperature nothing else would.
I then phoned the dealer who agreed to repair the fault, they had the car 10 days and only changed the thermostat on the last day when I spoke to the garage that the dealer uses.

Picked the car up on Friday noticing a smell all the way, have a feeling there may now be a farely severe oil leak, so yesterday I went to my local garage for diagnostics again, I had suspicions anyway about what the dealer was doing for 10 days, and my garage agrees with me in thinking the DPF has been removed but will confirm today when a ramp is free to have a better look.

What is the best courseof action from here?
I do really like the car and would like it repairing, they obviously won't admit to removing the DPF so how would I go about that matter? The car is unroadworthy and illegal to drive in that condition

Any help would be appreciated thanks

[Pezza54]

Hi
If the DPF has been removed it was illegal for the dealer to have sold the car with missing emissions equipment or return the car to you having removed the DPF (Road Vehicle (Construction and Use) Regulations 61(7) and 61A(3) and the Road Traffic Act 1988 S.42)
As a consumer you are legally entitled to:
Reject the car and ask for a full refund
Ask the dealer to repair the car and replace the DPF
If the dealer refuses to repair the car, get the work done at another garage and make a court claim to recover your costs

[Farmerb9000]

Thanks for quick reply,
I believe they may have only removed the DPF last week, would this alter my case as in effect they didn't sell me the car without one although it was faulty
Thanks again

[Pezza54]

No, if the dealer removed the DPF and let you drive it on the road, they committed an offence

[Farmerb9000]

Have sent the dealer a letter yesterday explaining what I want to happen. The letter is dated yesterday but I gave them 14 days to reply. The 30 days since purchase runs out on the 5 of Feb am I ok to leave it this long or do I need to push for a resolution
thanks again

[Pezza54]

Did your local garage confirm yesterday the DPF had been removed?
14 days is ok. Did you also state what you intend to do if they do not reply or you are unhappy with their response?

[Farmerb9000]

Yes THEY CONFIRMED I sent this letter (with bits removed for posting here)along with photographic evidence and a printout from an automotive scan tool showing strange values that didn't add up correctly
(DEALER PRINCIPAL)
Complaint about faulty goods


I bought a MERCEDES BENZ ML350 (REGISTRATION) from you on 04 January 2024. I paid £6645.


I now find the goods have the following fault:


I am not happy with your previous repair, the thermostat has been changed, but the sensor under the turbo has not been changed as I was told when I collected in the 4th of january

On the 9th of January I returned the car to you after seeking advice from my local trusted garage, they recommended I returned the car to you for a thermostat, and to check for any other underlying problems,

After numerous times calling to find out when the car would be ready and what had been done to the car, I spoke to (REPAIR GARAGE NAME)on Saturday the 13th January to be informed they knew nothing about a thermostat although I mentioned it to (SALESMAN) on the phone, and the person I handed the keys to on the 9th who also wrote them details down along with my name and phone number

I collected the car on the 19th January to find a substantial leak on the oil cooler and evidence of DPF removal rendering the car illegal to drive (see attached photos)(Road Vehicle (Construction and Use) Regulations 61(7) and 61A(3) and the Road Traffic Act 1988 S.42)


Under the Consumer Rights Act 2015, goods you supply must be of satisfactory quality, be fit for purpose and match their description. As there was a problem with the goods when I bought them, I request that you repair the goods at no cost to me also including the broken offside rear coil spring and both front CV boots(which should have been an advisory on the MOT at the very least) or a full refund of £6645 (including your admin fee) and collect the car as it not legally drivable


Please respond within 14 days of receiving this letter.


Yours faithfully,

[Farmerb9000]

No I probably should have done. I would like to get things sorted without threatening trading standards,vosa and the ombudsman etc
thanks

[Pezza54]

That looks fine. Let's hope they agree to full repair or full refund.
If you end up having to make a court claim make sure you get a written report about the removed DPF to go with the photo

[Pezza54]

I forgot to mention not only is it illegal for you to drive the car on the road but your insurance is likely to be invalid

[Farmerb9000]

Thanks. Yes its parked up for now. Really annoyed about this I didn't think I would have been in this position buying from a dealer

[Pezza54]

The term "dodgy dealer" mainly applies to used car dealers. Recently there has been a spate of new members who have bought faulty used vehicles and are querying their legal rights.
Very few, if any, said they had checked paperwork for service records, previous MOTs for mileage, and had asked the dealer if all the electrical instruments, air con etc were working and if it had ever been involved in an accident.
A prospective vehicle buyer should always save or print the internet advert in case they have to prove the vehicle was misrepresented

[Farmerb9000]

I did check mot history (always do) nothing but tyre problems, also got a car check even though was advertised as hpi clear before viewing. asked to see history looked ok few recent big bills which is good in my eyes and did a screenshot of the dealer listing on ebay. Did miss it on auto trader and their website to be fair as it was gone before I got home

[Farmerb9000]

Good news! Phone call tonight saying they will repair all of the items on my letter.
ringing again on Monday to confirm everything, have asked for it all to be put in writing, also asked to extend warranty they have agreed
Thanks for your help