Car purchased from dealership, deemed not roadworthy at MOT

[RavingHippo]

Good afternoon all,

I was just hoping for a few pointers if possible. I bought a car 9 months ago (very high end) and recently went for my pre MOT checks and it turns out the car isn't road worthy due to the emissions the sports exhaust is putting out. The dealer knew about this (they build high end cars and they made the exhaust themselves) and still sold me the car. The car is on finance and I've been through the correct processes/channels (currently waiting for things to move along but it takes a while). I just wanted to hear some thoughts on where I might stand with this as it's quite stressful? Will I be able to reject the car? I don't really want to put a standard exhaust back on as that's not what I wanted to purchase and therefore the car wouldn't be as originally described (I never would have gone for it). Plus the car would need retuning to less power which again, isn't what was originally advertised.

Many thanks

[echat11]

Hi Raving

Welcome to LB

How did you pay the deposit? How much was it?

You have evidence i.e. the MOT etc, (not as described) so you should be able to reject the car through the finance company / dealership.

[RavingHippo]

Hi ECHAT11,

Thanks for replying. I paid deposit on credit card then some via bank transfer then the rest HP. Value: over £100,000.

I had to change the exhaust for the MOT just to get it through but have since got a local MOT station to give me an emissions printout and cover letter confirming the car isnt roadworthy.

Finance company declined my complaint, now with ombudsman. I guess I'm just looking for some reassurance that it should hopefully go in my favour and they rule a rejection is most appropriate. You think it should go my way?

Regards

[echat11]

You've got evidence, so should go your way. Ombudsman are known to be 'fickle'.
Wait and see, update thread when you get a response.

[RAVINGHIPPO2]

Can't seem to get back into my other account!

First part of the ombudsman complaint went in my favour, naturally the finance company have disagreed despite clear evidence. The investigator said 'If the ombudsman's conclusions are different from mine, they will explain why and let you reply before they give you their decision. Otheriwse, they won't usually get in touch before issuing their decision unless they need more information'. So I presume from this, if I don't hear anything between now and decision time, it should be in my favour?

Also as the investigator has gone in my favour, is there usually a good chance the ombudsman will follow their view?

[echat11]

Can't seem to get back into my other account!

First part of the ombudsman complaint went in my favour, naturally the finance company have disagreed despite clear evidence. The investigator said 'If the ombudsman's conclusions are different from mine, they will explain why and let you reply before they give you their decision. Otheriwse, they won't usually get in touch before issuing their decision unless they need more information'. So I presume from this, if I don't hear anything between now and decision time, it should be in my favour?

Also as the investigator has gone in my favour, is there usually a good chance the ombudsman will follow their view?

Correct on both counts, but if investigator / Ombudsman were to direct traffic, there would be an almighty mess. But things do sound positive.

[RAVINGHIPPO2]

Correct on both counts, but if investigator / Ombudsman were to direct traffic, there would be an almighty mess. But things do sound positive.

Hi ECHAT11,

Hope all is well, it's been a while! Slow process this....

What do you mean by 'were to direct traffic, there would be an almighty mess' ?


Thank you for replying prompty and sticking by with your thoughts throughout this process so far!

[echat11]

Hi ECHAT11,

Hope all is well, it's been a while! Slow process this....

What do you mean by 'were to direct traffic, there would be an almighty mess' ?


Thank you for replying prompty and sticking by with your thoughts throughout this process so far!

Only, that they can be 'unpredictable'. But the Ombudsman generally backs up the 'investigators' findings, which is in your favour.

[RAVINGHIPPO2]

Only, that they can be 'unpredictable'. But the Ombudsman generally backs up the 'investigators' findings, which is in your favour.

Ahhh I understand, thanks for clarifying. It's frustrating as there are no timeframes given. Just means we are approaching 9 months of no car and it's starting to impact my job. My case is marked as urgent too and it's still sluggish