Issues with Car Purchase and Dealer's Response - Need Advice

[Bigry93]

Hello everyone,

I’m seeking legal advice regarding a situation I’ve encountered after purchasing a used BMW M235i (registration WM65 YNR) from a dealership, Precision Motor Group in 2022. Here’s a breakdown of the issues I’m facing:

1. Undisclosed Modifications: After experiencing a drivetrain fault, I took my car to BMW for diagnostics. They informed me that the fault was likely due to the vehicle being decatted and tuned, which was not disclosed at the point of sale. I had no prior knowledge of these modifications.
2. Extensive Repairs Required: Due to these illegal modifications, extensive work is now needed on the vehicle to restore it to its original condition and ensure it operates safely and legally. This adds significant financial burden, as I wasn't aware of these issues when I made the purchase.
3. Lack of Advert Evidence: When I approached the dealership to discuss the issue, the salesman stated that without evidence of the original advertisement, I have no claim. This has left me feeling frustrated and uncertain about my rights as a consumer.
4. Consumer Rights and Burden of Proof: I understand that under the Consumer Rights Act 2015, goods must be as described and of satisfactory quality. The law indicates that the burden of proof lies with the seller to show that they did not misrepresent the vehicle's condition. Therefore, I believe it should be their responsibility to prove compliance with disclosure requirements, not mine to provide proof of the advert.
5. Diagnostic Reports as Evidence: I have the diagnostic report from BMW indicating that the drivetrain issues stem from the modifications. I hope this will serve as substantial evidence in my case.
6. Next Steps: I’m considering escalating the matter to the Motor Ombudsman and possibly involving my finance company (Oodle Car Finance), as I understand they may also share liability under Section 75 of the Consumer Credit Act.

I would appreciate any advice or insights from those who have faced similar situations or have knowledge of consumer rights and legal protections in the UK. What steps should I take next? Do I have a strong case without the original advertisement? Any help would be greatly appreciated!

Thank you!

[sandfordboy]

Was the vehicle advertised on Ebay ?? Where have you checked to find the original advert ?

[Pezza54]

Hi
Welcome to LB

I am not a mechanic and have very little knowledge of car engines, warning lights, exhaust systems etc, so the start of my post is based on what I have read online
Your 2015/16 car should have faced stringent exhaust omissions test at its last one or two mots. Without a catalytic converter fitted it should have failed the mot(s)
I am not sure why the dealer states you need the original advert, unless the advert described the car as engine modified and cat removed. The dealer could argue you were made aware of the modifications by the advert.
You need to prove that the catalytic converter was removed before you bought the car and the dealer failed to make you aware of this problem with the car. I don't know how you are going to prove this (see para 2 - car passed mot)
If you are still paying finance on the car, the finance company is the owner of the car and you would need to involve the fc in any claim
Section 75 is for credit card purchases. Did you pay a deposit by credit card?
You should check the dealer is affiliated with the Motor Ombudsman before starting a complaint with this organisation
The BMW diagnostics report stated that the fault was "likely" due to the vehicle being decatted. In my opinion for a successful claim you would need an expert report with wording stronger than just "likely"
I am sorry I can't be more optimistic about a claim to the motor ombudsman or court. They will take the age of the car, mileage, purchase price and the usage you have had driving the car into account

[Bigry93]

Hi
Welcome to LB

I am not a mechanic and have very little knowledge of car engines, warning lights, exhaust systems etc, so the start of my post is based on what I have read online
Your 2015/16 car should have faced stringent exhaust omissions test at its last one or two mots. Without a catalytic converter fitted it should have failed the mot(s)
I am not sure why the dealer states you need the original advert, unless the advert described the car as engine modified and cat removed. The dealer could argue you were made aware of the modifications by the advert.
You need to prove that the catalytic converter was removed before you bought the car and the dealer failed to make you aware of this problem with the car. I don't know how you are going to prove this (see para 2 - car passed mot)
If you are still paying finance on the car, the finance company is the owner of the car and you would need to involve the fc in any claim
Section 75 is for credit card purchases. Did you pay a deposit by credit card?
You should check the dealer is affiliated with the Motor Ombudsman before starting a complaint with this organisation
The BMW diagnostics report stated that the fault was "likely" due to the vehicle being decatted. In my opinion for a successful claim you would need an expert report with wording stronger than just "likely"
I am sorry I can't be more optimistic about a claim to the motor ombudsman or court. They will take the age of the car, mileage, purchase price and the usage you have had driving the car into account

Thanks for this Pezza

I did actually manage to get Auto Trader to pull their advert from the archives

and it states

• Price: £20,995
• Color: Grey exterior, with a full red leather interior
• Key Features:
  • Navigation (NAV)
  • Heated seats
  • Sunroof
  • Harman Kardon sound system
  • Electric folding mirrors
  • Bluetooth connectivity
  • Xenon headlights
  • Air conditioning with dual climate control
  • Cruise control
  • Parking sensors (front and rear)
  • Multifunction steering wheel
  • Service history available
• Upgrades:
  • Enhanced Bluetooth preparation with USB audio integration and voice control
  • Front electric seat adjustment with driver memory
  • Adaptive M Sport suspension
  • Visibility package
  • Various other interior and exterior enhancements (e.g., metallic paintwork, sport braking system, etc.)
• Additional Information:
  • Part exchange welcomed
  • Viewing by appointment only
  • Cards accepted
  • Warranty available
  • Various finance and PCP options for all credit profiles
  • AA approved dealer, part of the AA dealer promise
• Contact Information: "Please call for more information"

So there was no mention of the Decat or Tuning, i understand it passed the MOT Twice which is questionable, however the MOT pass isn't something in my oversight as i am not a mechanic nor an MOT Tester so i would still have been none the wiser (in my opinion)


While passing an MOT indicates that a vehicle met safety and basic roadworthiness standards at the time of testing, it does not guarantee that all modifications, particularly illegal ones like the absence of a catalytic converter, were inspected or identified. An MOT is limited in scope and primarily assesses road safety and emissions compliance.

• Source: GOV.UK - MOT Testing Guidance

It will be an interesting case..

[sandfordboy]

So, as part of the AA dealer arrangement was the car subjected to the stringent pre-sales inspection ? If so, is the catalytic converter mentioned in the inspection ? If you have the V5 document do you have the I.D of the previous owner ? If so, surely that person can confirm if the cat was removed whilst they owned the car & if they disclosed this to the dealer that they sold the car to ? The information must be out there.

[Bigry93]

So, as part of the AA dealer arrangement was the car subjected to the stringent pre-sales inspection ? If so, is the catalytic converter mentioned in the inspection ? If you have the V5 document do you have the I.D of the previous owner ? If so, surely that person can confirm if the cat was removed whilst they owned the car & if they disclosed this to the dealer that they sold the car to ? The information must be out there.

I've approached this avenue today, didn't think of adding this in the evidence Sandford, this has been really useful thank you!