u/Local_Dependent_5342

Looking for advice from anyone who has dealt with a used-car rejection, a difficult dealership or a Section 75 dispute.

Earlier this year, I bought a used diesel car from an established dealership with around 200 cars in stock, paying £7000. Within just a few days, it developed serious problems with excessive exhaust smoke, poor running, a strong exhaust smell and DPF/emissions issues.

I reported the problems to the dealer, whose representative acknowledged an issue and suggested possible EGR or turbo problems. Over the following weeks, the car went back to the dealer three times for investigation and attempted repairs. The underlying problems continued despite being told they had been resolved.

The dealer eventually confirmed in writing that the DPF had been removed, professionally cleaned by a specialist and reinstalled, and that they considered the issue fixed. However, the problems persisted.

I then arranged an independent inspection through Automotive Consulting Engineers (ACE). Their report recorded exhaust fumes entering the cabin, intermittent smoke that worsened under load and at operating temperature, smoke returning at idle and other issues. ACE concluded that the faults would have been developing at the point of sale.

The dealer challenged the findings and requested further information, but the engineer maintained their position following the subsequent review. ACE’s follow-up correspondence stated that the car was not considered serviceable because the DPF still appeared defective despite the professional cleaning. It also raised concerns about the excessive smoke and the risks of continuing to use the vehicle before the problems were rectified.

There is another concerning aspect. I subsequently obtained video evidence suggesting that the DPF and catalytic converters had been removed and not refitted. I never authorised their removal, and the components have not been returned. This appears to have happened after the car had been in the dealer’s possession for investigation and repairs, although I cannot independently establish exactly who removed the parts or when. However, there are no weld marks on the casing, so there is no practical way they have removed it to clean it. I want the dealer to explain what happened.

I formally rejected the car under the Consumer Rights Act 2015 after the repeated unsuccessful repair attempts, but the dealer has refused to accept the rejection. I have now sent a final Letter Before Action and am considering issuing a small-claims case.

The money involved

I’m pursuing approximately £8,500 in total:

• £7,000: The original purchase price
• £1,500: Additional expenses, including work at the dealer’s garage that I authorised at purchase, the ACE inspection, unsuccessful repairs at a local independent garage following ACE’s recommendation, and further DPF/catalytic converter checks.

The Section 75 complication

The car and purchase paperwork are in my name, but a close family member paid the main balance in person at collection using their credit card. I paid the deposit myself.

The cardholder is my parent, and I live with them. I’m in full-time education and financially dependent on them. This was a family purchase, with the car put in my name for insurance purposes to help me build my own no-claims discount.

My parent was present when the deposit was paid, test-drove the car before I did, attended the purchase and collection, paid the main balance using their credit card, and is insured to drive the vehicle and uses it regularly. They also paid the £276 ACE inspection fee on their own card, dealt directly with ACE and the garages, and were involved in preparing every email I sent to the dealer.

The credit card provider rejected the Section 75 claim because the cardholder was not the named purchaser. We’re considering challenging that decision, but more than 120 days had passed since the transaction by the time the card provider was pursued. I appreciate this makes chargeback more difficult, although I’m unsure whether the relevant deadline could run from a later event or when the problem became apparent.

What I’d appreciate advice on

1. Right to reject: Given the three repair occasions and ACE’s findings, how strong is the position under the Consumer Rights Act 2015?
2. Deduction for use: I drove the car for around four months and 3,000 miles. It is now sitting unused following ACE’s concerns about its serviceability. How much might a court deduct for use, given the seriousness of the faults and the repeated attempts to get them resolved?
3. Additional expenses: Has anyone successfully recovered reasonable consequential costs on top of the purchase price, including independent diagnostic and repair bills?
4. Section 75: Has anyone challenged a rejection where a parent paid using their credit card, but the vehicle and purchase contract were in their dependent child’s name as part of a genuine family purchase?
5. Chargeback: Is there any realistic route when more than 120 days have passed, particularly where the underlying faults were reported to the dealer shortly after purchase?
6. Small claims: Is there anything important I should consider before issuing proceedings?
7. Emissions equipment: Would you report the apparent removal/non-refitting of the DPF and catalytic converters to the DVSA or another authority? I want to report the facts without making assumptions about who was responsible.

I have the purchase paperwork, dealer correspondence, evidence of the repair attempts, the ACE report and follow-up correspondence, the formal rejection and Letter Before Action, and video evidence relating to the exhaust components.

I’d appreciate hearing from anyone who has been through something similar, particularly with a dealer refusing a rejection after repeated failed repairs or a card provider rejecting Section 75 because the cardholder and purchaser are different people.