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Garage will remove particulate filter to fix the warning light - is that legal?

I purchased a 2006 VW Golf from a second hand dealer approximately 1 month ago. Recently the engine management and particulate filter warning lights came on along with a fault on the seatbelt warning buzzer.

I returned to the garage, I initially asked for a refund as I was not happy with all these warning lights but the garage refused and said they would fix all the faults. They then advised me that if they couldn't fix the particulate filter they would just take it off and reprogram the ECU.

I looked into this and have been advised this would be illegal and the car will not pass an MOT without this filter.

I took this information back to the garage, they shrugged and then said 'look just bring the car here for MOT and we will overlook the filter not being on the car'. They are still flatly refusing to give me any refund.

I have been to see trading standards who said they will contact the garage, the garage still have my car and haven't contacted me but I noticed they have now moved it onto a public road opposite their garage and I am concerned it may now be prone to vandalism where it is.

Please can you recommend what my best course of action now, should I collect the car from where it is parked (with my spare keys)? or is the garage responsible for it's safety whilst they are supposed to be repairing it?

Asked on 6 May 2014 by sawmecomin

Answered by Honest John
That's right. It was always illegal to remove a DPF and since February it has been tested for in the MoT (though not necessarily very effectively tested for). You need to formally reject the car and demand a full cash refund. Since the garage has the car, write a letter to them stating that you reject the car because it was faulty from the day of purchase under Clegg v Olle Andersson, House of Lords, 2003 and you demand a full cash refund. Send this letter by Post Office Special Delivery so it becomes a matter of record. Do that right now. Law here: www.honestjohn.co.uk/faq/consumer-rights/ This garage reads like a bunch of cowboys, but they have premises, so can't run away, so your chances of getting your money back are quite good.

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