DH sold a car with catalytic converter removed

[PurpleCuckoo]

DH bought a car at the end of May. He noticed a couple of (fairly minor) issues with it so took it into the garage and in the process of assessing the problems they've noticed the catalytic converter has been removed and just replaced with a pipe - i.e the car has been modified. From what we understand this technically makes it illegal to drive because no cat means the emissions are above the legal limit (3 points on license if pulled over and caught) and certainly means it wouldn't pass an MOT. It came with a valid MOT though so we're not sure how it passed... Can only think the catalytic converter has been removed since the last MOT.
DH has gone back to the dealer who is saying the car is fit for purpose because it's still drivable and has an MOT so they can't do anything. They've admitted they didn't check the car over before sale - they bought it themselves with the MOT already in place so deemed it unnecessary.
Where do we stand on this? Can we return the car for a refund or else recoup the cost of buying and fitting a new catalytic converter?

Threaten the dealer with legal action. And a conversation with their local paper. The idea that they didn't check the car over before selling it is ludicrous.
Also if your car has been modified, it may be uninsurable.

Could it not have been stolen off the car since he's had it? There was a big spate of this in my area during the last lockdown.

I'd go to trading standards. Last time I bought a car from a dealer (only a small, independent one) the paperwork said if any defect making the car non road worthy or non road legal was discovered within x months the car was covered by the dealer. AFAIK this is a legal requirement, not up to the dealer....can't remember if 3 months or 6 months.

Ring trading standards

@SoddingWeddings

Could it not have been stolen off the car since he's had it? There was a big spate of this in my area during the last lockdown.

I think if it had just been stolen it wouldn't drive. Plus the thieves don't replace it with a pipe.

If a fault emerges between 30 days and six months from the date of purchase, the law assumes that the fault was pre-existing and, unless the seller can prove otherwise, the vehicle is still protected by statutory warranty. Here, the seller has one chance to fix the problem. If they do not manage to do that, the buyer is entitled to a refund, which may be less than the original purchase price to account for the time during which the car has been functional.

The Consumer Rights Act 2015
The Consumer Rights Act came into force on 1 October 2015 and covers the purchase of goods, digital content and services including new and used cars from official dealers (it doesn't apply to private sales) as well as servicing, repairs and maintenance work.

Products must be:

Of satisfactory quality
Fit for purpose, and
As described
(For cars purchased before 1 October 2015 the Sale of Goods Act still applies.)

The dealer must have the right to sell the vehicle and is liable for faults with the vehicle – that mean it was not of satisfactory quality – that were present at the time it was sold even though they may only become apparent later on

I'd argue it's not fit for purpose as not road legal and won't pass an MOT.

@DepressedDD

If a fault emerges between 30 days and six months from the date of purchase, the law assumes that the fault was pre-existing and, unless the seller can prove otherwise, the vehicle is still protected by statutory warranty. Here, the seller has one chance to fix the problem. If they do not manage to do that, the buyer is entitled to a refund, which may be less than the original purchase price to account for the time during which the car has been functional.

This, and the garage will not win if you take it to the small claims court. They have to have a chance to repair it as over 30 days. Depending on make some cats are £££££

Start doing all communication by email/text for evidence.

Thank you all this is very helpful.
Yes, definitely not stolen as it's been replaced with a specific pipe (not sure of the technical term for it!).
Yes, he's making sure all comms are recorded now and will contact trading standards in the morning.

Agree with others. It is not fit for purpose as it cannot be driven legally. Even if they could argue it is fit for purpose, it is clearly not of satisfactory quality.

Under the Consumer Rights Act, you have the right to a repair or replacement. The dealer can choose which. I would expect them to go for a repair. They are allowed one attempt at a repair. If that fails, you can have your money back.

If the dealer is stupid enough to refuse, this would be a nailed on win in court. They don't have a leg to stand on.

Don't rely on trading standards to make the dealer fix your car. They might but that isn't guaranteed.

Send the dealer a letter before action setting out the facts and giving them 14 days to either arrange a repair or refund the cost of the car. State that, if they fail to respond by the deadline, you will take legal action without further notice.

Did you make any of the purchase using a CC?- I know that there is some form of warranty protection if so.

Definitely call trading standards.

I had some problems with a 2nd hand car from a dealer that became apparent a couple of weeks after purchase when the exhaust fell off while we were on holiday hundreds of miles away. I had to get it fixed at a nearby garage and the dealer refused to reimburse me.

Trading standards went to see the dealer and the next day he came and put a cheque for the full amount!

Assuming it’s fairly modern and there are no engine management lights on then it’s most likely been remapped as well. If you decat a car you normally have to map it out to avoid the CEL.

Surely as it won't pass an MOT therefore the car is not fit for purpose. You can return it on those grounds

MOTs are not proof of a cars roadworthiness. They are proof the car was roadworthy for 40 minutes or so when the test was done at some point in the past.

I've heard all sorts over the years - the most common being dodgy traders who would put 4 good tyres on a car to get the MOT and then put the duff ones back on for someone to drive away on.

I've heard all sorts over the years - the most common being dodgy traders who would put 4 good tyres on a car to get the MOT and then put the duff ones back on for someone to drive away on.

There’s all sorts of ways round things for MOT. I’ve gutted cats and DPFs over the years, had decatted cars which I’ve swapped the cat back in purely for MOT etc. I also have a sympathetic tester which helps.