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I have a customer who purchased a vehicle in March 2017. It was a CAT D vehicle and as a result the vehicle had no VAT and was c. 3k cheaper than a similar vehicle advertised in the sales yard. It also had an aftermarket grill and the fact that the vehicle had been in an accident and was categorised was discussed verbally at the time of sale. This was not however documented on the invoice. The customers brother (whom the vehicle was purchased for) has in the last couple of weeks had the head gasket blow on the vehicle and when he took it into the garage they told him its been damaged repaired (something he now denies he knew) and he says they are saying its not safe to drive. He wants to return the vehicle and a full refund. Despite the vehicle having been through MOT twice since he purchased it and having done nearly 60k miles with him he is threatening legal action because he says its not safe to drive and he was never told it was damaged repaired. We have offered to trade the vehicle back in and replace it with something not categorised but he is not willing to do this as he contends he should not have to pay any extra despite paying much less for his vehicle in the first instance because of its status. He is also refusing to repair the head gasket to bring it back to a driveable condition. Has anyone any experience of a situation like this? any advice on where we stand legally? Many thanks.
Not sure if everyone has seen this ? the adverts will now show CAT C & D , But as we all know if the 'person- dealer' doesn't use registration number they will still be able to 'by pass' the system ! but at least they're listening ... https://dealerportal.autotrader.co.uk/features/cat-c-d-changes1