2016 RAV4 DPF issue

[Mftoyota]

I recently acquired a 2016 RAV4 from the dealer, within a couple days the DPF light came back and we’ve been in and out of the dealership. One Toyota closer to me said the DPF is breaking and quoted the code P1443, however another said the vibration is caused by a belt. And they’ll fix it under warranty. However lately I’ve had an issue with accelerating, the car simply would not pick up on any gear. I’d have to rev the engine to pick up speed to around 30MPH before even shifting to second, too early and the thing would stall.   I think I’m covered under the warranty for a DPF but is it worth the fight or not? Do you think it’s the DPF at fault?  The cars done around 94k miles and a part service history. 
 

thanks 

[FROSTYBALLS]

If you bought it within the last six months and from a dealer/garage, you have coverage under the Consumer Rights Act 2015 regardless of any warranty. Private  sales aren't covered.

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act-aKJYx8n5KiSl

Extract from the above:

"If you discover the fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it - unless the retailer can prove otherwise.

The retailer can't make any deductions from your refund in the first six months following an unsuccessful attempt at repair or replacement.

The only exception to this rule is motor vehicles, where the retailer may make a reasonable reduction for the use you've already had of the vehicle after the first 30 days."

[Mftoyota]

Thanks Frostyballs, 

when one of dealers Steven Eagell Toyota said the DPF is broken I did state consumer law, but Marshall Toyota who I brought the car from said it wasn’t the DPF and just did a manual regen. Any thoughts? 

If they refuse to do it, do you reckon it’s worth just trading it in? 
 

Also, I might get more trading it in, I’d only loose around £1000 after around 6 months and 5k miles 

[FROSTYBALLS]

Consumer law applies to the dealer you bought the car from as your contract of sale is with them - so it is Marshall Toyota who need to sort it.

[Mftoyota]

They replaced the DPF swirl flap and differential pressure sensor under warranty, fingers crossed no more issues!