Help regarding car I bought on finance, that’s modified.

Spank

I don't understand your problem. He told you that it might be missing had you sign a form that clearly states that they cannot guarantee that it has a DPF yet your shocked that it's missing? 

I would have insisted that they check or walk away and not sign that form 

Mikej92

Spank said:

I don't understand your problem. He told you that it might be missing had you sign a form that clearly states that they cannot guarantee that it has a DPF yet your shocked that it's missing? 

I would have insisted that they check or walk away and not sign that form 

No, he didn’t tell me that my DPF might be missing..

he told me that a previous customer made a complaint regarding it, that’s why they do a waiver..

based on that, I would assume that he was making a cover story to the fact that it was actually my car.

it was inspected by the mot station that done the mot, 6 hours prior to me picking the car up.. surely they would of seen that it had no DPF, and it would not of passed its MOT?

Grumpy_chap

There was a similar thread recently.  Unfortunately I can't locate it to link.  Maybe someone else will recall.

Mikej92

I wasn’t to know, or expect that my car would have NO DPF, given that it had an MOT that same day, nor the ecu tuning.

My main concern is, do I have a leg to stand on? Because I’ve been point blank told that my car is illegal to drive on the road, will not pass its MOT, and also has void insurance.

Aylesbury_Duck

They can't remove your right to return a vehicle, that remains a statutory right in the event of a problem, but with regard to the DPF, you were asked to sign a waiver, it was explained what this waiver was for, you went ahead and signed it and yet you're now surprised there is no DPF!  There is no mis-selling here, you were given the strongest possible indication that it may or may not have a DPF yet you went ahead and bought it anyway.

As I understand it, it is not unlawful to sell a car that's had the DPF removed, any more than it would be for someone to sell a car that's had the headlights removed if that's how it was described at the point of sale.

If you have reason to believe the MOT was dodgy, you can report the testing station concerned.

Mikej92

Aylesbury_Duck said:

They can't remove your right to return a vehicle, that remains a statutory right in the event of a problem, but with regard to the DPF, you were asked to sign a waiver, it was explained what this waiver was for, you went ahead and signed it and yet you're now surprised there is no DPF!  

As I understand it, it is not unlawful to sell a car that's had the DPF removed, any more than it would be for someone to sell a car that's had the headlights removed if that's how it was described at the point of sale.

Im more surprised at the fact it passed an MOT 6 hours prior to me picking the car up.. having had the DPF inspected, and the legality of that being questionable, it was with my local Ford dealership for 20 minutes and they noticed it without even doing an mot.

Mikej92

Understandable, I’m not very clued up with cars, and it’s my first finance agreement, so I thought that was just a general thing for a dealership to do.. obviously not.

regarding the ecu tuning also? I understand that was not in the advert either, so I guess I need to cut my losses? Park it up as it’s no longer roadworthy, no insurance, and no legal mot? 

DiddyDavies

Does having the DPF removed make the car illegal to use in the UK?
If it does then the car in question is not fit for the purpose for which it was sold and it doesn't make any difference what the OP signed as it's a statutory right that consumer goods to be fit for purpose and you can't sign away a statutory right.
In fact, the dealer may well have committed a criminal offence by having that disclaimer on their paperwork.

Aylesbury_Duck

Then report the MOT station concerned.  And speak to your finance company to get their view on the situation.  It's possible they'll intervene when the discover they're financing a car with a dodgy MOT certificate. 

Mikej92

DiddyDavies said:

Does having the DPF removed make the car illegal to use in the UK?
If it does then the car in question is not fit for the purpose for which it was sold and it doesn't make any difference what the OP signed as it's a statutory right that consumer goods to be fit for purpose and you can't sign away a statutory right.
In fact, the dealer may well have committed a criminal offence by having that disclaimer on their paperwork.

Yes illegal, it’s also void my insurance, I called them to make them aware, and they terminated/held  my insurance until I can prove it has had a DPF refitted.

then need to get another MOT done.