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

Mikej92

Aylesbury_Duck said:

Mikej92 said:

So I’ve tried contacting the dealership and he’s replied with this.

it will ‘ruin my car’ if I put a DPF back in.. making it roadworthy and legal to insure...

A dealership sent that?

Where exactly did you buy the car from?

Yes, i won’t name the garage yet, but it wasn’t a main dealer.

Mikej92

MattMattMattUK said:

Mikej92 said:

it will ‘ruin my car’ if I put a DPF back in.. making it roadworthy and legal to insure...

It will not ruin the car, however the car will require the ECU returned to factory configuration to run again. Depending on the car the DPF will cost £1,000-2,000, however the car requires one to be road legal.

Their "disclaimer" is not worth anything legally, a disclaimer or waiver can not be used to allow them to sell something illegally, I suspect however that you are going to have a fight on their hands as they are obviously unscrupulous and are operating on that basis. 

If it comes to it, ill seek the best advice, hopefully when lockdown is over, I’ll go to see a family member who is a FINANCIAL CONDUCT AUTHORITY rep, and very clued up legally. Unfortunately don’t have their telephone number so can’t get any advice at this time.

CoolHotCold

It is tricky one, and depends on the MOT relationship with the dealership.

MOT states that the garage has to inspect the DPF to visually check it isn't missing, tampered or clearly defective.  You've been sold a car with a MOT, it is clear that the MOT should not have passed, and so you have claim against the dealership.  The dealership has claim against the MOT garage,  you don't have any direct relation to the MOT garage so shouldn't pursue this other than informing your finance agreement that this garage is potentially dodgy.

I would be chasing the dealership, on the basis that the MOT is not valid, and thus mis-sold, and you'd be looking to either be restored to your original pre-purchase state, or restitution in the form of a valid MOT (which would include the garage fitting a DPF).

However I don't know when you purchased it, to when you discovered the DPF is missing, as the timing may make things harder. 

Mikej92

CoolHotCold said:

It is tricky one, and depends on the MOT relationship with the dealership.

MOT states that the garage has to inspect the DPF to visually check it isn't missing, tampered or clearly defective.  You've been sold a car with a MOT, it is clear that the MOT should not have passed, and so you have claim against the dealership.  The dealership has claim against the MOT garage,  you don't have any direct relation to the MOT garage so shouldn't pursue this other than informing your finance agreement that this garage is potentially dodgy.

I would be chasing the dealership, on the basis that the MOT is not valid, and thus mis-sold, and you'd be looking to either be restored to your original pre-purchase state, or restitution in the form of a valid MOT (which would include the garage fitting a DPF).

However I don't know when you purchased it, to when you discovered the DPF is missing, as the timing may make things harder. 

It was a few days after purchase, I can’t pursue anything because 3 days after we went into a lockdown and everything closed.

ive now received this from the dealership too.

NottinghamKnight

Can a dealer sell a vehicle that would fail an MOT?

DiddyDavies

MattMattMattUK said:

MOTs are a bit of an oddity, your car will fail if you seat belt is a bit frayed, but it will pass if the front of the vehicle is fitted with chainsaws, provided they do not obscure the lights, 

I very much doubt if it would pass with that particular "modification".

(d) Body: (i) has an unsafe modification.      Major.

Grumpy_chap

Mikej92 said:

If it comes to it, ill seek the best advice, hopefully when lockdown is over, I’ll go to see a family member who is a FINANCIAL CONDUCT AUTHORITY rep, and very clued up legally. Unfortunately don’t have their telephone number so can’t get any advice at this time.

Lockdown / Tier 4 is going to be quite a long time.
What will you do in the meantime?
Also, do not allow time to run down for remedies.

Aylesbury_Duck

I'd send a copy of that correspondence to your finance company.  What sort of 'dealership' are you dealing with?  A trader selling cars from lay-bys, a small independent garage or something else?

Mikej92

Aylesbury_Duck said:

I'd send a copy of that correspondence to your finance company.  What sort of 'dealership' are you dealing with?  A trader selling cars from lay-bys, a small independent garage or something else?

Small independent garage .

DiddyDavies

Mikej92 said:

I would suggest contacting Trading Standards (you have to go via Citizens Advice) and letting them know of a motor trader who apart from selling unroadworthy and illegal vehicles is also advocating insurance fraud.