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

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  • Mikej92 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.
    There is no such thing as an FCA rep. Not sure what they would have to do with a car with a missing DPF either. 
  • Mikej92
    Mikej92 Posts: 155 Forumite
    Third Anniversary 100 Posts
    Mikej92 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.
    There is no such thing as an FCA rep. Not sure what they would have to do with a car with a missing DPF either. 
    An fca representative? Because I’m in a financial agreement which covers me.

    they need to adhere to all ruling (the garage), I’ve also been told my warranty I bought is now void, due to the DPF thing.. keeps getting worse 
  • Mikej92
    Mikej92 Posts: 155 Forumite
    Third Anniversary 100 Posts
    And if it is illegal to use on the highway, it's illegal to sell it 
    Don't sign things if you don't know what you're signing
    I innocently signed a waiver not knowing 3 weeks after purchasing my financed car, that I’d be the victim.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You signed a waiver ie you're not holding them liable , despite not know what you're signing away. 
    You are innocent, but also you are foolish. 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    A consumer simply cannot sign away their statutory rights.
    You are getting good advice on that over on the Consumer Rights board.
  • Mikej92
    Mikej92 Posts: 155 Forumite
    Third Anniversary 100 Posts
    KeithP said:
    A consumer simply cannot sign away their statutory rights.
    You are getting good advice on that over on the Consumer Rights board.
    Yeah! I seem to be unravelling more and more.

    the warranty the dealer also supplied me is now void too, due to the engine having a modification, so If the engine blew up , I would be over £5000 out of pocket.

    Just seems to be getting worse for me lol.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Make sure you declare it sorn, else you fall foul of continuous insurance as well. .

    Assuming it's secured finance, you don't own the car and the finance company should be chasing. Their asset is work naff all and has been missold 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    As I was saying if it's secured loan, the finance co own the vehicle and will not be happy that their assets worth naff all but parts. 

    Get onto them. 
  • Mikej92
    Mikej92 Posts: 155 Forumite
    Third Anniversary 100 Posts
    As I was saying if it's secured loan, the finance co own the vehicle and will not be happy that their assets worth naff all but parts. 

    Get onto them. 
    Yep, it’s a hp agreement :)
  • NottinghamKnight
    NottinghamKnight Posts: 1,083 Forumite
    1,000 Posts Name Dropper
    edited 2 January 2021 at 9:58PM
    AdrianC said:
    AdrianC said:
    Can a dealer sell a vehicle that would fail an MOT?
    Yes.

    Do we know this one would? No. The DPF may well have been modified invisibly.
    But the act of making the retail buyer sign a disclaimer in this regard is in itself an admission of guilt.
    No, it's not...
    Mikej92 said:

    Look at the disclaimer he posted in the other thread...

    Is that an admission that it's been clocked, too?
    Fine, he described it as a stand alone document rather than part of the contract. It still doesn't mean that his rights have been signed away though, may be up to a court to decide of course. They could of course include a clause that they don;t guarantee the car has an engine, seats etc etc doesn't mean that's enforceable.
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