Off Topic legal help (any lawyers on here)

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Tom102938

Tom102938

Well-Known Member
Hi all,

Wondering if someone has been in this position before and could advise. Bare with its a long one!

So i have my LR Disco Sport for 1 year now. I have just gone to MOT it and it has failed emissions due to not having a DPF. ( I wasnt aware of this on purchase)

Do i stand on a leg when I am in quite a big finance agreement, as I have technically purchased an illegal car! I have contacted the finance company and the car garage i bought it from, but being a Sunday I wont know of anything until tomorrow.

I am just seeing if anyone has been in this position and what was the outcome.

The finance agreement is for 5 years and now i feel like i am stuck paying for a car I can not use.

If theres any lawyers or advisors on here that have come across this before and could advise? Or if anyone has been in this position. This wasnt a private purchase it was from a local car garage.

Thanks
TM
 
I assume by the age of the vehicle it should have a dpf and someone has removed it.

i may be wrong but technically think the finance company own the car so you could walk away from the car as not fit for purpose.

Hopefully someone with more knowledge will reply to you.

any help

If a garage sells you a car with faults, you have a right to a remedy under the
Consumer Rights Act 2015. You have a short-term right to reject the car for a full refund if the fault appears within 30 days of purchase. If the fault appears between 30 days and six months, it is presumed to have been present at the time of sale, and the garage has one chance to repair or replace it. If the repair fails or isn't done, you can ask for a price reduction or reject the car for a refund, minus a deduction for usage. After six months, the burden of proof shifts to you to show the fault was pre-existing

looks like the burden of proof may be with you to prove you have not removed the dpf.

is the dpf expensive?

was a MOT done as part of the purchase? If so by the selling garage or another garage.
 
Last edited:
Liveonce said:
I assume by the age of the vehicle it should have a dpf and someone has removed it.

i may be wrong but technically think the finance company own the car so you could walk away from the car as not fit for purpose.

Hopefully someone with more knowledge will reply to you.

any help

If a garage sells you a car with faults, you have a right to a remedy under the
Consumer Rights Act 2015. You have a short-term right to reject the car for a full refund if the fault appears within 30 days of purchase. If the fault appears between 30 days and six months, it is presumed to have been present at the time of sale, and the garage has one chance to repair or replace it. If the repair fails or isn't done, you can ask for a price reduction or reject the car for a refund, minus a deduction for usage. After six months, the burden of proof shifts to you to show the fault was pre-existing

looks like the burden of proof may be with you to prove you have not removed the dpf.

is the dpf expensive?

was a MOT done as part of the purchase? If so by the selling garage or another garage.
Click to expand...
The DPF will be around 2k I believe for the model.

MOT was done on sale but funny enough it was done by the garage next door!

The car was in the garage for 5 month from March until early August and it was deemed there was no DPF so I could have my mechanic draft a letter as proof I suppose if that would hold up.

We let it be in the off chance it would pass its MOT (as some do without DPF)
 
If the vehicle originally had a DPF fitted and it has since been removed then the MOT test station were quite correct in failing you vehicle, unfortunately this does not help you out.
The DPF must have been removed which is a criminal offence in its self.

Have you spoken to the finance company?

The original garage sold you a vehicle that was not fit for purpose, it is against them you (or the finance company ?) have an issue. See @Liveonce above. The time frame in this case could be longer as it was only at that particular time you found it not fit for purpose.

There is also the issue of the dodgy MOT test station.

Have you tried Trading Standards?
 
Your vehicle is far from unique. Many vehicles have had their EGR valve and DPF bypassed or removed, as people become frustrated with warning lights coming on every few months.
I had my EGR valve bypassed after my VW warranty expired, VW sorted the ongoing issue 3 times under warranty, and once when it was a few weeks out of warranty as a "goodwill" gesture.
Getting it bypassed was the best £290.00 I've ever spent.
Just find an MOT station that will pass it and enjoy trouble-free motoring.
 
Twodogs said:
If the vehicle originally had a DPF fitted and it has since been removed then the MOT test station were quite correct in failing you vehicle, unfortunately this does not help you out.
The DPF must have been removed which is a criminal offence in its self.

Have you spoken to the finance company?

The original garage sold you a vehicle that was not fit for purpose, it is against them you (or the finance company ?) have an issue. See @Liveonce above. The time frame in this case could be longer as it was only at that particular time you found it not fit for purpose.

There is also the issue of the dodgy MOT test station.

Have you tried Trading Standards?
Click to expand...
What crime was commited?
 
Surely without a dpf the dash must have been showing an engine management light or was it coded out? - if so get an independent report done by an engineer who can trace the timeline for the decoding!

Also, if you got the finance from the garage that sold you the car then go to the finance company & shop them!
 
The garage may not have known the dpf had been removed, but the MOT completed as part of the sale agreement should have noticed it and failed it.

Was it a big car sales, garage or smaller enterprise?

feel your pain, not a nice position to be in.
 
Bo Diddley said:
Your vehicle is far from unique. Many vehicles have had their EGR valve and DPF bypassed or removed, as people become frustrated with warning lights coming on every few months.
I had my EGR valve bypassed after my VW warranty expired, VW sorted the ongoing issue 3 times under warranty, and once when it was a few weeks out of warranty as a "goodwill" gesture.
Getting it bypassed was the best £290.00 I've ever spent.
Just find an MOT station that will pass it and enjoy trouble-free motoring.
Click to expand...
Thats the problem up here in scotland I can't get a MOT station to bypass it. None of them will
 
If a vehicle is fitted with a DPF it is illegal to remove it, and it will fail an MOT

The OP was sold a car that had illegally had its DPF removed and the MOT inspector who passed it was also acting illegally.

www.gov.uk

Diesel particulate filters

www.gov.uk www.gov.uk

The challenge that the OP has is proving it. I would be examining the paperwork and any pre vehicle inspection, including the MOT certification. The finance house has also lent against a vehicle that is illegally sold and illegally on the road. Its very likely the insurance will be null and void as well. If the car loan was provided by the vendor of the car then that is additional fraud.

I would get all the paperwork together, contact trading standards, and given the car loan, the Financial regulators as well. Once you know their position then I would tackle whomever sold you the car.

If that elicits no response then I would at very least file a claim through small claims court against the vendor, the MOT centre that passed it, and the Finance house that put up a loan on the car.

More details

 
Last edited:
Heym SR20 said:
If a vehicle is fitted with a DPF it is illegal to remove it, and it will fail an MOT

The OP was sold a car that had illegally had its DPF removed and the MOT inspector who passed it was also acting illegally.

www.gov.uk

Diesel particulate filters

www.gov.uk www.gov.uk

The challenge that the OP has is proving it. I would be examining the paperwork and any pre vehicle inspection, including the MOT certification. The finance house has also lent against a vehicle that is illegally sold and illegally on the road. Its very likely the insurance will be null and void as well. If the car loan was provided by the vendor of the car then that is additional fraud.

I would get all the paperwork together, contact trading standards, and given the car loan, the Financial regulators as well. Once you know their position then I would tackle whomever sold you the car.

If that elicits no response then I would at very least file a claim through small claims court against the vendor, the MOT centre that passed it, and the Finance house that put up a loan on the car.

More details

Click to expand...
Based on the above link, there is a very good link within that answers most of the questions

 
tommustoe said:
Well yeah I know that, but I also know plenty of garages down in England that do it
Click to expand...
And that’s why you have bought a car that is illegal to use on the road, because an MOT centre was not obeying the law. I really don’t see it as a problem that MOT Centres in Scotland obey the law.
 
tommustoe said:
Well yeah I know that, but I also know plenty of garages down in England that do it
Click to expand...
TBF, I only had my EGR valve bypassed with a blanking plate that cost less than 5 quid, the ECU needed remapping, all in it was £290. Vehicle runs like a dream, and two years on, the blasted light has never blinked. Apparently, the modification turns my Euro 6 engine into a Euro 5. Passes the MOT every time ;)
 
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