Undeclared Modifications Discovered

[Bbooth79619]

Hi,

I was hoping for some advice if anyone would be kind enough :-)

I purchased a car in July 2023 and it was advertised as a completely standard vehicle.

I've taken it for a manufacturer recall 6 months later and discovered engine tuning and a modified exhaust, these were not declared at purchase. I've then had engine management lights on and off intermittently and had a diagnostic completed with 14 fault codes, some relating to the intake manifold.

I've put a complaint in with zuto and gathered proof/evidence of the tuning from the previous owner, I feel like I've effectively had my 30 day right of rejection taken away from me as these were hidden modifications undeclared and discovered quite far down the line, it's now roughly 8-9 months after purchase.

I believe it to be a breach of contract and had I found these within the 30 days I could have rejected for a full refund.

Should I still expect to be able to reject the car for a full refund with no mileage/wear and tear charges or does the time rules of the consumer rights still apply even in these complex circumstances ?

My insurance was effectively void too because I wasn't aware of any of the modifications, thankfully I didn't have an accident in this time as I'd have been in a lot of trouble. I'm currently without a road worthy vehicle and quite inconvenienced by the situation.

Any advice is appreciated ☺️

Thanks,
Brad.

[echat11]

Hi BBooth79619

Welcome to LB

How did you pay for the car?

[Pezza54]

The finance company is the owner of the car until you finish paying for it. Zuto is just the broker so they will probably refer you to the finance company.
You stated you have obtained evidence from the previous owner. I assume that means you bought the car from a dealer.
The dealer may have misrepresented the car when he sold it.
Are you able to post the sentence in the advert that states the car is free from modifications and the diagnostic report that covers the "tuning"and exhaust modification
If a judge in court decides the seller is guilty of misrepresentation, you would not have bought the car if you had known about the modifications and have suffered loss caused by the purchase, the judge may rescind the contract. Parties would be put back in their position before the sale. You might be able to claim damages in addition to a full refund

[Pezza54]

Please read about the court case at http://www.lawteacher.net/cases/dick-bentley-.v-harold-smith
Dick Bentley wanted a Bentley and asked his car dealer friend to find one. The defendant, Harold Smith misrepresented the car that Dick went on to buy.
Dick won his claim. As the defendant was a car dealer and should have greater expertise in car matters, the claimant was reasonably entitled to rely on a representation made by the dealer regarding the Bentley

The link doesn't work. You will have to search for the case on their website

[Bbooth79619]

Hi ECHAT11 & PEZZA54

Thanks for the replies and information :-)

The car was indeed purchased via finance, the finance advised me to put a complaint in with zuto which is why I'm dealing with it via them but I can indeed call the finance company again if that's the best way to deal with it.

Regarding the sentence in the advert stating that it's free from modifications, there isn't one specifically but the specifications of the vehicle are all listed as standard and the dealer has confirmed to me that they aren't aware of any modifications and so I'd only have assumed it was standard. I believe that the dealer has a duty to make sure it's as described, safe and roadworthy but I'm not expert on the consumer rights.

"Hi Brad I have no knowledge of this vehicle being modified to engine and exhaust.
Best regards"

The previous owner confirmed all the modifications that it's had, It was advertised as 168BHP and the previous owner (not the dealer) had advised it was tuned up to 290BHP with a modified twin scroll from a BMW 330d and some other engine modifications, it was also running a stage 2 remap with an EGR and DPF delete, they confirmed that the DPF was removed and so I can't drive it currently because I believe it's illegal to drive it without one.

I'll certainly take a look at that case :-)

Thanks again,
Brad.

[echat11]

How did you pay the deposit for the finance?

[Pezza54]

Did the diagnostic report mention the modifications to the car, increased bhp, exhaust?
If not you will need to obtain an official auto engineer report that states the modifications.
You purchased the car using finance so, under CCA 1974, you may have a claim against the finance company and the dealer (jointly and severally) for any breach of contract or misrepresentation by the dealer
The dealer cannot argue he told you about the modifications before you bought the car. He has admitted by email he had no knowledge of any modifications to the engine and exhaust
As a car dealer he should have known about the modifications, which are not easily spotted by the average consumer, and made the buyer aware

[echat11]

Did the diagnostic report mention the modifications to the car, increased bhp, exhaust?
If not you will need to obtain an official auto engineer report that states the modifications.
You purchased the car using finance so, under CCA 1974, you may have a claim against the finance company and the dealer (jointly and severally) for any breach of contract or misrepresentation by the dealer
The dealer cannot argue he told you about the modifications before you bought the car. He has admitted by email he had no knowledge of any modifications to the engine and exhaust
As a car dealer he should have known about the modifications, which are not easily spotted by the average consumer, and made the buyer aware

You mean Credit Card company and Finance Company (if deposit paid by Credit Card company) not dealer.

'you may have a claim against the finance company and the dealer (jointly and severally) for any breach of contract or misrepresentation by the dealer'.

[Pezza54]

The dealer was the misrepresentor. Innocent non-disclosure of important information can amount to misrepresentation

[echat11]

The dealer was the misrepresentor. Innocent non-disclosure of important information can amount to misrepresentation

I'm referring to Section 75.

[Pezza54]

OP hasn't answered the question whether their credit card was used to pay a deposit.
OP should write to the finance company, copy to the dealer, stating the dealer mis-sold the car when they failed to mention the engine and exhaust modifications that are now causing the car to have problems.
The letter should say OP wishes to return the car for a refund of all monies paid to date. If the finance company refuses this request, OP could either make a complaint with the FOS or start a court claim under the Misrepresentation Act.

[Bbooth79619]

Thank you all again for the information,

My complaint is in with Zuto and the information here is really useful as the dealer has advised today that they're taking legal advice before discussing anything further due to the time I've had the vehicle.

if I don't get anywhere with zuto then I will take the next step of contacting the finance company and dealer but I'm hoping that zuto will act as a middle man in this scenario as they're the broker.

Regarding a deposit, I believe it was no deposit and so I never left one, the diagnostic report does indeed state that engine tuning is detected, the previous owner has confirmed it to me too.

The car was also sold to me with a three month warranty and the warranty provider doesn't cover modified vehicles, therefore it was never even covered by the warranty that they provided me with :-(

[Pezza54]

Under the Misrepresentation Act the claimant should act quickly once the misrepresentation is uncovered. Don't let Zuto, the finance company or the dealer cause undue delay

[Bbooth79619]

Ok, thanks again.

So do you think that I should just send that anyway whilst the complaint is going on and also cc in zuto ?

Should I quote the misrepresentation act ? Is there a template email/letter or is it as simple as sending an email with the request ?

[Pezza54]

At this stage an email to Zuto (copied to the finance company and dealer) as my post 11. No need to mention misrepresentation act, just mis-selling

According to the FOS the complainant doesn't have to wait for a refusal from the finance company. You could phone their helpline to make sure it's okay to start a claim