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Dealer sold me a CAT D Write-off

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Comments

  • 911_01
    911_01 Posts: 13 Forumite
    Well thats what im here for.. your opinions and guidance, im no expert and need direction before it goes to court.I cannot afford legal representation. I will start talks with him before posting my allocation questionnaire.
  • 911_01
    911_01 Posts: 13 Forumite
    Chippy - 23k to 28k were going prices then. Now I see similar examples going for £20-22k. Bottom book I would estimate in current climate at being around £16k.
  • Chippy_Minton_2
    Chippy_Minton_2 Posts: 1,839 Forumite
    911_01 wrote: »
    Chippy - 23k to 28k were going prices then. Now I see similar examples going for £20-22k. Bottom book I would estimate in current climate at being around £16k.


    Mate I'm not being funny but what you estimate bottom book to be is no good.

    Send me a PM with full details of your car and I'll try and help you out.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    For the record if you buy a car that has been a cat C or D write off and then have to claim for it yourself and you GENUINELY were not aware it was not a Cat C or D and the repairs were not obviously noticible your Insurance Company would have had to pay you the full market value of the car without deductions for it being previously a write off.

    This is a quote from the Ombudsman on this matter...

    14. vehicles previously "written-off" and then repaired

    Most buyers are (rightly or wrongly) put off by the knowledge that a vehicle was previously "written-off", no matter how well it was later repaired – and this can affect its value.
    If the policyholder knew the vehicle was a repaired write-off, he/she is likely to have paid less for it. So we are likely to decide that it is not unfair for the insurer to make an appropriate deduction – not more than 20%, unless the insurer can provide good independent evidence for a higher deduction.
    But if we are satisfied that the policyholder innocently bought (and insured) the vehicle in complete ignorance of its history, and the repairs were not obviously noticeable, he/she is likely to have paid full price (and a full insurance premium) for it. So we are likely to decide that it would be unfair for the insurer to pay less than the full market value.


    Note the Ombudsman feels a 20% deduction for a cat c or d vehicle is the normal deduction although if the car you bought has dodgy repair work the deduction when selling could be lower etc.


    http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    edited 9 April 2009 at 7:37PM
    What’s the argument against the OP getting a full refund less what a good example would have depreciated by in the last six months?

    I’d also check the HPI report you were given, if it is a forgery then the police could be interested
  • 911_01
    911_01 Posts: 13 Forumite
    Thanks Vaio. I will contact HPI and give them the certificate ref number.
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    OP, why don't you get a report from a valuer to produce as evidence? That would be much more useful that trying to value it yourself. And you can reclaim the cost as part of your expenses.
  • Seems our OP may have been out of touch with current prices.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • loofer
    loofer Posts: 565 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    dacouch wrote: »

    This is a quote from the Ombudsman on this matter...

    14. vehicles previously "written-off" and then repaired
    Wouldn't that only apply if a claim was made i.e if OP had a crash and car was written off. Insurer would try paying minumum but OP/Ombudsman could try using this clause to argue that full market price should be paid.

    In this case the OP isn't trying to claim difference from insurance, rather the net loss of selling it on (to trader or private).

    P.S An established garage that sells a car at £26000 must have a repuation at stake.

    From what has been told, a car was supplied with a HPI certifacte that was incorrect implying no accident damage. Further the repair was very shoddy (on close inspection) I'm sure potential customers would walk away.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    loofer wrote: »
    Wouldn't that only apply if a claim was made i.e if OP had a crash and car was written off. Insurer would try paying minumum but OP/Ombudsman could try using this clause to argue that full market price should be paid.

    In this case the OP isn't trying to claim difference from insurance, rather the net loss of selling it on (to trader or private).

    P.S An established garage that sells a car at £26000 must have a repuation at stake.

    From what has been told, a car was supplied with a HPI certifacte that was incorrect implying no accident damage. Further the repair was very shoddy (on close inspection) I'm sure potential customers would walk away.

    Yes it would only apply if the car was written off, one of the complaints the OP had was that as teh car was a Cat C / D he would receive less money from his Insurers if it was written off.

    The ombudsman would not try to use this arguement, he would use this arguement and he is god in insurance. They publish the guidance on their websites so the Insurers know how they view cases so if the OP had a claim and he fitted in with the Ombudsmans previous decision eg was not aware of the Cat C / D and any repairs were not obvious he would make the Insurers pay the normal market value.

    I agree with you that taking into account the value of the car you would assume it is not a back street garage, a call to the local trading standards could get things moving.
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