Bought a car..later found it has been in an accident

bobcfi

A couple of you have mentioned stop driving the car immediately. As it is my only form of transport apart from taking a bus I have been driving the car since-is this a major problem? Now that you have mentioned this I have stopped!

Also, the fact that I have asked if it has been in an accident and he said no is surely irrelevant as it is not documented anywhere. My word against his?

Freddie...parts that are cracked on the car and welding that should not be there is not repaired to its original condition and can never be. As Linas mentioned it not only reduces the value of the car, but the future condition of the car can not be guaranteed.

The HPI and RAC check were both arranged by the dealer. It was handed to me on inspecting the car. I maybe should have organised it myself but I had no reason to suspect anything at this point and all seemed quite honest.

I have not sent a letter to the dealer, I have gone directly to the finance company as I understand they now own the car and it is their responsibility.

I sent them a letter around 12 days ago including the Supply of Goods (Implied Terms) Act 1973 in the letter as suggested by yummymummy79. I gave them 14 days to reply. As of yet I have heard nothing. Do you think I should send a letter to the dealer as well at this stage or as I have contacted the finance company only just leave it at that? As I have not heard from the finance company, do I need to send them another letter giving them more time? The letter was sent recorded delivery.

If I do not hear from them again, what do I need to do then. I'm guessing it is too larger value for a small claims court?

Thanks for all your help and advice!!

LinasPilibaitisisbatman

I certainly think you should get the dealers take on it. nothing formal . a phone call to see his reaction. if it seems reasonable then deal with him in writing

For all you know he might turn round and say I didnt know, I am so sorry, please return the car for a full refund.

bobcfi

In fact in answer to my own question regarding a small claims court. I have just seen the money claims online website allowing claims of up to £100,000. So guess this is what I will be needing if nothing heard.

Thanks

missile

I would contact the dealer asap and see what he says. If I did not get a satisfactory response, I would go to Trading Staandards. If you have legal protection included with your motor insurance, I would give them a call too.

If you had a part exchange, which the dealer has sold, that may be an issue.

Casanova

Have you got the RAC report? That kind of thing is the reason people get those reports done, and if the BMW technicians found it, the RAC inspector should have also. They may have a guarantee of some kind under which you could claim.

Also, the dealer may have missold the car if he gave you a categorical "no" that the car hadn't been in an accident, and this can be proved to be false.

Unfortunately, no route is particularly easy to sorting out the mess. I hope you get it resolved in the end, and not too expensively.

jfdi66

Hi
I'm a militant with such things. First confront the dealer in person, (take large mate or two, rugbymen for preference as "witnesses"). If no joy, I'd put a large sign in every window of the car stating your problem and park it in front of the dealer's premises, then accost every potential customer entering and explain why you think they should be cautious about buying there. Be careful what you say, stick to provable facts. Even go into the showroom and talk to all customers - take book, drink and sandwiches to show you are prepared for a long haul.
You might also talk to the previous owner as he may have some transferable rights over the schonky repair.
Note that if you have an accident in this car, your own insurers may well not pay for any costs which cover making good the previous bodged repair (I've known this happen, some insurers gleefully snatch at any excuse not to pay out) so you would immediately be out of pocket for the cost of the original repair.
:exclamatiAdvice for anyone buying a car, new or secondhand. Assume everyone else lies, check every detail yourself and get everything in writing. Bit late for you this time around I'm afraid.

silvasands

We saw a car on Ebay which was for sale in a remote part of Wales but not too far from us. It was a reasonable price and we bid on it. It didn`t reach its reserve and the seller readvertised it. He offered to bring it round for us to see it which he did on the morning of the auction finishing. We bid and another guy outbid us and bought it. However, the Polish guy said that he wanted us to have it and he went against Ebay rules to sell it to us. I asked if it had been in a crash and was told that his wife had bumped the bumper but it had been replaced.My husband and son went to collect and pay for the car . I gave them a list of things to ask...warranty and the dealer stamps ! Guy said it was under warranty.
They collected the car and paid £5700 cash !
The car was due for its warranty service . Son took it to Citroen , paid £301 and was told , new gaiter and maybe a new gearbox ! They would sort it. We waited and rang up last wkend. They said no warranty as it had been a write off! We contacted the guy who doesn`t now return our calls. He did mention that he`d bought it from a dealer in Nov. 2008 (put it on Ebay almost immediately !). Consumer Direct have seen the ad and we can take the guy to Crown Court (Civil Case)as he stated that the car was , `as new` which it wasn`t as it had been written off. We have given 14 days for him to reply to a possible negotiation. We can cope with a vehicle having been a write off as I myself have a cat c Alfa but we needed to know as we wouldn`t have taken it to the main dealer for the service at a cost of an extra £301 and we would probably have haggled to lower the price. I wonder what will happen? More stress. Why can`t people be more honest? Everybody knocks the politicians but it appears that society in general is going down the pan.:A

LinasPilibaitisisbatman

silvasands wrote: »

We saw a car on Ebay which was for sale in a remote part of Wales but not too far from us. It was a reasonable price and we bid on it. It didn`t reach its reserve and the seller readvertised it. He offered to bring it round for us to see it which he did on the morning of the auction finishing. We bid and another guy outbid us and bought it. However, the Polish guy said that he wanted us to have it and he went against Ebay rules to sell it to us. I asked if it had been in a crash and was told that his wife had bumped the bumper but it had been replaced.My husband and son went to collect and pay for the car . I gave them a list of things to ask...warranty and the dealer stamps ! Guy said it was under warranty.
They collected the car and paid £5700 cash !
The car was due for its warranty service . Son took it to Citroen , paid £301 and was told , new gaiter and maybe a new gearbox ! They would sort it. We waited and rang up last wkend. They said no warranty as it had been a write off! We contacted the guy who doesn`t now return our calls. He did mention that he`d bought it from a dealer in Nov. 2008 (put it on Ebay almost immediately !). Consumer Direct have seen the ad and we can take the guy to Crown Court (Civil Case)as he stated that the car was , `as new` which it wasn`t as it had been written off. We have given 14 days for him to reply to a possible negotiation. We can cope with a vehicle having been a write off as I myself have a cat c Alfa but we needed to know as we wouldn`t have taken it to the main dealer for the service at a cost of an extra £301 and we would probably have haggled to lower the price. I wonder what will happen? More stress. Why can`t people be more honest? Everybody knocks the politicians but it appears that society in general is going down the pan.:A

Sorry but consumer direct are full of crap (again...).

If he told you the car was in an accident and it was then you have no grounds of complaint here.

Also a crashed car can be repaired to "as new"

The only real likiehood of suceeding would be if he advertised it as having a valid warranty and even then you'd need to prove he knew it would be voided if necessary

I'd also suggest you need to query citroen. The warranty should only be void if the sort of crash contributed to the damage you are trying to get repaired. the warraanty shouldnt automatically be voided if the car was properly repaired.

Tbh why anyone would buy a newish high value car off ebay is beyond me. its well worth the extra few hundred quid for the protection of buying from a dealer alone.

mc33033

LinasPilibaitisisbatman wrote: »

The dealer has no duty to disclose

Hi LinasPilibaitisisbatman, this is not true, a dealer who is aware and does not disclose would be a clear breach of Consumer Protection from Unfair Trading Regulations 200 - it would be a misleading omission as quite clearly a consumer purchasing a car would be interested in whether or not it had accident history to make an informed decision.

mc33033

LinasPilibaitisisbatman wrote: »

Sorry but consumer direct are full of crap (again...).

Harsh!

LinasPilibaitisisbatman wrote: »

If he told you the car was in an accident and it was then you have no grounds of complaint here.

Not necessarily, if the car was not significantly as described (i.e. accident damage misrepresented) then a claim may be possible under SOGA.

LinasPilibaitisisbatman wrote: »

Tbh why anyone would buy a newish high value car off ebay is beyond me. its well worth the extra few hundred quid for the protection of buying from a dealer alone.

I'll agree with you here