Need Desperate help! Cat D right off am i entitled to deposit back?!?

ssimon

pgilc1 wrote: »

Yes, you did - here.



How would an average member of the public know if it had been repaired correctly - particularly as they werent told it was damaged in the first place?

"you shouldnt see this as been a problem" - yes buying a car being presented as genuine and at full retail price (as was the O/Ps situation) that turns out to have been written off CAT D / CAT C car IS a problem as it can reduce the value by up to 25%, it can affect your insurance, and it may be unroadworthly because you dont know who fixed it and to what standard.

you continue to make me laugh lol, hence the work usually cosmetic damage, NOT it is only cosmetic damage. if you inspect the car and are happy in what you are buying then it isnt a problem otherwise you wouldnt buy it.
i never said it was perfectly ok for someone to sell a car knowing it is a cat d and say it isnt a cat d
i have never known an insurance company refuse to insure a cat d
the example you linked to isnt just cosmetic damage and if someone just tryed tarting it up 2 look good an not done the proper repairs then anyone without any knowledge of cars would beable to see it had been in an accident by inspecting it.

now will you stop been a pain in the back side and trying to pull everyone down cos 'you know best' and 'you are allways right' as this isnt helping the OP with his problem is it which is what this thread is supost to be doing.

motorguy

dacouch wrote: »

Enjoy...

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.


http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html#14

Thanks for that. Exactly as i said - the policyholder would have to prove they didnt know the car was previously written off.

motorguy

ssimon wrote: »

now will you stop been a pain in the back side and trying to pull everyone down cos 'you know best' and 'you are allways right' as this isnt helping the OP with his problem is it which is what this thread is supost to be doing.

Hey, your the guy who came on with the totally incorrect statement.

"A private seller dose not have to advertise a car as CAT D (he might not know himself) but a trader dose.
how ever many cars he has sold in the past, if he hasn't got a forecourt and buy & sell cars for his main occupation he is not classed as a trader. therefore dose not have to advertise it is a CAT D even if he knows about it."


Something several of us corrected you on. (Oh and the word is DOES.)

And then your statement "if you was happy with the car when you viewed it then you shouldn't see this as been a problem."

When it was a problem for the o/p

LinasPilibaitisisbatman

The dealer didnt have to tell you it was a Cat D write off and in not doing so it doesnt give you any right to terminate the sale. the only exception would be if you asked and he lied.

In this case I dont think whether he was a dealer or not has much relevance.

Re keeping the deposit, he can do so in to cover his own losses. I.e if he sold the car for £500 less than you offered he is quite entitled to keep it as a cost of your breach of contract.

If he sold it to a friend then I reckon he will quite easily show a £500 loss

In all honesty you made a schoolboy mistake and have no legal right to the money back or are likely to achieve it back so move on

dacouch

What you actually said is... "So you;re saying anyone could buy a damaged / repaired car and say 'oh i didnt know it had been a write off' if they have an accident down the line and the insurance company would go "thats ok then, heres the full value" - i just dont see that happening"

You later changed your opinion and included the words that the policyholder would have to prove it...

motorguy

dacouch wrote: »

What you actually said is... "So you;re saying anyone could buy a damaged / repaired car and say 'oh i didnt know it had been a write off' if they have an accident down the line and the insurance company would go "thats ok then, heres the full value" - i just dont see that happening"

You later changed your opinion and included the words that the policyholder would have to prove it...

Its not a change of opinion. The insurer will ask for evidence that the policyholder didnt know, for example, that they bought it from a reputable dealer, got a warranty etc. If its been bought off some bloke who flogs cars beneath the radar from his own home, i'd say alarm bells would ring.

Have you ever known insurance companies to pay out any more than they absolutely have to?

dacouch

I know of Insurance companies paying out more than they have to and also when they don't.

With regard to the proof the buyer was not aware of the car being a cat c / d the ombudsman would ask for copies of any adverts, any HPI checks a report on whether the damage / repairs were obvious and a statement from the customer this would in most cases be sufficient for him to make a ruling. In fact most decent Insurers would be aware of the Ombudsmans guidance on cat c/ d cars (Which is why he publishes these on the wesbite) and should pay the claim without it being refered to him. If did not and the guidance was brought to their attention this would result in most paying. Very few companies would risk going to the expense (It costs them circa £400 for an Ombudsman Complaint whether they win or lose plus all the extra admin for them) of having a case going to the ombudsman unless they were very confident they would win.

With regard to your point about buying from some bloke who flogs a car beneath the radar it would make no difference to the case as the guidance notes are clear. If the policyholder bought the car in good faith and was not aware and it was reasonable for him to not notice it had been repaired then they are entitled to the normal market value irrespective of who they bought it from. In fact knowing how the Ombudsman works he is more likely to side with the policyholder if they had bought it from a dodgy car dealer as he would assume (In the abscence of any proof) that on balance the policy holder was not informed it was a cat cb/ d

Robp_2

yeah i was a little green first time i had done it saw the car thought brilliant went down spur of the moment as apparently he had alot of interest in it, we only found out the cars reg plate etc once we had visited him as it wasnt eligible on the pictures, im getting completely mixed opinions on this some people saying im entitled to my money back as he has to obide by traders rules, i have threatened him with legal action which im currently pursuing in a small claims court which in the past couple of days he has decided to contest i dont think he understands the full nature of it as his english is VERY poor i really cant see there being that much of a discount to the person he sold it to as it was a freind of a freind in the small claims court im not trying to 'do him over' i just want my money back so i can get on with my life!

cheers
Rob

Silk

Hi Rob,
Was anyone with you when he said he would give you the money back when he had sold the car and did you get a receipt on any letterhead for your deposit ?

Robp_2

Hi Silk,

The only person with me was my partner and after alittle bit of a discussion he said i would pay you back the money minus the advert cost to which we agreed i think if i remember rightly his partner was there too but not in the room, i spoke to him over the phone when he said he sold it as he avoided us many a time he said he would have the money three days from then and he would call us a week past and still no call we called him again after a week and he said he still didnt have the money and again would call us all we got when we left the deposit was a piece of paper signed by us and him date amount of deposit and what it was for

Rob