A bit of help needed, possible contract breach

damsmi2002

Hi everybody, I have a small problem whereby I bought a car within the last week, I have since found out that this car was written off as a cat d previously. Now I want to disclose as few details as possible just incase the former owner sees this thread!
The facts are that it was advertised as being fully hpi clear with fsh, there was no mention of a former write off. The car looks fine, I can't see anywhere where the damage may have been caused and was repaired four years ago, and has done 40k since the repair, so I'm thinking the repair was actually a hood one.
I paid a fair Market value for the car, as if there was no car d damage to the car. Upon reading the advert closer it actually states that it had 2 former owners when actually it has 4.
It was bought from an independant garage and I have copies of both the advert and reciept.
I know that it was my fault for not viewing the hpi report, and checking the firmer keepers closer, but my question is that seeing as I have no found this out, would I have grounds to either gain a refund, or partial refund to reflect a true Market value?
Any help would be appreciated and if I need to disclose more info to gain a fuller response then I shall! Thanks

Kilty_2

If it was advertised as HPI clear and isn't then the dealer is liable for false advertising etc....

damsmi2002

So to confirm, the hpi report would have shown up any damage on the car, therefore false advertising? If he didn't agree to either refund or partial refund, I'm also assuming the next step would be small claims?

benham3160

HPI clear is exactly that, it's not on the Hire Purchase Index (note the acronym) as having any amount of money outstanding on it, and the owner is free to sell it.

Insurance marker checking is nothing technically to do with HPI checking, although lots of people use the term "HPI" (incorrectly) to refer to an insurance catagory check.

Leg, stand-on, not.... I'm afriad.

Catagory "D" is fairly inconsequential anyway, could be something as trival as a scuffed bumper.

Regards,
Andy

vaio

but the former keeper bit is nice & clear cut

Kilty_2

benham3160 wrote: »

HPI clear is exactly that, it's not on the Hire Purchase Index (note the acronym) as having any amount of money outstanding on it, and the owner is free to sell it.

Insurance marker checking is nothing technically to do with HPI checking, although lots of people use the term "HPI" (incorrectly) to refer to an insurance catagory check.

Leg, stand-on, not.... I'm afriad.

Catagory "D" is fairly inconsequential anyway, could be something as trival as a scuffed bumper.

Regards,
Andy

I'm sure Trading Standards, and probably HPI Limited themselves would beg to differ on your definition of "HPI clear".

Category D COULD be fairly inconsequential, depending on the insurance assessor who wrote it off.

I assume you are a motor trader?

benham3160

vaio wrote: »

but the former keeper bit is nice & clear cut

Possibly, but remember there are keepers, addresses and a whole host of things inbetween.

For example, the car may have been initially kept by a finance firm, then when purchased passed into a private ownership (albeit same keeper in reality) which would clock up two owners just on paper.

Not saying that's the case here, but something to bear in mind.

Regards,
Andy

benham3160

Kilty wrote: »

I'm sure Trading Standards, and probably HPI Limited themselves would beg to differ on your definition of "HPI clear".

Category D COULD be fairly inconsequential, depending on the insurance assessor who wrote it off.

I assume you are a motor trader?

Why would they? I fail to see how "Hire Purchase Index Clear" could indicate anything else except the vehicle is not recorded as outstanding on the HPI.

This is a simple case of the misuse of a term by the public, which they think carries a totally different meaning to what it actually does.

I do not buy/sell cars for a living, no.

Regards,
Andy

damsmi2002

Ok, looking at what a hpi check covers, it lists any damage recorded as being included in the check, surely meaning that if it is hpi 'clear' it would be free of any outstanding money, and free if firmer damage.
If this route failed, could the former owners discrepancy also lead to the same outcome of being mid sold?

benham3160

damsmi2002 wrote: »

Ok, looking at what a hpi check covers, it lists any damage recorded as being included in the check, surely meaning that if it is hpi 'clear' it would be free of any outstanding money, and free if firmer damage.
If this route failed, could the former owners discrepancy also lead to the same outcome of being mid sold?

Depends what check you have done, it's not that clear cut, a HPI check by itself is simply an HPI search.

As said several times by myself now, HPI simply means "Hire-Purchase Index" which records finiancial information about a car, no more, no less.

If the car was sold as "Never subject to a total loss insurance claim" then yes, you would have a case.

Regards,
Andy

Kilty_2

The former owners thing is definitely clear cut though - 4 is not 2. (:rotfl:)