I feel conned - my rights (If I have any)?

marlot

maninthestreet wrote: »

Caveat Emptor applies - did you specifically ask the dealer whether the car had ever been written off?

There was a change a little while ago, and dealers are now expected/required to declare any cars which at cat C or cat D.

The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) contains a general prohibition against unfair commercial practices and, in particular prohibitions against misleading actions, misleading omissions and aggressive commercial practices. The Regulations are enforceable through the civil and criminal courts.
www.berr.gov.uk/whatwedo/consumers/buying-selling/sale-supply/sale-of-good-act/page8600.html , www.opsi.gov.uk/si/si2002/20023045.htm and http://www.consumerdirect.gov.uk
This creates an offence of misleading omissions which would not previously have been an offence if the consumer had not asked the right questions. So if a salesman knows a car has, for example, been badly damaged and repaired and does not tell the customer, he could later be held liable if the customer subsequently discovered that the car had been damaged and repaired. As far as I know this has yet to be tested in court and there are no case precedents.

MX5huggy

jasonbullock79 wrote: »

Thanks, I was thinking that would be my best option. Does anyone have any experience of anything similar? I'm just wondering what my chances of success are.

Thanks again for the response.

Winning in Court is one thing (and I think you have a good chance of that) getting any judgement paid is a different matter.

DavidFx

Cat C implies that the damage is more than the value of the car - so we are looking at £7K of damage - more than 'minor wing' damage.
Cat C requires a Vehicle Indentification Check before the vehicle can be retaxed - You can check if there is a VIC marker on the DVLA website. It is also on the V5
Cat C cars can be more difficult to insure. I had to have a new MOT AND an engineer's report stating the car was roadworthy (which the MOT evidently does not ) before my Cat C was reinsured and this was for a dent in the passenger side door.

jasonbullock79

OK, so a quick update. The RAC have contacted the insurer on my behalf and has confirmed that the car was definitely a Category C write off. However, the DVLA have confirmed they have not been informed of this, and there is no VIC marker against it.

Who would usually inform the DVLA, the owner of the vehicle or the insurer?

What a tangled web...