Bought a Cat D Car that wasn't declared

HxIrish

HELP!!

We have been to part exchange our Mercedes C180 today for a new car only to be told the car has been a Cat D write off.

In January we bought the Mercedes C180 from a local garage. We paid the asking price ( which was the same as others advertised on the same year group).
We were never told that it had been a Cat D write off- Twice. Neither verbally, on the receipt or in the advert on the Auto Trader.

The garage where we were buying our new car from today said the garage where we bought it from should of verbally told us or it should of stated on the receipt.

We have spoken to the garage owner today who is denying all knowledge of it being a Cat D only to change his story then to him saying he told us & wrote it on the receipt- both being completely untrue.

We would not have bought a car knowing it was a Cat D as we wouldn't feel safe in it and we have a 2 year old travelling many motorway miles in it with us.

We have asked for a full refund on the car but the guy isn't budging, he's on holiday till the weekend so can't see him until then.

Has anyone any advice on previous experience, any laws, trading standard issues etc

Many thanks in advance.

forgotmyname

Full refund unlikely. Cat D does not instantly mean you have a unroadworthy deathtrap.
Depending on the cars value it could be a scrape down the side. Or even on a Mercedes with their parts prices a door opened onto a post.

Many less roadworthy cars out there that are not insurance writeoffs.

Why did you not HPI it? Its a must really.

Probably a bit late now. But when you contacted the garage you really needed to record the call or only contact them in writing so you have proof.

Them changing the story would help a great deal.

Price difference between a dealer car and a poor/good condition? Thats what you should expect to put you in the position you should be in.

Im sure the car dealers will correct any of this if i have gone wrong. But i dont think a full refund is on the cards.Youve had 10 months use out of it.
I presume it drove OK and had no major issues?

Trading standards will take an interest, But may take a long time to sort.

Record your phone calls.

redux

Category D tends to be by adding up relatively minor damage, mainly cosmetic to body panels rather than anything structural like suspension or engine mounts, so you don't need to worry you've been driving around in an unsafe car.

However, some insurers do not want to insure a car which has been written off in any category, so it will tend to reduce the number of quotes you can get

But much more of interest is the difference in value. If asked anyone should disclose that a car for sale was a write-off, and by the sound of it it's current practice that motor dealers should volunteer it anyway, though I don't know for sure.

As above, I don't think you can claim all the money back, as you've used it since, but there should be some adjustment to reflect the difference in value when you bought it, which has caused the difference now. I have no experience what sort of proportion that would be, 10, 20, 30% or more

It could be worth a general chat with Trading Standards before raising this as an actual complaint. They might be able to advise typical differences in value, and how to negotiate with the dealer.

Hintza

As others will know Cat D salvage (to repair) is all I buy now.

That doesn't excuse the dealer but you want to be chasing them for your losses which will be the difference in value.

fivetide

How old is the car?

Remember the category isn't the type of damge but the value of the damage. If it is a fairly new car it might have had a hefty whack to make the insurance company write it off.

As said though, that doesn't make it a death trap, you need to know what was done and when though.

I'd certainly be pressing the guy for a refund in the value difference. You should also tell your insurance company if you are still driving it. They might well be funny about it and they'll almost certainly pay out less if it is in another accident.

As you bought it from a dealer, did he tell you it was HPI clear or does he say all his cars are HPI'd? Sounds like he definately knew about it one way or another. I take it you don't have the reciept anymore?

colino

How much did you pay for the car and is that on the receipt? That will clearly remind the garage owner he sold at retail and committed an offence by omission when he sold you the car. Speak to the garage you are buying from, ask what they would have allowed if the car was clear compared to now and that is how much he owes you.

skivenov

forgotmyname wrote: »

Full refund unlikely. Cat D does not instantly mean you have a unroadworthy deathtrap.
Depending on the cars value it could be a scrape down the side. Or even on a Mercedes with their parts prices a door opened onto a post.

Many less roadworthy cars out there that are not insurance writeoffs.

Agreed to all of the above. The other reason they can get written off is if the parts aren't available to repair within a reasonable timespan.

waynedance

Remember to HPI the new car. if second hand.

forgotmyname

Remember to get your brand new car inspected also. I know someone that bought a brand new sierra that had filler in the rear quarter panel.

Dealer claimed to know nothing about it but gave them another car.

fivetide

forgotmyname wrote: »

Remember to get your brand new car inspected also. I know someone that bought a brand new sierra that had filler in the rear quarter panel.

Dealer claimed to know nothing about it but gave them another car.

Apparently that is fairly common for cars 'damaged in transit'

Colleague bought a new Fiat 500 a couple of years ago and it didn't have the stripes down the side when it arrived. Turns out it had got scratched, they'd re-sprayed it and forgot to put the stripes back on.

The dealer then did it and as they are only stickers managed to get them on wonky!

agrinnall

If the dealer has now said that he told you and wrote it on the receipt, surely all you have to do is find the receipt in order to prove that he's lying.