cat c write off purchased

cathyespana

i wonder if any one has any advise on this situation:

I bought a car in dec from a dealer who states all cars are HPI checked i actually asked if this particular car was HPI checked and all clear history of which i was told yes by the dealer. When i received the log book in my name to my surprise was a cat c write off 2 years before i bought the car it has been checked and repaired as of feb 2012 however i paid 1495.00 for a car that has a lesser value based on this information and i feel like the dealer ripped me off. The dealer has said he will buy it back from me minus his costs to sell it so think i will loose money on that or fix any issues i have with it which there are some. I feel that he should give me a partial refund and fix whats wrong with car any thoughts?

brittone05

Do you have any paperwork or anything to say he marked it as HPI clear hun? It is very naughty to sell you it claiming it to be clear when it isn't unless he has only checked for any outstanding finance ( I know some traders state HPI only for finance purposes ) xxx

colino

This is an easy one. If your not happy, take it back and demand all of your money back. A professional motor trader is committing a criminal act by means of misleading by omission by not volunteering to you that the car was on the register. No ifs, buts or maybes and dont swallow the nonsense about his costs.

Joe_Horner

What colino said.

In fact, it doesn't even matter really whether or not he said it was clear, or whether or not you asked him - although that makes things even easier. Anyone selling by way of trade is legally required to tell you without being asked about anything that might affect your decision to buy.

Saying "they didn't know" isn't a defence against that because, as a professional dealer, they're expected to know. In this case, given that they will have had the previous log-book in their possession (which will also have been marked as cat C) they really don't have any excuse.

atrixblue.-MFR-.

^^ what colino says. if you get that tripe the dealer buying it back minus use and issues and costs just call trading standards and ask them to intervien.

cathyespana

no there was no paperwork confirming HPI check. I have called trading standards and they have said that i had to specifically ask "has the car been previous written off" which i thought when you asked has it got a clear HPI history i was doing that however I can state that under the sale of goods act the car was not as described but have to take them to court for that and the trading standards may intervene if they want to. I was told by a CAB representative that the consumer protection regulations were not for me to enforce and only trading standards. I am happy with the car apart for a few little faults and i don't want to be in a position of looking for another car i just think they ripped me off and should refund me the difference between a car price of now knowing its a write off!

colino

TS are talking absolute rubbish. Not unheard of right enough, but your movement to liking the car and wanting a rebate just wont stand up. You liked the car, you liked the price, you bought it. (I bet it wasn't top retail for age/condition). There is no sliding scale for difference in price for C/Ds so you can certainly ask for money off, but the trader will give a little sigh of relief and know he's still won a watch with you. Is he a driveway dealer or a real one with premises?

steve-L

cathyespana wrote: »

no there was no paperwork confirming HPI check.

Totally irrelevant and not required...
as Colino said.....

it is an offence for ANYONE to advertise or sell a CAT C or D they know about without clearly stating! (includes private individuals)

HOWEVER as a dealer they also have the responsibility to find out....

They have no get out ......

Write a letter, copy a pro-forma REJECTION letter.... clearly state you are rejecting it due to it being a CAT C and you were not aware when you bought it and ask them to arrange to collect it in writing only and refund your money.

That's it.

Don't be tempted to harp on keep it brief the more you write the more they can pick at..don't let it worry you that it hardly seems to fill the page.. you don't need to mention differences in price etc... you can reject it simply because its a CAT C and they didn't tell you.

The more you write the more it invites them to try and come up with alternatives and gives them the idea you are open to negotiation.... YOUR NOT... ignore that trading standards advice read both of these!

http://www.oft.gov.uk/OFTwork/publications/publication-categories/reports/consumer-protection/oft1241;jsessionid=F5A8FF145932B296E947AB1872E83B88#.UQv_QI4oyaA



..make 3 copies .. send 1 registered, one normal post and keep one. (You don't need to send it twice but it won't hurt)


5.6
Before exposing any vehicle for sale you should take all reasonable steps to check the vehicle’s history, for example whether it:
• Is recorded as stolen.
• Is subject to outstanding finance or charge.
• Has been written off as an insurance loss or accident damaged.
• Is an ex-business use vehicle which may have had multiple users.

spacey2012

Civil matter and those are "guidelines".

Chopper_Read

steve-L wrote: »

Totally irrelevant and not required...
as Colino said.....

it is an offence for ANYONE to advertise or sell a CAT C or D they know about without clearly stating! (includes private individuals)

HOWEVER as a dealer they also have the responsibility to find out....

They have no get out ......

Write a letter, copy a pro-forma REJECTION letter.... clearly state you are rejecting it due to it being a CAT C and you were not aware when you bought it and ask them to arrange to collect it in writing only and refund your money.

That's it.

Don't be tempted to harp on keep it brief the more you write the more they can pick at..don't let it worry you that it hardly seems to fill the page.. you don't need to mention differences in price etc... you can reject it simply because its a CAT C and they didn't tell you.

The more you write the more it invites them to try and come up with alternatives and gives them the idea you are open to negotiation.... YOUR NOT... ignore that trading standards advice read both of these!



..make 3 copies .. send 1 registered, one normal post and keep one. (You don't need to send it twice but it won't hurt)


5.6
Before exposing any vehicle for sale you should take all reasonable steps to check the vehicle’s history, for example whether it:
• Is recorded as stolen.
• Is subject to outstanding finance or charge.
• Has been written off as an insurance loss or accident damaged.
• Is an ex-business use vehicle which may have had multiple users.

Whats the offence and what are the obligations of a private seller?

steve-L

spacey2012 wrote: »

Civil matter and those are "guidelines".

Somewhere in there are a list of offences (outside of SOGA)
One Is posing as a private seller
another is not disclosing relevant information ...

the guidelines then say it is their responsibility to find out.

I read a lot of stuff when I took a dealer to small claims....
The OFT document implies this is actually a criminal offence for a dealer.... either in OFT1241 or OFT 1242 somewhere....

Chopper_Read wrote:

Whats the offence and what are the obligations of a private seller?

Not sure of the actual offence.... (this was legal advice i got, different indirect source)...
but I understand its in disclosing if its an insurance right off YOU are aware of.