cat c write off purchased

Chopper_Read

steve-L wrote: »

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....


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.

I thought you only had to disclose it if asked. As a private seller you do not have to include it in the advert.

steve-L

Chopper_Read wrote: »

I thought you only had to disclose it if asked. As a private seller you do not have to include it in the advert.

Could be..... didn't look it up as its not the OP's situation as they are dealing with a dealer.... (perhaps even a wheeler and dealer)

Joe_Horner

Chopper_Read wrote: »

I thought you only had to disclose it if asked. As a private seller you do not have to include it in the advert.

Traders are covered by The consumer Protection from Unfair Trading Regulations 2008 http://www.legislation.gov.uk/uksi/2008/1277/contents/made

One of the unfair trading practices covered is "misleading omissions":

Misleading omissions

6.—(1) A commercial practice is a misleading omission if, in its factual context, taking account of the matters in paragraph (2)—



(a)the commercial practice omits material information,
(b)the commercial practice hides material information,
(c)the commercial practice provides material information in a manner which is unclear, unintelligible, ambiguous or untimely, or
(d)the commercial practice fails to identify its commercial intent, unless this is already apparent from the context,

and as a result it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

Clearly, the fact a car is a previous cat C is material information when you're thinking of buying it, and omitting to tell a customer about it IS likely to influence their decision whether to buy or not.

Regulation 10 of the Regulations makes it an offence to enage in misleading omissions as part of a transaction and

Claiming that he "didn't know" wouldn't be a defence becaue it's also an offence to fail to exhibit due professional diligence if it's likely to materially affect the decisions of an average consumer. Professional diligence for a car dealer would undoubtedly cover noticing the cat C marker on the V5, and not knowing about the previous write-off is likely to affect a consumer's decision.

Both are serious offences, with the potential for a fine up to the statutory maximum, or up to 2 years imprisonment.

paddedjohn

OP, what apart from the cat c don't you like about the car? Why not ask the dealer for a discount (about a third off) and keep the car, if he won't play ball then tell him you want a full refund.