Think we've been sold a flood-damaged car

meanstreak

Hi guys,

Just wondering if you can help us or give us some advice - we bought a car on Saturday, having finally decided we need one as we're expecting our first child in July. The car seemed fine on the test drive, and the dealer told us that he'd just had it valeted, which he said accounted for the damp carpets and the damp smell inside the car.

We're not 'car people' but we did all the checks that we had planned to, and were satisfied, so we paid the dealer via bank transfer; however, having gotten it home, we've discovered that not only does it have an oil leak, but it whines when you get into the higher gears (which we did not need to get into on the test drive round the estate), and despite drying the car out with a dehumidifier, the smell is not dissipating at all. Having done some online research, the idea of it being flood-damaged came up and some of the tests we've now done would suggest this is the case. The spare tyre compartment was full of water, and the cigarette lighter etc. has rusted. We've also discovered the car has come from Pontypridd, which suffered bad flooding two months ago.

We're now really scared and stressed out. According to the info we've read, flood damaged cars can be seriously dangerous - if the electrics are affected, they can fail suddenly, or the airbags can go off unexpectedly, or fail to deploy in an accident. We haven't called the dealer yet but have emailed him yesterday as thought it best to have a written record - no response, and we're not sure whether to expect one.

Is there anything we can do? The guy has set up a limited company for his car sales, so he's not a 'private individual', but the company was only set up late last year, so we're afraid he's going to be the type to close down his company at the first sign of legal trouble. Before I call him, I'd like some advice on what, if anything, we can do. We know we have consumer rights, but what do we do if he doesn't acknowledge them? I used to work in small claims so I understand this process, but I also know it can be hard to get your money out of somebody, even if you win.

To top it all, it's a bank holiday weekend, so we can't even get somebody to look at the car until tomorrow. So stressed out and feel so stupid, even though I feel we had no reason to even think it might have been flood damaged.

Any advice? And if we really have to accept our losses, what would you suggest about trying to recoup some money? Selling it for parts? Selling it to a damaged car buying company?

Really, really wish we didn't have to have a car at all!

Chopper_Read

Did you hpi the car?

It may or may not be an insurance write off. I take it he didn't declare this. Did you ask?

meanstreak

Hi Chopper,

We HPI'd the car, it had been Category C'd and VIC recorded in 2010, but the reading we did suggested that cars which had gone through this kind of thing and VIC recorded would still be road-worthy. It's also got 'not scrapped' on the record.

He hasn't declared anything about its history whatsoever. As I say, we didn't even know that flood-damage was something we'd need to be wary of.

Thanks

SailorSam

Do you know the last owner ? Not the dealer.. Give them a ring, explain you've bought the car and ask them about it.
If you buy from a dealer aren't things suppose to be .... Fit for Purpose, so you must be able to get the dealer to sort it out.

TradePro

Can you please tell us some more, i.e. the model/year of car, how much you paid (i.e. was it 'Cat C money' or not).

Did the dealer advertise it as Cat C?

If I may ask, why did you buy a car with iffy history, after HPI checking it?

One thing I did notice, you said it was written off in 2010, but the floods were only two months ago?

meanstreak

It's a Ford Fiesta Ghia 2003 reg. We paid just under £1500.

The reason we bought it is that we checked similar spec/mileage cars which ranged from £1500-2500, and we didn't have huge amounts to spend, so we knew we wouldn't be getting something in perfect condition - there are cosmetic issues with the car that might put other people off but we don't care, as long as it's something that will get us from A to B safely. Didn't expect it to have something so 'out there' wrong with it, which might make it seriously unsafe. The advert made no mention of the car's history, and it seems serious effort went into covering up the clues.

The last owner is in Pontypridd - we have her name and address, but we just did a Google search and it seems she was done for driving without insurance... which judging by the dates may relate to the 2010 accident recorded on the HIC. Dunno if she'd help us - obviously, we'll try if we have to.

Thanks guys

meanstreak

Oh, and it wasn't advertised as category C - it was advertised as 'ready to go' and 'a good clean car'

meanstreak

As for the flooding - our insurance company have told us that they probably didn't claim for the flood damage, just got it sold on to this guy as soon as they could.

TradePro

meanstreak wrote: »

Oh, and it wasn't advertised as category C - it was advertised as 'ready to go' and 'a good clean car'

Unless things have changed recently, I'm sure you can go back to the seller and demand a full refund. I'm sure that a dealer HAS to declare something like Cat C.

I'm a bit short of time right now but will help you to check this out later if required.

meanstreak

The cat C was on the V5, but I only noticed this when I got home. He didn't say anything about it when we were there and it wasn't in the advert.

Like I said, if the car was cat C in 2010 and subsequently made roadworthy, that's not a problem - plenty of cars come back after that. Our main concern is this car bears all the hallmarks of being recently flood-damaged, the previous owner lives in Pontypridd, which had substantial flooding in late January and the seller (a limited company, not a private individual) did not tell us this and we suspect the car is dangerously unsafe.

We had saved so long and spent ages looking for the right car for our new family. We have just called the seller and he refused to speak to us when we outlined our concerns, putting the phone down on us. We are very scared right now and would appreciate any advice that would lead to us even getting some of our money back.

Thank you.

Chopper_Read

Go back and see him face to face.