Unknowingly Sold Cat C Write Off and Provided Finance

Emmroyd

I'm hoping someone can help with some advice...I bought a second hand car in 2009 from a dealer (at the time the car was about 6months old) the dealer arranged finance through a broker which was ultimately provided by Santander (straight forward loan against the car over 60months). I also bought GAP insurance from the finance broker. I've recently decided to change the car and figured its worth would pay off the outstanding finance (based on other similar secondhand values) however when I went to a main dealer to look at the option of trading it in against a new car I was told it was a category c write off so it's worth is significantly less than I was expecting. I was not informed of this when purchasing and am surprised that it was possible to finance it at the value I paid given its background! I'm not sure if the dealer is still trading as I've moved out of the area but could find out. Is there any legal comeback on the dealer or the finance company? Also Should I have been sold GAP insurance in these circumstances? Thanks in advance for any help and advice.

Apples2

Did you do a HPI check on the car prior to buying?

Did the Dealer advertise it as HPI clear?

Did you directly ask the Dealer if it had been involved in any accidents or had any repair work carried out?

If those answers are no, not a lot you can do.

I unknowingly bought a Cat D car once (and I HPI'd it) but didn't know until it went through the auction on selling. I gave up the stereo I had removed as a sweetener.

Emmroyd

Thanks for the reply Apples2 - Honestly don't even recall if i saw an advert for the car as i was referred to the dealer via a friend. I didn't do a hpi check myself as was buying from a dealer and getting finance and assumed (maybe wrongly) they wouldn't be selling it and I wouldn't get finance against a write off), but I did ask if had been in any accidents and was told no.
The main dealer I saw recently suggested I maybe have some comeback with buying from a dealer or the finance company but I'm not sure if this is correct or where I would even start!

spacey2012

It is Legal to sell a CAT C write off, it will be listed on the VC5 as DECL CAT C date:
As long as it was not misrepresented you have little argument, they are under no obligation to point it out.
Always do your own HPI check.

Is it on the VC 5 under the declared section ?
The trading dealer may be trying it on ?

cookyy2k

To add to the points on here being previously cat C'd does not even mean it has been in an accident before. I've had a car cat C'd through being vandalized before.

Cat C write off simply means that whatever damage occurred it would cost more than the insurance company's assessment of the value of the vehicle prior to the damage is less than the cost of the repairs.

Also as previously stated it is perfectly legal to repair a cat D or C and put it back on the road, cat A and B are when it's off to the scrap yard.

AndyPK

I didn't think traders could sell Cat C/D cars without telling you.

If the car was only 6 months old it must have been serious damage.

I tend to agree the current garage maybe trying it on. A more likely explaination.

This may help if u can enter reg no., logbook number

https://www.gov.uk/vehicle-identity-check/overview

Emmroyd

Thanks all for the help and advice, There is nothing on the log book so I think my next step needs to be to check the dvla Vic link provided and get my own hpi check and see what it says. I'd hope that the main BMW dealer isn't trying it on but would be relieved if that is the case on this occasion!

1DayAAT

Tricky one. If it had been registered as any category of 'write off' then it would show on the V5. I bought a Cat-C unknowingly last year but found out when the V5 came through and it was stated. I had paid above the odds but as it was a private sale I had no leg to stand on. Kept the car for a while and then sold it with honesty and didn't do too badly. Not much help I realise but good luck with this, I'll be interested to see what happens here.

mrsevans

If the car is a CAT C then it will say so on the log book. If a car has been declared a CAT C you ALWAYS have to take it to a DVLA garage to get a VIC test. You can not get a log book for the car unless the car is VIC tested.

It is be no means illegal to sell a car that has previously been a CAT C or D. But the seller should make you aware of the fact that it has previously been an insurance write off.

I think that buying a car that was only 6 months old without a HPi check was extremely foolish though. It could have had finance outstanding on it and it would have been repossessed. And you would have still been liable for the finance that you taken out on it.