Second hand car Cat C write off requires VIC check

greenheights

Hi,
We recently bought a Cat C write off car from a car dealer. Now after 2 weeks we got a letter from DLVA saying that this car has to undergo a VIC check before issuing a V5C certificate. The second hand dealer had not informed us about it and we want to give it back.
But, the dealer is telling us that he will take back the car only if we get the VIC check done since we are the registered owners now. I am worried that we will have legal complications if we get the VIC done and become the registered owners. Please advice if we can argue with the dealer that we want him to take the car back and return our money since he did not inform about the VIC check?

Marktheshark

Not informed you of what ?
That he was selling you a write off car ?

greenheights

No, he did not inform that it requires a VIC check. Now he insists that we get it done if we want him to take the car back and return our money

wealdroam

greenheights wrote: »

Hi,
We recently bought a Cat C write off car from a car dealer. Now after 2 weeks we got a letter from DLVA saying that this car has to undergo a VIC check before issuing a V5C certificate. The second hand dealer had not informed us about it and we want to give it back.
But, the dealer is telling us that he will take back the car only if we get the VIC check done since we are the registered owners now. I am worried that we will have legal complications if we get the VIC done and become the registered owners. Please advice if we can argue with the dealer that we want him to take the car back and return our money since he did not inform about the VIC check?

How can you possibly be the registered keeper (there's no such thing as a registered owner) if a Registration Certificate has not been issued, and won't be issued until after a VIC?

I would be writing to the dealer rejecting the car as it does not conform to contract. You were misled by the seller.

It would be considered a 'serious omission' if he failed to advise you that a VIC was needed.
Trading Standards should also be interested in this unfair trading practice.

sheramber

I am worried that we will have legal complications if we get the VIC done and become the registered owners.

What complications are you worried about?

What did you intend to do with the car?

Marktheshark

What type of company sold you the car, does it say xxxx LTD on the receipt ?
when was the car last MOT'd as well, a VIC is just an identity check, the car may have serious structural issues if the MOT is not new.

greenheights

@wealdroam - Yes, you are right, sorry its registered keeper. The letter I received from DLVA is as follows:

Thank you for your recent application for V5C. According to our records this vehicle has previously been notified as accident damaged by vehicle insurers. We have updated our records to show you as registered keeper. However, before we issue V5C you must apply for VIC.

Based on this letter, the dealer is arguing this this car is registered in our name and we need to do VIC for it otherwise he wont accept it back. Is his argument valid? Or can I tell him that I will not do it since he sold me a car without informing me that it needs a VIC check

greenheights

Marktheshark wrote: »

What type of company sold you the car, does it say xxxx LTD on the receipt ?
when was the car last MOT'd as well, a VIC is just an identity check, the car may have serious structural issues if the MOT is not new.

I paid through debit card and i Have the receipt. The name of the company is there on the receipt.
The MOT is valid till Jan 2016

wealdroam

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

greenheights

sheramber wrote: »

I am worried that we will have legal complications if we get the VIC done and become the registered owners.

What complications are you worried about?

What did you intend to do with the car?

I just intent to use it for driving around with my family on weekends or for shopping in the evenings.

I am worried whether the car dealer is trying to set us up by insisting us to do a VIC check. We would become the registered keeper if we get the VIC done. I dont want to keep this car now, because I'm afraid that the insurance company also may not give us insurance for this car. What if the dealer does not take the car back after I get the VIC done?

Marktheshark

I would see if the debit card has a charge back scheme first.
I would have thought selling you a write off car comes under deception.

The main issue is you do not know how strong the car is now, you could be sitting in a death trap.
The other issue your insurance will most likely cancel the insurance once it flags up as cat C as you have to declare, most wont touch cat D cars and I only know direct Line that will insure Cat C cars at a much greater premium with a full RAC check. .