Second hand car Cat C write off requires VIC check

greenheights

@Marktheshark,

Yes. I feel that I'm currently in a bad trap now. What do you advice, shall I just get the VIC done and give it back to the second hand dealer? Or should I fight with him to take back the car and refund my money straightaway?

Marktheshark

Which debit card did you use ?
Visa ?

wealdroam

This CAB page may help:

The car you bought is a write-off

greenheights

Marktheshark wrote: »

Which debit card did you use ?
Visa ?

Yes, Its a VISA card

Marktheshark

Visa do Chargeback if you have a valid case, however getting past the goon that answers the call centre phone is the hard bit, you really have to go at them head on.
If you can get a chargeback, dump the car back with the keys and paperwork and get a refund via chargeback.
Contact Visa demanding they instigate the chargeback scheme as you have been sold a car that has turned out to be a write off.

greenheights

wealdroam wrote:

Oh! Thanks for the web link. I checked it now and seems I have a new problem.

The link says that when we take it to VIC test, the driver must be insured. But, I called up the insurance company just today morning to inform them that my car is a Cat C writeoff and they cancelled my insurance immediately.

So I cant get this VIC done and this dealer is not ready to take the car back without it.

greenheights

Marktheshark wrote: »

Visa do Chargeback if you have a valid case, however getting past the goon that answers the call centre phone is the hard bit, you really have to go at them head on.
If you can get a chargeback, dump the car back with the keys and paperwork and get a refund via chargeback.
Contact Visa demanding they instigate the chargeback scheme as you have been sold a car that has turned out to be a write off.

Oh ok. I'll check this. This is really helpful. Thank you so much @Marktheshark

Marktheshark

If they asked did you ask the dealer if the car had ever been in an accident, the answer is "yes" you did and he said "no"

greenheights

OK. I'll try this and I hope it works. But the dealer gave us a HPI check letter which mentions it as an insurance write off.
Will this be a problem?

wealdroam

greenheights wrote: »

OK. I'll try this and I hope it works. But the dealer gave us a HPI check letter which mentions it as an insurance write off.
Will this be a problem?

It appears you may not have been misled after all.

Then get the VIC done. It'll cost you £41, but your biggest problem is getting it to the test centre without insurance. If it passes the VIC then return the car to the dealer for a refund. If it fails the VIC then you have a strong case to reject the vehicle, in Sale of Goods Act terms, as not conforming to contract.

Be careful of going down the chargeback route.
Your bank will insist you return the car and will then refund your money.
However, the dealer can appeal that and if they show good enough evidence, maybe that HPI letter will be good enough, then the bank will re-debit your account and pass the funds back to the dealer.
You are then left without the money or the car... be very careful.