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Sold Cat D car by dealer

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124

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  • prowla
    prowla Posts: 13,988 Forumite
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    I think it is highly unlikely that a dealer would not have known that the car was a Cat D.

    However, as pointed out, the Cat D would likely have just meant the cost of replacement parts was high, rather than the car was damaged.

    I had a car (also a BMW, coincidentally) which was vandalised in a case of mistaken identity (the target was apparently someone else who had a similar one!) and the windows were smashed and every panel was dented. Both me and the man with a truck who collected it thought it was going to be written off, but it was repaired and the main outcome was that I got new glass in my windows. That could easily have been a Cat D.
  • lee678 wrote: »
    who has actually done the hpi check ? the potential new owner ? have you carried out a hpi check yourself ? [ not a ten bob text hpi check, a proper one ] maybe the potential buyer is pulling a fast one ?

    I have done one myself through RAC
  • bobbymotors
    bobbymotors Posts: 746 Forumite
    Nowadays the dealer is compelled by law to disclose any cat c or d matter before you buy the car.
    However I don't think this applied in 2008.
    So although the dealer should have informed the op he was not compelled to.
    So it's a waste of time as the law is not retrospective. I so not defending the dealer in any way, he knew, they always o (I always knew, and always declared it) but that's how it is, it's dead in the water sorry
  • motorguy
    motorguy Posts: 22,611 Forumite
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    prowla wrote: »
    Actually I was offered acceptance of a Cat C car against a used BMW from a dealer last year.

    I chose not to go with them though.

    The BMW dealer themselves wont touch it though - they'll have had it underwritten by the motor trade so will just pass it on.
  • motorguy
    motorguy Posts: 22,611 Forumite
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    Nowadays the dealer is compelled by law to disclose any cat c or d matter before you buy the car.
    However I don't think this applied in 2008.
    So although the dealer should have informed the op he was not compelled to.
    So it's a waste of time as the law is not retrospective. I so not defending the dealer in any way, he knew, they always o (I always knew, and always declared it) but that's how it is, it's dead in the water sorry

    Thats what i was thinking too - what was the law status in 2008?

    If its as you say then the O/P is definitely stuffed.
  • Marvel1
    Marvel1 Posts: 7,436 Forumite
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    edited 28 May 2016 at 10:53AM
    foxy-stoat wrote: »
    On a 2 year old car at a dealers that was probably around £25000-£30,000 ?

    Thinking when would you HPI it, before buying it, the day of purchase, a week afterwards or in this case 8 years later?

    Yes I would, used is used, also there are car accidents daily and paying for a HPI is pocket change compared to buying a car. Plus being 2 years old, HPI check to check finance status is clear, definitely.

    When I was looking for a car on autotrader, I emailed questions e.g. service history, did a mot history check, once satisfied, a final check of the HPI. I would have done the same at dealership too if I just randomly saw it before online.
  • Johno100
    Johno100 Posts: 5,259 Forumite
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    I wonder how many owners the nearly new vehicle had prior to the OP buying it? It might be worth the OP doing a bit of detective work to get to the bottom of this. Perhaps starting with previous keeper on the V5, but easier said than done 8 years later.
  • motorguy
    motorguy Posts: 22,611 Forumite
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    Johno100 wrote: »
    It might be worth the OP doing a bit of detective work to get to the bottom of this. Perhaps starting with previous keeper on the V5, but easier said than done 8 years later.

    Why?

    If its Cat D, its Cat D.

    Talking to the previous owner - whos probably the guy who did the work to get it back on the road / was aware of it - isnt going to change that.

    And if he was unscrupulous enough to trade it in and say nothing, hes not going to give a rats !!! about the O/P
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    motorguy wrote: »
    Why?

    If its Cat D, its Cat D.

    Talking to the previous owner - whos probably the guy who did the work to get it back on the road / was aware of it - isnt going to change that.

    And if he was unscrupulous enough to trade it in and say nothing, hes not going to give a rats !!! about the O/P

    Or he might tell the OP, "yes the garage knew all about it, I got a very low price for it and I'll send you a copy of the paperwork to prove it".

    Nothing ventured nothing gained.
  • jimjames
    jimjames Posts: 18,671 Forumite
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    davemorton wrote: »
    It is irrelevant what damage caused the car to be a Cat D, it has devalued the car, and the dealer should have disclosed this.

    Was that the case back in 2008 though? Wasn't it a more recent change that required disclosure?
    Remember the saying: if it looks too good to be true it almost certainly is.
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