Car purchase Salvage car from Private buyer.

daztfs

I will keep this short bought a car that was an import advert said great condition, Drives perfect etc.

I tried to HPI but nothing came back as it was new import, I asked buyer any known issues with car the usual questions, How does it look and drive etc, I was never informed it was a Salvage repair from USA.

Once I got V5 is said on notes Salvage repair second hand parts under notes on front, Contacted seller he said he knew that it has been repaired but didn't think it was too bad and it was roadworthy and fit for purpose but did say he would think about giving me a partial refund as he felt.

He has since changed his mind and told me to sell the car to recover my money which I can't do as it's not worth the money I paid if I list it as previously damaged repaired,

I now have the original advert from US where he purchased it stating it's a salvage repaired car and his text saying he knew it was a damaged car but never told me.

The guy has sold 5-6 cars in last 12 months and has a motor traders insurance policy but told me it was a private sale and its sold as seen, Trading standards called me and said I would to make a civil claim in court and due to evidence I had I would have a good chance of a success.

I am going to make a claim to county court but should I go for a partial refund due to difference in value or un damaged car verses a recorded salvage car clean on HPI but notes on V5. or try for a full refund and return car, In both our opinions there was a 3k to 4k difference in value due to history so I asked him to return me 2k, He said money it tight but I will sort something but to the value of £1200 but since changed his mind, (This part of the offer I don't have in writing as it was over phone) but the rest I have on email plus reports on vehicle, Advert where no previous damage disclosed and the advert where he bought it where the car was listed as salvage repaired.

The cost price was £16000.

Thanks for any advice.

unholyangel

I presume the guy you purchased from is operating as a business and their place of business is the UK?

daztfs

unholyangel wrote: »

I presume the guy you purchased from is operating as a business and their place of business is the UK?

He has some sort of business that involved him having a motor trade policy but he says it’s a private sale.

Trading standards told me this is common practice.

How do I stand as private sale basically being lied to. Its just a small issue it was listed as repaired salvage when he bought it when he sold he didn’t advise me even though I asked.

Fosterdog

daztfs wrote: »

He has some sort of business that involved him having a motor trade policy but he says it!!!8217;s a private sale.

Trading standards told me this is common practice.

How do I stand as private sale basically being lied to. Its just a small issue it was listed as repaired salvage when he bought it when he sold he didn!!!8217;t advise me even though I asked.

If it really was a private sale then it really would depend on exactly how any questions and answers were worded.

If you only asked "does it have any issues?" And he replied "no" then that is not necessarily lying, if it is a repaired, salvaged vehicle then any repairs should have removed any issues.

If I had a car with a dodgy handbrake and got the handbrake fixed before selling it then I would answer the question "does it have any issues?" With "no" because once fixed the issue is no more.

If you asked "has it ever had any issues?" And he said "no" it would be different and he has lied about it.

It is always advisable when buying a car to ask to view the V5 before agreeing to buy, had you done that you would have seen the information about the cars origins before paying over the odds for it.

unholyangel

daztfs wrote: »

He has some sort of business that involved him having a motor trade policy but he says it’s a private sale.

Trading standards told me this is common practice.

How do I stand as private sale basically being lied to. Its just a small issue it was listed as repaired salvage when he bought it when he sold he didn’t advise me even though I asked.

Yes it is a common practice - by traders looking to avoid their legal obligations.

Is he in the business of buying & selling motors or was he selling a motor that he had been using personally and didn't need anymore? I'm guessing its the former (given the car was imported from USA) which would make him a business, regardless of what he tries to call himself (and nor was it a private sale).

daztfs

What would be the best option for me. Try and claim the full amount of the car back in court or go for a loss in value due to undisclosed history of the car which I can prove the buyer knew as he has written to me confirming he knew and didn’t tell me as he didn’t think it would show up in the U.K. he expected it would be clean.

Thanks for any advice.

shaun_from_Africa

daztfs wrote: »

What would be the best option for me. Try and claim the full amount of the car back in court or go for a loss in value due to undisclosed history of the car

I would say that it all depends on what you are doing with the car now and what you intend doing with it before any court case.

If you are going to go for the full value then this means that you are rejecting the car outright and in this case, you should stop using it.
If however you are claiming for loss of value then I don't see any reason why you couldn't continue using the vehicle.

Whatever you decide, you need to gather and save all the evidence that you can. This should include screenshots showing the details of what you purchased, details of cars that this seller has advertised for sale in the past, copies of e-mails and text messages etc and any details showing that the seller has a business selling vehicles.

daztfs

Thanks everyone n

bris

If you want to keep the car then you have no rights to any partial refund in court, you either accept the car or you don't so it's either a full refund or nothing.


It wouldn't take much to convince a court he is a dealer with the evidence you have. Convince the courts then you get him for mis describing the vehicle which traders can't do. But if you win getting the money back is a different story.


Bottom line here is you obviously like the car and paying to much for a car is a crutch we all have to bare.

shaun_from_Africa

bris wrote: »

If you want to keep the car then you have no rights to any partial refund in court, you either accept the car or you don't so it's either a full refund or nothing.

The CRA does allow a consumer to attempt legal action for a partial refund of the price paid.

Goods to be as described (section 11), including conforming to information re material characteristics under the CRD.

•The short-term right to reject (sections 20-22)
•The right to repair or replacement (section 23)
•The right to a price reduction or the final right to reject (section 24)

The guidance notes also give an example of where a consumer can claim for damages due to the goods failing to conform to contract and in this instance, it's possible to claim a partial refund and keep the goods,

103.

"Damages" refers to the common law remedy of financial compensation paid by one party to the other. For example, where a trader is in breach of a term that this Part requires to be treated as included in a contract, the court may order the trader to pay damages to the consumer. Generally, an award of damages for breach of contract is intended to compensate the injured party for loss suffered. In some, less frequent, cases the court may award damages which go beyond simply compensating the consumer for loss suffered – e.g. a court can sometimes award nominal damages, where there is a breach of contract but no loss, or aggravated damages to compensate for mental distress. For a breach of a term that this Part requires to be treated as included in the contract, the general rule is that damages are intended to put the consumer in the same position as if there had not been a breach. The level of damages awarded will depend on the specific circumstances and the term which the trader has breached. Typically, damages would cover the estimated loss directly resulting from the breach, in the ordinary course of events: if the consumer keeps the goods, this would generally be the difference between the value of the goods, service or digital content received by the consumer and the value had there not been a breach

http://www.legislation.gov.uk/ukpga/2015/15/notes/division/3/1/3/4