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my car turned out to be cat s

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Hi , I recently bought a car for my son from a private trader, it was advertised as hpi clear but just to make sure i did a hpi with data protection through experian. Everything ok until i received my v5 and on it it said the car was a cat s write off. I contacted experian to explain and they said yes send all the info off which i did, they found that the insurer didn't update the miftr i think it is but because i paid cash for the car my data protection didn't cover me so I'm screwed.
I kept explaining that i wouldn't have bought a write off for my son and that it was their information which was saying the car was hpi clear that swayed the sale but that are not having it. Obviously now know that the hpi check is pretty useless and release on third parties providing information but there is no timescale for this information to be supplied. Turns out the car has been a can of worms with the timing chain and head gasket failing in the last 6 weeks . can i sue the insurer for not providing the information.
Many thanks

Comments

  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Your better off rejecting the car and returning it to the trader for a full refund.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    This is Experian's HPI service
    https://www.autocheck.co.uk/

    Here's the Ts & Cs
    https://www.autocheck.co.uk/Help/Terms

    The relevant part of the Ts & Cs...
    Issue with Information: At the time the AutoCheck was performed, the vehicle was recorded as an insurance write-off by an insurer (other than a Category A or B writeoff) but this was not shown (or not shown correctly) in the results of the AutoCheck

    Description of Loss: Either:
    (1)where you retain ownership of the vehicle, the reduction in the market value* of the vehicle as a result of the missing insurance marker coming to light; or
    (2)where you have sold the vehicle, the market value* of an identical vehicle without the insurance loss marker which was omitted from the Information less the price you received for the vehicle. In each of the above cases, the market value of the vehicle is the market value at the time of the claim under the Data Guarantee.

    Limit of Protection: The lower of 50% of the market value* of the vehicle at the time the claim is made or £15,000
    So that would seem to suggest they owe you the difference in market value of the vehicle as a Cat S and if it wasn't a write-off.

    But I suspect the reason they're not paying you is not that you "paid cash", but falls within...
    Conditions of the Data Guarantee
    You must carry out the following checks before you purchase the vehicle:
    •Confirm that the vehicle identification number (VIN) in the AutoCheck report matches the vehicle identification number (VIN) on the vehicle andin the vehicle registration certificate (V5C).
    •Confirm that the vehicle registration mark (VRM) in the AutoCheck report matches the vehicle registration mark (VRM) on the vehicle andin the vehicle registration certificate (V5C).
    •Confirm that the other details provided in the Information provided in the AutoCheck report (see 2. Conducting an AutoCheck above) match those of the vehicle and the vehicle registration certificate (V5C)
    •Confirm the full name of the seller of the vehicle and verify this by checking their passport or driving licence.
    •Confirm the address of the seller of the vehicle and verify this by checking a utility bill. Confirm the contact details of the seller of the vehicle.
    •Confirm that the seller of the vehicle will provide you with a valid receipt which states the amount you paid for the vehicle and the date you purchased the vehicle. This receipt must also be signed by the seller. You must also ensure you obtain this receipt following the purchase
    Apart from the fact that you clearly never even looked at the V5C, else you'd have seen the write-off note... Is it also the receipt thing? You can't expect them to pay the difference in value when you don't even have proof of what you paid.

    No, you cannot sue the insurer. You have no relationship with them.
    No, you cannot sue the private seller (assuming they are private). Caveat emptor.
    No, you cannot sue Experian. You failed to comply with the terms of the warranty.
  • leemaq01 wrote: »
    Hi , I recently bought a car for my son from a private trader,


    What exactly is a 'private trader'? Either they are a trader or a private seller. If they are a trader then you have some rights but if a private seller then very few rights unless they lied to you. Did you have a chance to examine the V5 before buying?
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