Car bought online salvage auction as HPi clear turns out as Cat A legal advice where do i stand?

bimma

hi guys

I bought a 65 plate ford Ka off an online salve auction site called raw2k.part of the recycling lives group (been around about 20 years or so)
(pefectly legal to buy previous accident damage cars and put back on road )
it was listed on the site with pictures, and the description stated ABI category not recorded.  
i carried out a comprehensive HPi data check via mycarcheck.com  and it too showed as clear ( not recorded) so i went ahead and won the bid and bought it for £1716 on 17/01/2020
normally cat A and B are for parts and crushing only and should not be resold 
cat S N are repairable salvage. and very rarely cars go through that get damaged but do not a get a category applied to them (dont know why) 
the vehicle was damaged on the front as shown in pics, and was all bolt on repair, no airbag or chassis leg/flitch damage, and having a fair bit of mechanical experience it was a way of me saving a fair few quid in buying a replacement car with a d.i.y fix.
I paid via bank debit card and receipt was emailed which also stated ABI category not recorded 
Vehicle delivered on 21/01. i went ahead and sent off for the v5 with the £25 fee to dvla  so that it would be here for me to tax when car was ready in 4-6 weeks time. in mean time i started ordering and purchasing parts for repair ,
today 21/02 i received a letter off dvla stating they cannot issue the V5 logbook as the car was not meant to be put back on road and was a Cat A or Cat B . 
i called the salvage company who said to me "at the time you were responsible for doing your own checks" (which i did, and they matched the information provided, hence why i went ahead with the purchase). The lady said "sold as seen, read our disclaimer!".  They said at time of sale it wasnt recorded so they are not in the wrong and it wasnt mis sold. they said all they can do at this stage is try to find out from the hpi company who  the insurance company was. 
so as it stands i got a car that owes me £2300 so far with delivery and parts which cannot be put on or used on a public road.
my question is where do i stand in terms of a refund? i can remove the parts iv put on it so far and put it back to the way it was as it was all bolt on anyway. surely its not legal for the salvage agent to sell a Cat A /B car thats not meant to be put back on road to a member of the public. 

thanks in advance

DUTR

They done their checks and so did you, they did not mis-sell as your own initial checks confirmed what they advertised.
From my seat you paid for a HPI check which comes with a garauntee, is it not them you should be chasing?

AdrianC

FInd out what date the cat was applied.

bimma

I have been in touch with the HPi company, i bought car on 17/01/20 and according the HPi company the claim was paid out by Admiral insurance on 13/02/20 and was put on a Cat A. So the reason the car was showing as hpi clear at time is that the claim was on going and not settled and the salvage agent sold the car on during the process...maybe it was being stored with them or whatever.  I thought they needed to be "cleared" before being sold on.  
Im led to believe that Cat A cars can only be sold to registered scrap vehicle dismatlers not members of the public as they should be crushed and not put back on the road
Raw2k have not responded to my emails yet other than saying we will ask their hpi company (experian).
All the info i have got so far is of my own back.  At First Admiral were trying to fob me off but i eventually spoke to a nice lady who has now asked me to send in proof of purchase and pics of car .  They said there were not able to inspect the car at the time and hence paid out for it and put it as cat A.  Forgot to add that it was being sold by the online auction at the direction of the police...maybe compounded ?

The_Rainmaker

Follow the money.

ElephantBoy57

A Category A/B car cannot be sold as a whole car, as its chassis and structural frame must be destroyed, however, all non-structural parts can be removed and sold, such as the engine, gearbox, suspension and wheels, should these parts be undamaged.

The fact that the paperwork had not been completed, does not alter the fact that its a cat A/B. Inform raw2k that you are going to inform DVLA, if that doesn't work contact your MP.

bimma

I did say t0 raw2k that a cat a or b is not to be sold on and its illegal to do so. but theyve been very sly and sold it on while the claim was ongoing as a hpi clear car, and as such after the payout the insurance assumed that it was only for scrap.
They have stated that theyre not in the wrong because it was hpi clear as they described and when i checked.
But the legality is that they sold it on BEFORE the claim was actually settled and they were only meant to be holding it/storing it. Salvage vehicles need to be cleared/released and then sold on. i.e when they know the category

The damage is only minimal. all bolt on. 2 headlamps, bonnet front, bumper and passenger wing. These have all been purchased either new or off ebay and all a case of remove old and refit new. the reason its been put on a Cat A is because they insurance were not able to inspect it at the time.

where do i stand legally interms of taking them to court? as it stands im £2300 out of pocket due to cost of parts, car, delivery .Even if i break the car for parts i still wont break even 

AdrianC

ElephantBoy57 said:

A Category A/B car cannot be sold as a whole car, as its chassis and structural frame must be destroyed, however, all non-structural parts can be removed and sold, such as the engine, gearbox, suspension and wheels, should these parts be undamaged.

Not from a CatA. This isn't law, though. It's merely an insurance industry agreement.

The fact that the paperwork had not been completed, does not alter the fact that its a cat A/B. Inform raw2k that you are going to inform DVLA, if that doesn't work contact your MP.

I think you might have forgotten that DVLA already know... They told the OP that he's never getting a V5C for his CatA car, remember?

I'm very surprised at a panel-damaged car being CatA. They're usually "contaminated" with "bio-hazardous material" (read: blood etc from the late previous occupant) or - most likely here, surely - flood-damaged...

The other option is that the insurer have simply shrugged and said "Well, let's be cautious" after being unable to view the car at all to decide which way to categorise it. If that is the case, then they may be willing to review the category assigned.

ElephantBoy57

AdrianC said:

ElephantBoy57 said:

A Category A/B car cannot be sold as a whole car, as its chassis and structural frame must be destroyed, however, all non-structural parts can be removed and sold, such as the engine, gearbox, suspension and wheels, should these parts be undamaged.

Not from a CatA. This isn't law, though. It's merely an insurance industry agreement.

It's clear that the OP has been conned, he just needs to get the right help.

What are my rights when I am buying a used car?

As with any purchase, when you buy a used car, if it was purchased after 1 October 2015, you are protected by the Consumer Rights Act. The Consumer Rights Act was set up in 2015 so that consumers can buy and businesses can sell to them with confidence.

The impact of the Act is huge in relation to giving consumers the legal right to ask for repairs, replacements or refunds on faulty items. There is a 30-day time period to return faulty goods and get a full refund. After these 30 days retailers have one opportunity to either repair or replace any goods depending on what you request. If this doesn’t happen you can claim a refund or, if you wish to keep the product, a price reduction of up to 100%.

If the car was bought online from a dealer, your rights are the same as if you buy from a dealer in person.

https://coodes.co.uk/blog/mis-sold-a-used-car/

bimma

Thanks guys
i spoke to citizens advice who told me that the law is different as i bought it from a salvage agent online rather than a car dealership/trader .
even though they are a registered business.
There was no flood damage, no airbag damage, no chassis damage, simply bolt off the old parts and replace hence why i bought it as a diy project.
As it was a police disposal, im thinking the post above is correct and the isurance just paid out for it, without inspecting it and put it as Cat A. They insurance have have confirmed that it was not inspected,. Admiral have asked me to send in evidence of purchase, pics etc and they will look into it.
My question and concern is why is the salvage agent selling the car on as HPi clear BEFORE the claim has been settled and before the person has been paid out. the claim was settled 4 weeks after i bought the car. The salvage agent definitely has not followed rules here. 
maybe it was an employee car where they knew the system and how to take advantage of this loop hole
My main concern now is to find a way of getting my money back..either by getting the catergory reviewed or taking legal action against Raw2k

neilmcl

ElephantBoy57 said:

AdrianC said:

ElephantBoy57 said:

A Category A/B car cannot be sold as a whole car, as its chassis and structural frame must be destroyed, however, all non-structural parts can be removed and sold, such as the engine, gearbox, suspension and wheels, should these parts be undamaged.

Not from a CatA. This isn't law, though. It's merely an insurance industry agreement.

It's clear that the OP has been conned, he just needs to get the right help.

What are my rights when I am buying a used car?

As with any purchase, when you buy a used car, if it was purchased after 1 October 2015, you are protected by the Consumer Rights Act. The Consumer Rights Act was set up in 2015 so that consumers can buy and businesses can sell to them with confidence.

The impact of the Act is huge in relation to giving consumers the legal right to ask for repairs, replacements or refunds on faulty items. There is a 30-day time period to return faulty goods and get a full refund. After these 30 days retailers have one opportunity to either repair or replace any goods depending on what you request. If this doesn’t happen you can claim a refund or, if you wish to keep the product, a price reduction of up to 100%.

If the car was bought online from a dealer, your rights are the same as if you buy from a dealer in person.

https://coodes.co.uk/blog/mis-sold-a-used-car/

He didn't but from a dealer, he purchased via an auction, different rules apply.