Private Purchase - Car has lots of hidden damage!

fred246

Someone has joined the forum for some good advice which is what I am giving. If the seller wants to tell the judge that they lent the car to someone for 6 months who must have crashed the car and had it mended without their knowledge they can do that. As I say judges are very good at working out if it's a true story.

burlingtonfl6

fred246 said:

There's no point. It was sold as an 'accident free' car. It obviously isn't and the seller knew it wasn't. No point trying to belittle the buyer. It's very sad when people come on this forum asking for helpful advice and all they get is nasty comments from the regulars.

If you caught a post 11 years ago and had it painted should you declare it as accident free 11 years later when you're selling it?

MinuteNoodles

AnneGR said:

For example, a headlight has been 'secured' using styrofoam and in it's current condition would not pass the MOT. 

I have also learnt that there is damage to the back of the car, not visible to the untrained eye, that is going to cost a further £800-£1k. 

You need to change your mechanic. As long as the headlight is secure, the beam pattern is correct and it's aimed properly it'll pass a MOT. The MOT does not check the method of securing, the MOT tester literally grabs the headlamp and tries, with light force, to see if there's any movement. If there's not it'll pass. Styrofoam would actually hold it in place enough to pass a MOT quite well.

As for the damage at the rear, even you admit your mechanic said it isn't visible to the untrained eye so a private seller could reasonably not be expected to know there actually was any, after all you didn't see it did you? Depending on the car it's quite possible that where the headlight is secured isn't immediately visible without removing things in the way like batteries and air filter boxes or even having to remove a wheel and take out the wheel arch lining so it could be a case that the seller bought the car like that and was completely unaware themselves, like you doing a HP check and seeing it hadn't had any accident damage recorded. It's perfectly possible for a car to have been in an accident, even a quite major one, and be repaired without it being recorded on the register. The register is not a 100% guarantee the vehicle that's showing as accident clear hasn't been in an accident.

Mercdriver

fred246 said:

Someone has joined the forum for some good advice which is what I am giving. If the seller wants to tell the judge that they lent the car to someone for 6 months who must have crashed the car and had it mended without their knowledge they can do that. As I say judges are very good at working out if it's a true story.

Your advice in these matters tends to be that it is easy.  That you can just get things fixed and that the judge will simply order whatever you paid to be paid to you.  It is rarely as simple as that.  For starters just because you are the plaintiff doesn't mean you can take it to the most expensive place and expect to get back all that you paid.  You will be expected to demonstrate that you did all you could to minimise costs, or else the judge will decide how much of the claim is paid.  
Also, getting judgement is one thing, getting paid is often quite another.  

walwyn1978

Mercdriver said:

fred246 said:

Someone has joined the forum for some good advice which is what I am giving. If the seller wants to tell the judge that they lent the car to someone for 6 months who must have crashed the car and had it mended without their knowledge they can do that. As I say judges are very good at working out if it's a true story.

Your advice in these matters tends to be that it is easy.  That you can just get things fixed and that the judge will simply order whatever you paid to be paid to you.  It is rarely as simple as that.  For starters just because you are the plaintiff doesn't mean you can take it to the most expensive place and expect to get back all that you paid.  You will be expected to demonstrate that you did all you could to minimise costs, or else the judge will decide how much of the claim is paid.  
Also, getting judgement is one thing, getting paid is often quite another.  

All of that last line. You can chase, and you might win, but you might not, and if you do the seller may declare bankruptcy. 

You’ve still not said how much it cost, unless I’ve missed it, in which case apologies. But another vote here for fixing it and getting on with life. Yes, the seller probably hasn’t been totally correct. Are you prepared to spend weeks/months taking it to court? 

fred246

After having it fixed you just go on MoneyClaimOnline and fill the forms out. Less than an hour. Then they either pay up or you go to court. Less than half a day in court. The fee would be about £50. That is the 'gamble'. If you win you get your £50 back. Or you could lose £50. If it definitely is a 'one previous owner' car and has been guaranteed 'accident free' I would go for it. Good chance of winning. Exact fees here
https://www.gov.uk/make-court-claim-for-money/court-fees

bigadaj

fred246 said:

After having it fixed you just go on MoneyClaimOnline and fill the forms out. Less than an hour. Then they either pay up or you go to court. Less than half a day in court. The fee would be about £50. That is the 'gamble'. If you win you get your £50 back. Or you could lose £50. If it definitely is a 'one previous owner' car and has been guaranteed 'accident free' I would go for it. Good chance of winning. Exact fees here
https://www.gov.uk/make-court-claim-for-money/court-fees

Along with all the  hassle you only get your fee back if you can get the  money out of the other party. Then you employ a bailiff at more cost, or you can elevate to the high court and try and get sherriffs to enforce, after paying another fee. No guarantee of payment even after going through all those stages.

Mercdriver

fred246 said:

After having it fixed you just go on MoneyClaimOnline and fill the forms out. Less than an hour. Then they either pay up or you go to court. Less than half a day in court. The fee would be about £50. That is the 'gamble'. If you win you get your £50 back. Or you could lose £50. If it definitely is a 'one previous owner' car and has been guaranteed 'accident free' I would go for it. Good chance of winning. Exact fees here
https://www.gov.uk/make-court-claim-for-money/court-fees

Yet again you suggest it is simple.  It isn't.  Read the responses above.  Even if you get the Sherriifs on to it, the plaintiff has to pay if they cannot get collection from the defendant.  Read the responses again.  You cannot expect to get repaid in full if you just go off and do it.  All it would take is for the defendant to get a lower credible quotation, and the plaintiff wouldn't get the full costs back.  

DoaM

fred246 said:

After having it fixed you just go on MoneyClaimOnline and fill the forms out. Less than an hour. Then they either pay up or you go to court. Less than half a day in court. The fee would be about £50. That is the 'gamble'. If you win you get your £50 back. Or you could lose £50. If it definitely is a 'one previous owner' car and has been guaranteed 'accident free' I would go for it. Good chance of winning. Exact fees here
https://www.gov.uk/make-court-claim-for-money/court-fees

So you're basing your advice on a claim for what value exactly? (The only £50 fee cost is for a paper claim between £300 and £500 ... and nobody in their right mind pays extra to file paper claims - they use the online method).

He

OP, do the issues on your car 'sound' worse than they really are?
A few years ago I was in a minor accident which went through the insurance company. The bill for just a few scratches and a minor dent / bumper replacement was almost £1000, but the car was ok.

If it really is 'major damage', could you claim against the HPI check you had done? 
Just a thought / suggestion.