Private Purchase - Car has lots of hidden damage!

AdrianC

He said:

If it really is 'major damage', could you claim against the HPI check you had done? 

HPI doesn't say the car's never been damaged... just that it's never been recorded as the subject of a write-off insurance claim.

mattyprice4004

I have to say, if it's a 1 owner car they will have been aware of the damage - and have lied to cover it up. 
Regardless of 'caveat emptor' they have lied about the vehicle being accident free - the next step is to judge if the person who sold you the car would have the money to pay out should you win your claim.

Personally, if I'd been outright lied to I'd also be looking to take it further. 

angrycrow

Playing devil's advocate it is possible that the previous owner is unaware of the damage. I have seen loads of cases over the years where cars have been crashed or damaged whilst in for servicing and mechanical repairs and the garage have covered it up by quickly bodging repairs on the car.

On one occasion it was a Land Rover discovery that was only 3 years old. They replaced the front bumper lights and reg plates after rear ending another car. Unfortunately the third party claim was initially directed to the owner which tipped them off to what the dealer had done. 

macman

We still lack context: make, model, mileage, price paid?
OP has I think gone elsewhere.

treeroy

should have checked the car over more thoroughly. Buyer beware, caveat emptor, etc 


If the damage at the rear is not "visible to the untrained eye", does it actually need repairing? No point repairing stuff on a used car if it doesnt need to be fixed. as long as the car drives OK and passes MOT then who cares.
headlight should not be expensive to secure better if you want that. might be fine with styrofoam. It's not going to just fall off while driving. My last car headlight was "secured" by a zip tie and it went through MOT fine.

akira181

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.

I agree but in the heat of the moment, more often than not, people tend to equate not hearing what they want to hear as nasty comments when it's just the facts.  Plus, giving bad advice and being stubbornly adamant about it when it's pointed out is equally poor form.  Small claims are never straightforward and I think the system is deeply flawed.  Even if you win, the other party can just ignore it, which scammers often do, leaving you with the court fees.  The other party has minimal repercussions from ignoring a small claims judgement, a mark on their credit history for 6 years.  Less than a slap on the wrist.  You can take if further, but be prepared for more fees with almost as few guarantees.  Definitely not worth it if the sum is relatively small, which it probably is in this case for an 11+ year old car.

And as with all cases, it's not clear cut either.  Considering the OP has had the car for 6 weeks, the OP would need to prove the buyer was acting fraudulently and the damage was preexisting, which I don't think is possible since the repair sounds like it was clearly "off the books".  The seller could just as easily claim the OP damaged the car, bodged the repair, and is blaming him.  Immediately a 50/50 he said, she said.  If the car is as badly damaged as the OP's mechanic says, then it should have been visible when looking over the car prior to purchase.  A poorly fitted bumper would be misaligned, different shades of paint, a loose headlight held in with Styrofoam and about to fall out should be noticeable, etc.

That's why trade dealers are more expensive, you get a warranty and some legal clout if things go sour.  It sucks that you got scammed but that's a risk of going the cheaper route of a private sale.  Chalk it up to experience and look the car over more thoroughly next time and bring a knowledgeable friend if necessary.

brianposter

akira181 said:

  Small claims are never straightforward

I always found English small claims to be very straightforward.