Seller didn’t declare car written off

budget888

Hi.
I bought a car I’d seen on eBay. Seller didn’t declare an insurance loss.
I paid for a car-check full report, it came back clear.
The seller is registered as a business seller (main business is not car related).
The car HAS been written off and seller is ignoring me.
questions:
can I sue seller?
can I sue car-check?

I part ex’d a car to him in the sale. Prior to the sale I put my private plate on retention.
today I received a V5 for my part ex vehicle in my name.
question:
can I use this V5 to make things difficult for him to register it (some small revenge)?
thank you.

DullGreyGuy

If the vehicle check was clear how do you know its been a total loss?

Aylesbury_Duck

How did you come to realise it had been written off, when the professional report didn't pick it up?  

Is the seller a dealer?  Have they sold cars previously?  If a part exchange is involved it suggests he's a dealer.

As I understand it, you have to declare write-off status when you sell a car, but is it possible the seller didn't know himself?  It's plausible, given that your paid-for report didn't uncover it.

You can sue anyone you like, but you'll need to do a bit more homework first, to try and establish who knew or should have known what, and when.

The V5 error is a distraction.  You're no longer the owner of your old car, no matter what the V5 says.  Concentrate on the case at hand instead of being silly with something like that.

budget888

Ok thank you.
He only gave me the green slip, new keeper supplement.
I later found an old v5 in the boot which shows it as written off.
he’s a business seller on eBay but not a vehicle dealer. His main business is stationary products.
I appreciate he may not have known (but don’t believe it). But now I’ve told him he must put things right surely?

DullGreyGuy

What category total loss was it?

budget888

On the front page of V5 under Special Notes it states that it’s been salvaged as the cost of commercial repair is higher than the value of the car.

budget888

I don’t know where it actually states if cat c or cat d etc. it just has this note.

DullGreyGuy

budget888 said:

On the front page of V5 under Special Notes it states that it’s been salvaged as the cost of commercial repair is higher than the value of the car.

So sounds like it was a total loss prior to 2020 when we had Cat C and D that were replaced with S and N. It wasnt a straight replacement though as D & C used to be almost how much of a write off are they whereas S and N are supposed to be explicitly if there is structural damage or not. 

Cat S is marked on the V5c whereas Cat N isn't. Cat C had to be marked on the V5c but D was more or less optional/ it depends. 

What is the age of the vehicle? A total loss record does devalue a vehicle but a Cat D on a non-classic 20 year old car could be a single small scratch whereas a Cat S on a brand new luxury vehicle is clearly substantial damage. 

Were they a motor trader they'd be expected to make reasonable investigation and declare the write off if they could have found it. As a non-motor trader it's less clear as long as the road is currently road legal. It's odd however for a non-motor trader to take a trade in. 

budget888

It’s a 2020 car and I think the damage occurred very soon after purchase.

budget888

Sorry 2000 car, not 2020!

LightFlare

So you part-ex your previous vehicle for a 2000 vehicle ?

What was the sale price of the vehicle and what did you part-ex ?

Seriously though, with a 2000 car, being classed as a write off - you are lucky it’s still running and doesn’t have any major underlying mechanical issues