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Claiming on Consumers act 2015 for a used car

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  • Mildly_Miffed
    Mildly_Miffed Posts: 1,547 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    edited 2 September 2024 at 6:35PM
    It’s not really the point if the car is at the average scrapping age.
    In terms of your enforceable consumer rights - yes, it is. It would not be reasonable to expect a 13yo car to be the same condition as a 1yo one, would it?

    As far as the write-off goes - a parking bingle with a cracked bumper and light, together with a scrape on the wing is very likely to see a car that's only worth a few grand written off as CatN.

    The cost of supplying and fitting a new bumper and light, repairing the wing, painting the bumper and wing and blending the paint in over a couple of adjoining panels, together a hire car for a week or more... No, they just write it off and sell it on through the salvage auctions.
  • 400ixl
    400ixl Posts: 4,482 Forumite
    1,000 Posts Third Anniversary Name Dropper
    It’s not really the point if the car is at the average scrapping age. The dealer has still been dishonest with the sale leaving me out of pocket. 

    We couldn’t afford a newer car which is why we went for an older one. 

    Or clarity, I am the buyer, I haven’t just decided I didn’t want it. I’ve paid more for a purchase and been misled which is why I am seeing if there is a case. 
    Not all CAT N's are registered as such on the V5C. Does your state it? If not the dealer may well have not known it was a CAT N and not been dishonest at all.

    Did you ask if it was and what checks had been done? Did you do any checks?

    Unless you have clear evidence they knew it will be difficult for you to prove mis-advertising.

    You say the oil leak was there for the day you purchased it and that they repaired it but i came back later. What was the oil leak they fixed and is this the same leak again? That may be enough to be able to reject the car, but you wouldn't be entitled to a full refund as you have been using it for 5 months. The dealer would have the right to deduct usage. How many miles have you done in the 5 months?
  • born_again
    born_again Posts: 20,356 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Arunmor said:
    Mark_d said:
    Do you have car insurance for driving this Cat N vehicle on a public road?
    Why wouldn't they have insurance?  Strange question.   
    I think they are referring to having declared the car as a Cat N on their insurance.
    Life in the slow lane
  • GrumpyDil
    GrumpyDil Posts: 2,036 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Arunmor said:
    Mark_d said:
    Do you have car insurance for driving this Cat N vehicle on a public road?
    Why wouldn't they have insurance?  Strange question.   
    I think they are referring to having declared the car as a Cat N on their insurance.
    Not aware of any question around category markers on any policy or quote I've ever done.

    My understanding is that the Cat marker could potentially impact the payout amount but not the actual policy cover. 
  • jimjames
    jimjames Posts: 18,649 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 3 September 2024 at 1:32PM
    Have you found out exactly what the damage was which caused the car to be written off? Depending on its value, a 13 yr old car with very minor damage would most probably be written off as hire car costs could make it uneconomic to repair
    I haven’t found out what the damage is, I got a report but it didn’t say it just said Cat N. The only reason I found out as I got a trade in quote and the dealership said. 
    A car could have had far worse damage earlier in its life and been repaired with you having no knowledge of it at all. Cat N doesn't mean it's unsafe or needs to be sold. Oil leak is probably nothing to do with the cat N.
    Remember the saying: if it looks too good to be true it almost certainly is.
  • Arunmor
    Arunmor Posts: 595 Forumite
    500 Posts First Anniversary Name Dropper
    Arunmor said:
    Mark_d said:
    Do you have car insurance for driving this Cat N vehicle on a public road?
    Why wouldn't they have insurance?  Strange question.   
    I think they are referring to having declared the car as a Cat N on their insurance.
    You don't need to declare it being Cat N (or cat S) to your insurer, unless asked and I've never been asked and I've insured at least half a dozen that I have bought and repaired.
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