Private sale Cat S not declared

kirtsypoos

Hi all, 

I recently purchased a car from a local man, asked if it had been subject to any write offs (having been burnt before) and he gave me the V5 document to show me it hadn’t (nothing shown). 

Paid his business account and went on my way. New V5 arrived and it’s a Cat S write off. I paid way over the odds for a Cat S car. 

He is also advertising various other cars on Facebook marketplace using the business name whose account I paid. 

Is it worth a small claims court application? 

I have severe anxiety and can’t deal with confrontation and he is fairly well known in the area as an unpleasant man to deal with if challenged (new to the area, didn’t know this when I purchased) and I’ve been stressing about it for a week now not knowing what to do.  

facade

A private seller doesn't need to declare a Cat S, or volunteer any information.

A private seller can't tell lies though, so if you have a recording, several reliable witnesses, email records  or written communication where he categorically states that it is not a CAT S then you have a valid claim and would no doubt win in Court.

However, he is clearly a trader masquerading as a private seller to shirk legal responsibilities, so it will more than likely be an extremely difficult process. (And at the end of it he will likely have arranged his affairs so that there is nothing for bailiffs to seize, and he just won't pay)

You should be able to return the car for a refund as it is not as described, or claim back the difference in selling price between a CAT s and an unrecorded car.

If you can afford to let it go, it might be best to and avoid the stress of going through a court case.

fatbelly

For others reading, this is why you do a vehicle data check before committing to purchase.

In your situation yes the vehicle was not described accurately, unless it was described as cat s and you missed it. You don't need to rush to small claims but you do need to research how much a cat s version of your car would sell for and ask the seller to stump up the difference.

The other option is to ask for the seller to take the vehicle back for what he sold it for, less a mileage allowance.

See what the reaction is

facade

It may even be that the seller didn't know (or can claim that he didn't) because the V5 isn't marked.

Insurers can be a bit slow about recording the write-off, and it is often possible with a simple repair to buy the salvage, repair it and get an unmarked V5 issued before the write-off gets through the system.

If you did a HPI check and it didn't show the write-off, then you may be able to claim compensation from the report provider.

Otherwise, you either accept that you have been done and just keep driving it, or start by going back to the seller and seeing what he is prepared to do, and then you can try the small claims route.

born_again

facade said:

It may even be that the seller didn't know (or can claim that he didn't) because the V5 isn't marked.

Insurers can be a bit slow about recording the write-off, and it is often possible with a simple repair to buy the salvage, repair it and get an unmarked V5 issued before the write-off gets through the system.

If you did a HPI check and it didn't show the write-off, then you may be able to claim compensation from the report provider.

Otherwise, you either accept that you have been done and just keep driving it, or start by going back to the seller and seeing what he is prepared to do, and then you can try the small claims route.

The question will be who's name was on the V5?

bet is on it is not the seller.