Just found out car I've bought was a write off

tinkerbelluk

Hi all,

I know there are a couple of posts already on this subject but none seem to fit my circumstances.

Basically I purchased an 06 Fiesta from a dealer last Monday for £5400, I specifically asked was it an insurance write off and I was told no. I also asked for the HPI certificate and was told by the guy he didn't have access to the system then but he would forward it to me in the post (I know I should have smelt something then!)

Anyway after waiting all week and no certificate I've HPI it today and it is showing as a Cat D write off, problem is there is no information with the car as to the extent of the damage or what has been repaired etc.

Obviously I feel completely cheated by the dealer and have phones him this afternoon but he said he would look into it and call me tomorrow (that was only after I went mad when he said I would need to call tomorrow!)

Basically I'm looking for any advice on what recourse I have if any?

Thanks for any advice in advance.

Zeitgeist

A Category C or D write-off is one that insurers consider unecomonical to repair but one that could, given enough time in the workshop, be repaired and returned to the road.

Category A and B should never be returned to the road. A Category B write off is one that is so badly damaged it can only be used for the salvaging of spare parts, while a Category A is one that is sent to the crusher.

tinkerbelluk

Zeitgeist,

Thanks for that but in all honesty I'm not happy driving it as I have no clue to the extent of the damage. I've spent the day looking at Cat D cars and as far as I can see this covers everything from minor cosmetic damage to half of the side of the car missing and every air bag gone off :eek:

My main problem is I thought dealers have to disclose if it was a write off?

blue_haddock

Dealers do not have to disclose it but if you ask them they should tell you.

I would suggest you have strong ground to reject the car. Probably best getting some legal advice off CAB, Trading standards or even a solicitor then speak to the dealer.

matt1987

You only paid for the car last week, im sure your still covered under some trading act up until 14 days?? Take the car back, and insist you want your money back, or a discount on the car??

If its Cat D there is really not much to worry about as it could be something like a door and bonnet! I suggest you get it checked out by someone like the RAC or AA if your going to keep it for peace of mind.

My G/F's Ford KA was a cat D, and she got it at a good price 2 years ago.... its a 2005 plate. The dealer did say that it was a Cat D though, and im sure the dealer does have to say whether it has been in an accident or not.

tinkerbelluk

Thanks all. I think when he calls tomorrow i'll see what he says and see if he's willing to give me my money back or refund some of the purchase price.

Keith

If a car is damaged in it's first year on the road, the insurance company will replace it rather than repair it, then sell on the damaged vehicle. Putting a cat C/D car into the market place.

Pew_Pew_Pew_Lasers!

Car sold not as described. Return it and demand all of your money back. Involve trading standards regardless of outcome.

Do not give them the V5 until the money is back in your account - just as you would if you were selling it.

Its fraud, pure and simple. If they lied to you about this, what else haven't they told you?

The car will likely be perfectly safe to drive, however you didn't want a Cat D car so you don't have to accept it.

balsingh

tinkerbelluk wrote: »

Thanks all. I think when he calls tomorrow i'll see what he says and see if he's willing to give me my money back or refund some of the purchase price.

Unless someone can correct me, I have been told a Cat C/D car is worth approx. 66% of the 'going rate' so if you do decide to keep the car, try and get a third of what you paid to make it worth your while.

molerat

Carefully check the sale agreement which will have been signed by the salesman and will state that the car has not been an insurance total loss.

tinkerbelluk

Just a quick update on this. I finally managed to speak to the owner of the garage yesterday who told me that the Sale of Goods Act doesn’t apply to him!!!

Anyway I asked again for my money back and he said “no sue me if you like” so I guess that’s my next step.

The plan is to write to him this evening cc’ing in Trading Standards giving him 7 days to come back to me and if not I guess we’re going down the small claims route. What is interesting is that he said that he’s never had this before but I’ve HPI checked another car he’s got for sale and guess what – That’s a Cat C Write Off so he’s obviously doing this all the time.

So my question is apart from saying I want my money back under s13 Sale of Goods Act do I need to put anything else in the letter?