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

smartie1976

Make sure you keep details of the other Cat C car, and mention this when you tell TS, noting he said he's never had this before but oh loook - there's another one, which will show he's lying.
Surely he must know where his stock comes from, so he must know they've been Cat C/D?

Technically you've been missold as the seller has withheld information but I'm not sure there's anything legal you can do.

I haven't been able to find any legal bits and bobs on this, but on another forum:

No legal requirement to disclose, especially from a private seller, unless specifically asked. Just the same as any other "defect".

So I guess you can possibly pursue him for the difference in the market value vs the value of the vehicle after the write off (ie about 50%).

Is the seller a private trader of a company? If he's private you've got very little comeback.
http://www.autotrader.co.uk/CARS/buying/your_legal_rights.jsp

Optimist

The sale of goods certainly applies in spite of what the garage owner says however may I suggest you have a word with trading standards first or consumer direct as they are the first point of contact on 08454 04 05 06

cyclonebri1

OP, please keep us informed of the outcome of this. I, as I assume many others did, thought that a "dealer" had to declare any total loss issues. Indeed thaats the only reason many people buy from a dealer as they hold the perception that they have this protection.

If the situation is as the comments suggest all is not well as I thought legislation was in place to protect us from the Arthur Daleys in the trade?

molerat

molerat wrote: »

Carefully check the sale agreement which will have been signed by the salesman and will state, if from a reputable dealer, that the car has not been an insurance total loss.

I have edited my previous post as above so check your sale document, mine has that statement in it. Car dealers have to be licensed by the local council and they will be interested in dodgy ones. A local dealer in my area is no longer licensed for similar practices.

moonrakerz

tinkerbelluk wrote: »

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.

Sorry to say this - but he sounds like an expert at doing this !

tinkerbelluk

Right all sorry I've not had a chance to update you but as you can see from the letters below I've been a little busy.

First things first - The dealer! in question is TPC Trade Centre in Barry.

Secondly I thought you could all use a laugh so copies of the now! 2 letters that have been sent:

Letter 1

Further to our recent conversation please take this as formal notification that I wish to reject the above mentioned car and have my full purchase price and my linked costs refunded within 7 days of the date of this letter.

As I have tried to explain to you several times during our conversations, on 17th March 2008 I purchased a Ford Zetec Climate from you for the cost of £5,400 (appendix 1). I specifically asked the salesman was the car subject to any outstanding finance or was it a prior insurance write off and I was assured that this was not the case. This would appear to go with your advertised claims on your website that all your vehicles are HPI Checked (appendix 2).

During the purchase of the vehicle I asked for a copy of the HPI certificate in relation to the car and I was advised by your salesman that he was unable to access it at that time and it would follow in the post, but he again advised me not to worry as the car “wasn’t a previous write off”. Obviously this certificate has not been forthcoming from you, so I undertook a HPI check myself and have since discovered that the car is in fact a Category D write off (appendix 3).

When I contacted you on the 25th March to advise you off this fact you appeared to be most unconcerned and advised you were unwilling to refund my money as the Sale of Goods Act did not apply to you and that if I wanted my money back I should “sue you”.

I’m sure that as a trader you are more than aware that you do fall under the remit of s13 Sale of Goods Act 1979 were it makes it an implied term of the contract, that goods be as described. As the vehicle was sold to me on the assurance that it was HPI clear you are in breach of contract and therefore I am rejecting the vehicle and request that you refund the sum paid to you of £5,400 within 7 days of the date of this letter.

Due to the serious nature of this deception by your company I have also been advised by my insurance company that unless I provide a written engineers report confirming the car is roadworthy my insurance will be cancelled. Therefore if I do not hear back from you within the next 7 days I will add the cost of obtaining this report to the amount I am seeking refunded.

Please be aware that I find your claim of this being a “one-off” completely farcical as a random check of another car you are advising as HPI cleared is in fact also showing as a Category C insurance write off (appendix 4 & 5). Therefore I believe that you are fully aware of the fact that the vehicles you are selling are not HPI cleared and that you are deliberately trying to mislead customers.

As you are aware I have tried on several occasions to resolve this matter amicably with you to no avail, therefore I require you to confirm whether you will arrange for the vehicle to be collected or if you will reimburse me for the cost of returning it to you.

Please be aware that if I do not hear back from you within 7 days I will have no other option than to seek redress through the courts as well as gaining maximum publicity to highlight this matter as my dealings with your company thus far no way live up to your claim on your website that you “are determined to offer an after sales service which is second to none.”.


After a call yesterday evening, this letters going today!

Further to your telephone call this evening I thought it prudent to respond in writing. As mentioned on the telephone to you I find your offer to refund me £5,200 of my original purchase price of £5,400 an insult and completely unacceptable given the circumstances.

I strongly disagree with your rational of you charging me £200 for your inconvenience to take the vehicle back when it is purely down to your companies’ deceit that we find ourselves in this position.

As I have advised you several times I used the vehicle only up until the day I found out that it was a previous Category D insurance write off and that I have done less than 200 miles in the vehicle. I am now in a position where as I have a vehicle that is both taxed and insured yet I am unable to use it.

As I tried to explain on the telephone to you and in my previous letter, s13 Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described. As the vehicle was sold to me on the assurance that it was HPI clear you are in breach of contract and therefore once again I am rejecting the vehicle and request that you refund the FULL sum paid to you of £5,400 within 7 days of the date of my original letter.

I find your comments that a HPI check is only there to show outstanding finance completely farcical and an insult to my intelligence. The HPI group which itself created the concept of this type of vehicle check describes its use as: “HPI's role in the second-hand car market is crucial. It provides private car buyers, car dealers, finance houses, and the insurance industry with access to information on all UK registered vehicles. Using HPI ensures that vehicles are legal and will really belong to the people who buy them.

As well as confirming whether a vehicle has outstanding car finance, is recorded as stolen, or has previously been written-off, HPI's used car check also confirms many other details, including the make, model, colour, door plan, and engine size. Our data checks that these match the descriptions recorded against the vehicle at the time of manufacture, protecting the interests of the motorist and helping dealers meet their legal obligations. We also have access to the National Mileage Register, the UK's largest database of mileages, to alert car buyers and dealers to potential mileage discrepancies.” (Source: http://www.hpicheck.com)

As I have clearly stated now on several occasions I am seeking a full refund of my total purchase price as well as the additional cost of a vehicle inspection which I am now under an obligation from my insurance company to obtain due to your deception when selling me this vehicle.

If this matter can now not be resolved to my satisfaction, within 7 days of the date of the original letter I will have no other option than to seek redress through the courts as well as gaining maximum publicity to highlight this matter.

---

Let's see what he has to say next! I must say Trading Standards have been completely useless as well!

Inactive

Good letter, good luck with this.;)

Keith

Good letters, but I don't see why you are having the engineers report carried out? Unless you intend to keep it on the road and require it to be insured.

Could you move the car to private property and cancel the insurance?

lilac_lady

I would have taken the £5200 and written off the £200 as the price of a lesson to myself not to believe what a car salesperson tells me without positive proof - the HPI certificate. Having said that, I think you did well to get that offer - awesome letters.

hobo28

Must admit, I'd be tempted to have taken the £5200 then worry about the other £200 after. That way your exposure is less.

Also, I'd insist on getting cleared funds before handing the car back.