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  • FIRST POST
    911_01
    Dealer sold me a CAT D Write-off
    • #1
    • 9th Apr 09, 5:18 PM
    Dealer sold me a CAT D Write-off 9th Apr 09 at 5:18 PM
    Ladies/Gents,

    Could you please give me some advice
    I paid a substantial amount of money for a sports car a year ago, the advert from the trader included "HPI Clear with certificate to prove no accidents or bad history" it also states "Excellent condition, I challenge you to find another this good". I met the seller, asked again if it was HPI clear, he confirmed it was and said a HPI Certificate is included.
    6 months went by after purchasing and I decided to p/x.. I took it to a dealer and they told me it was a write off, cat D, they also pointed out the sides are full of filler and panel gaps are all wrong, and cracks are in the engine bay (all of which I hadnt noticed because the overall impact of the car was good).
    The HPI certificate he provided me with appears to be fake as I paid for another and it was written off in 2003, i purchased in 2008. I contacted the seller who, as stated above, was a trader, he emailed me back saying "I dont understand, the car was provided with 100% clear report", he said it wasnt his responsibility and basically he wasnt interested, he bought it in good faith etc.
    I took legal advice and believe hes in breech of sales of goods act 1979 section 13(1) - goods must be as described. I sent him 2 recorded delivery letters with my claims asking for recompense, he refused delivery of both.
    I started a claim on MCOL for what I believe to be a fair recompense (54% of purchase price - most insurers value the car at 50% and since the repair is poor this seems justified)
    The trader filed a defence denying my full claim saying it was my responsibility to do a check and I shouldnt of relied on the certificate he gave me as it was out of date (2 months old). He also says it was a trade sale and I was a trader - I'm not, never have been, and never told him I was or implied to be such. Hes also added this wording to his copy of the invoice "trade sale agreed at discounted price, no warranty implied or given sold as seen tried and tested by buyer" - I have my copy of the invoice and it has no such wording.
    I feel I have no other option but to take him to court.

    What do you guys think my probability of winning is?

    I paid 26000 for the car, in reality I'd be lucky to get 12k for it with its history.
    Last edited by 911_01; 09-04-2009 at 5:22 PM.
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