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I sold a car - URGENT HELP


mark2004uk
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:-o I sold my car and then the person I sold it to wrote it off, but it had been written off before I had it, only due to a hit in the backdoor. No the person I sold it so has been to my door saying that the insurance is paying out crap money and they have been to a soliciter, and the soliciter says they have a good case to sue ( is that how u spell it ) me, can they sue me? they did not ask if it was written off, I forgot to tell them, I am not a car sales chap I was just selling my old car.

 

any adivse would be good ASAP:mad:

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Probably not what you want to hear, but I belive that if you were aware that the car was a write-off, than it is your responsibility to make any possible buyers aware to that fact. If you were not told when you bought the car and you were genuinely unaware that the car had been written off than the previous owner is at fault and the liability can be passed to them.

This is what I think is the basics of it, I had a written off car a few years ago and vaugely remember beng told this, but not 100% on it.

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Surprisingly, and wrongly IMO, no, you don't have to tell them about it. If they ask, however, you must tell them, but it was up to the buyer to ask.

 

However, it depends as well on which category of write-off. If you allowed the car to be driven away knowing it was a a or B category (only fit to be scrapped, road unworthy) then you may have committed an offence by allowing it to be driven on the public highway.

 

The solicitor threatening to sue you may well do to check with TS, or they'll find they're not going to get very far. It is of course quite possible that they're just saying that to try and intimidate you into a settlement.

 

For your info, read this carefully:

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

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if it was fit for the road, had a valid MOT certificate, then i am afraid it is caveat emptor (buyer beware). LOTS of written off vehicles get repaired and sold on, obviously not the horrific ones, just ones where the damage is a couple of hundred but the cars actual value means that the repair wouldnt be cost effective.

 

If the buyer subsequently wrote off the car and the insurance company is offering peanuts, then it isnt your problem at all.

 

You didnt say what category of write off it was when you got the vehicle.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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If the buyer didn't ask then it's a case of tough. They could have always done an HPI check, if they were that bothered at the time of buying about such things :rolleyes:

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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The onus is on the purchaser to ask the seller if the vehicle has ever been an insurance total loss. You are not obliged to tell them unless they ask. If the vehicle is dangerous to drive then that is a different matter.

Also, ask why did his insurance company agree to insure the car, (at a normal premium no doubt) knowing that any future claim would be penalised due to the vehicle's history.

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  • 2 weeks later...

Some of you may find this helpfull:

 

Cat A: Complete Vehicle to be crushed, no parts to be salvaged.

(not to be returned to road)

 

Cat B: Shell to be crushed, parts can be salvaged

(not to be returned to road)

 

Cat C: Extensively damaged, insurance deemed uneconomical repair, but can be repaired

 

Cat D: Damaged vehicle, insurance deemed uneconomical to repair, but can be repaired

 

Cat F: Fire damaged, uneconomical to repair

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TUF TITY!

 

BUYER BE AWARE!

 

The buyer should of HPi'ed the vehicle at any rate.

 

I would not lose any sleep, generally vehicle is sold as seen with no warranties expressed or implied.

** Credentials **

 

10 Years Finance Fraud Investigator

 

5 Year High Court Sheriffs

 

2 Years Tip Staff Royal Courts

 

Currently : HMCS Enforcement Officer

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