HPI Checked vehicle - found to be a write off Am Entitled to my deposit back

[nick7602]

Hi

 

 

Thank you very much for looking at my thread.........I was looking to buy a vehicle from an independent dealer

 

 

After we had paid the deposit a friend suggested we HPi check the car, we had already asked the dealer and he mentioned that that they had done a HPi check as standard procedure.

 

 

When we purchased a report it stated that the vehicle was a write off?

 

 

Am I entitled to my deposit back?

 

 

 

 

Thank you very much to all responders

 

 

 

 

Kind Regards

 

 

Nick

[unclebulgaria67]

Yes as a dealer they should have checked prior to sale and advised people. It is relevant to a potential customer in deciding whether to buy or not. Ask for deposit back and if they don't see if Trading Standards will assist. If not you could issue a small court claim, after giving the dealer written warning.

[Conniff]

I wouldn't bother with TS, they don't help individuals, If a return is not forthcoming, a letter before action should be the next move.

[nick7602]

Yes as a dealer they should have checked prior to sale and advised people. It is relevant to a potential customer in deciding whether to buy or not. Ask for deposit back and if they don't see if Trading Standards will assist. If not you could issue a small court claim, after giving the dealer written warning.

 

Thank you very much for the advice

[nick7602]

It looks like I dont stand a chance, I checked the vehicle advert again and it does state that the vehicle is an insurance Catagory D, professionally repaired, in my enthusiasm I had missed this fact, we paid for the deposit on Barclay Card and have placed the amount into dispute

 

The form we signed does not mention anywhere that the amount we paid was non refundable? Also face to face at no point were we made aware of the catagory D vehicle write off by the insurance company?

 

Also the financial services rules governing the trader were never mentioned to us

[Bazooka Boo]

Sharklaycard should refund the deposit immediately.

 

And all you need tell the dealer is thanks but no thanks and walk away.

[oddjobbob]

I don't agree with Bazooka I'mafraid.

 

 

If the ad stated it was a cat D write off then that's the car you bought I'm afraid - Barclaycard won't simply hand you your money back.

 

The dealer would be quite entitled to presume that you had read the ad properly.

 

 

Although it is compulsory for a dealer to declare a write off prior to sale, they did in fact do so.

 

 

Cat D is not really that bad, normally cosmetic damage only, and usually insurable at normal rates- and I think it quite likely that the car was advertised reasonably cheaply which helped in your decision to buy.

[nick7602]

I think you are right odd job.......being fair I can see I should have been more careful and as much as I hate to admit it I probably wont get my money back

 

The cosmetic damage was such that a large post of some sort fell onto the car this would have crushed the roof, which is why the insurance company classed the vehicle as a write off, this may have been repaired but my personal feelings are that the structural integrity of the roof of the vehicle in any future collision has been compromised, no vehicle ever drives the same again after any collision or accident where the vehicle is classed as a write off, I wouldnt want to risk my family in such a vehicle.

 

What does concern me is that this particular independant dealer seems to think that if you take this vehicle to a franchised dealer they will repair any problems found such as a faulty drivers seat belt that was quite hard to pull out?.....dont worry I was told the dealer will fix that under warranty?.......really?.......when its been written off?........rubbish i dont beleive that

[unclebulgaria67]

Did you actually see the advert before buying ?

 

If there is another car the dealer has which you are interested in, see if you can transfer the deposit.

 

If not, you might just have to learn to be more cautious the next time you look at buying a car.

[nick7602]

Hangs head in shame........yes I should have been more cautious and to expect a dealer to refund is I suppose very wishful thinking

[nick7602]

What was interesting I showed a picture of the car to a franchised dealer.......and he pointed out that the dealer has made the car look like a 15 model year car.......but........the reg is a 14 Model year?

 

Because as the franchised dealer pointed out that face lift never appeared on a 14 plate?.......could this be misrepresentation?

 

Also the HPI checked suggested high caution with this car indicating no V5 present?

[oddjobbob]

Hangs head in shame........yes I should have been more cautious and to expect a dealer to refund is I suppose very wishful thinking

 

It happens, sorry its happened to you - the dealers always mention it in kind of 'small print' don't they?

[oddjobbob]

what was interesting i showed a picture of the car to a franchised dealer.......and he pointed out that the dealer has made the car look like a 15 model year car.......but........the reg is a 14 model year?

 

Because as the franchised dealer pointed out that face lift never appeared on a 14 plate?.......could this be misrepresentation?

 

 

 

also the hpi checked suggested high caution with this car indicating no v5 present?

 

 

 

1. Did the ad say '2015 model' or was it just advertised as a 2014 car? If it says 2015 model then yes you could argue about it

 

 

2. it depends, is there a v5?

[nick7602]

I spoke with A Skoda Franchised Dealer today about my experiences with an independant dealer selling this cat D Write Off

 

part of the sales pitch from the independant dealer was that you could take this vehicle to any Skoda dealer and they would repair anything that was wrong with the car as it was basically a new car and still under warranty........really

 

When I told this to the Skoda Franchised Dealer he said absolutely no way would he touch a Cat D write off vehicle, let alone do warranty work to it

 

So my question is now where do I stand in getting my deposit back from these independant dealer.......

 

 

Thanks guys

[oddjobbob]

I'm pretty sure that cosmetic damage does not affect any factory backed warranty - if it's had a scrape / bump what difference does that make to say, the gearbox failing? None

 

 

I'm sorry to say that the ad said Cat D and you missed it.

 

 

Perhaps try to use your deposit against another car at the dealer's?

[unclebulgaria67]

Or you could ask the dealer for full information regarding the repairs and seek more advice. What work was done ? Who did the work ?

[nick7602]

To be honest a fraudulent misrepresentation has been made, I made my judgement based on the information stated to me by the dealer and this was a fraudulent statement, so I beleive that under the 1967 misrepresentation act I have grounds to get my deposit back and or also damages

 

I understand that i missed the cat D in the advert, and hands up to that.......but im not talking about that now......a statement was made to three people who were witnesses to the statement.....that the vehicle would be covered by Skodas Warranty which is untrue....Skoda will not cover any warrant claims.......and that statement from the dealer influenced my decision to place a deposit with the intention of making a purchase.......and it was a fraudulent claim.......I do not have to prove it the dealer does

[nick7602]

Here is what the manufacturer is saying: What Voids Your Entire Warranty?

 

Salvage title: If your car was in a severe accident and was given a salvage title or declared a total loss, your entire warranty is voided. Unknowingly buying a salvaged car isn't an issue with certified pre-owned vehicles, but keep this in mind if you are looking to purchase a late-model used car from a private party or independent used car lot. If you are unsure about a car's past, we suggest getting a vehicle history report.

[nick7602]

The retailer is saying now that the deposit is non refundable?......although the signed for documents by ourselves and the trader,mention nothing at all of the deposit being none refundable, it does mention in his advert that the deposit is none refundable.......so why does it not mention it in his signatured document/ receipt......are we still entitled to get our refund back?

 

OMG......I have the original advert from the motoring magazine where I saw this car and it mentions nothing about a none refundable deposit.......since complaining to the trader his new advert now states after the event that the deposit is none refundable......incredible

 

Thanks all for your help with this

[unclebulgaria67]

The retailer is saying now that the deposit is non refundable?......although the signed for documents by ourselves and the trader,mention nothing at all of the deposit being none refundable, it does mention in his advert that the deposit is none refundable.......so why does it not mention it in his signatured document/ receipt......are we still entitled to get our refund back?

 

Thanks all for your help with this

 

So send a letter before action giving 21 days to refund the deposit or you will issue a county court claim against the garage which will include your costs on top.

 

I think you have a case due to the documents you signed not stating that the deposit was non refundable.

[nick7602]

Many thanks Uncle Bulgaria

 

And hes changed the advert to suit his needs.......the original advert that I have a copy of mentions nothing of the non refundable deposit.......now the new one does?

 

 

Thanks for your help

 

Kind Regards

[Conniff]

You can only claim 'non refundable' if to do so would make you out of pocket, not by hiding information and then hoping to make a fast buck.

 

You have no choice now but to send that 'Letter Before Action', but don't bother if you're not prepared to go all the way.

[nick7602]

Not sure I follow Conniff who is hiding information and looking to make afast buck me of the retailer? The signed document I have from the retailer makes no mention of The deposit being non refundable

 

And unscrupulously he has changed his advert to suit the current situation..........because now the advert states non refundable deposit........but the original advert didnt state that it was non refundable

[Conniff]

The dealer of course.

 

You can't just have a blanket 'no deposit' clause. A deposit is usually requested because some goods are not so popular and not likely to be sold very quickly, so should you pull out of completing a deal and the seller could have sold it to someone else, a deposit goes some way to recompense him.

 

Even in the above circumstances, a deposit is not holdable unless they turned away another buyer.

 

This is obviously a Hammy type car seller and you must demand the return of your deposit especially as you have a fair reason to. Even if an advert said in massive bold print 'non returnable deposit', they still can't claim it unless certain criteria are met. It's called 'an unfair term in a contract'.

Edited August 14, 2015 by Conniff
correct typing error