Bought a car last year, now found out it was a Cat D write off **Satisfied**

[underlife]

Hi,

 

We bought a 2003 Fiesta in November 2014 (last year) from a car dealer in Warrington for £1500. We didn't do any checks as we felt that it was unnecessary from a dealer (We now know this to have been a mistake and should have done checks), however we did ask if there was anything historical about the car that we should know about, they said there wasn't.

 

Fast forward to today, we've come to trade in this car as a part exchange and they've informed us that it was a Category D write off, and would only offer £150 for it. We've now run a check on it ourselves and this is true.

 

Do we have any recourse against the dealer in Warrington? Since we'd asked about it's history, and they didn't tell us this information, have they mislead us?

 

What course of action should/can we take? There seems to be conflicting reports from similar situations around the internet ranging from them being told to take them to court, to them not having any rights at all.

 

If we would have known that it was a write off, we'd have never bought the car. Over the Course of the last 12 months we've spent over £1000 on repairs for the car (yes - fully admit that it was a bad purchase, all things considered), are we able to claim any of that back as well as the price paid for the car, given we wouldn't have bought the car if we knew the full story?

 

Just a little bit confused on what our options (if any) are?

 

Thanks in advance to anyone that can advise.

[renegadeimp]

Cat D just means its easily repairable but the insurers chose not to do it for whatever reason. Also, its up to YOU to do the necessary checks. If you ask about the status and he denies it, then you have recompense. Some dealers wont do a history check if its a cheap part exchange car.

 

regarding the repairs youve done, what repairs are they, because shouldn't they be covered under the dealers warranty, as the car should be sold in a proper roadworthy condition unless otherwise stated?

[underlife]

If you ask about the status and he denies it, then you have recompense.

 

So, given that we did ask about the cars history - we would have a case?

 

But what would we have a case for?

 

Logically I'd think we'd have a case to get the current value of the car if it wasn't a category D (unsure how we'd work this out though - checking similar cars?), plus what we've spent on it to keep it going?

 

I plan to call them tomorrow to see if anything can be agreed informally, I plan on suggesting they just refund the original purchase price, they take the car back and we leave it there - does that seem reasonable?

[martin2006]

seems reasonable but you should be prepared to accept that you have had the use of the car for 12 months or so so i doubt you would get a full refund, its a good place to start tho

[renegadeimp]

You'd have to show he didn't know the history. Very few dealers check and there's no regulation against it. All they have to do is make sure it's roadworthy

[underlife]

You'd have to show he didn't know the history. Very few dealers check and there's no regulation against it. All they have to do is make sure it's roadworthy

 

This is where I've seen conflicting advice. Some say that the dealer is liable regardless of if they knew or not, others say the same as you.

[Conniff]

A lot of dealers who value customer service will do a history check on any vehicles they sell, the good ones will do this check before they make a part exchange offer so they can quote a fair price.

A history check is not compulsory, however, reasonable attempts to check the mileage are.

 

Twelve months is a long time and they probably will not even remember you let alone what was said at the time of sale and you can expect them to deny any liability if you challenge them.

 

You would not be entitled to a full refund, as mentioned, you have had 12 months use from the car. Repairs you did unless as a direct result of accident damage can also be discounted.

 

I don't think you have any case and would be wise to sell your car privately.

 

What sort of part exchange price were you hoping for ??

[underlife]

Well I took the car back to the garage, long story short, he bought the car back for £750 and I got the impression that it happened a lot, he was also saying that he was going to wind the company up tomorrow because of things like this, I suspect he was saying that to put pressure on to get me to accept the offer, though he probably didn't realise that while I asked for £1000, I'd have accepted anything £500+ (and was only expecting something in that region)!

 

Fully appreciate that if I'd have been prepared to fight, could have got more, but also could have got considerably less, so £750 in our pockets and one wreck of a car off our hands, can't really argue with.

 

A small victory, but I count it as a victory nonetheless .

[Conniff]

Nice one. Not many have the guts to go back but it can pay off. Was payment in cash or cheque ??

[underlife]

Cash, Not a chance I was going to accept a cheque on the basis that he told me he was winding up the company the next day! Cheques can get a bit rubbery when you are dealing with cowboys! (He did want to pay by cheque originally)

[Conniff]

That's great. I'll mark the thread satisfied.

 

Good luck and don't forget we are here for other problems.

[martin2006]

Wow!! what a result.

 

look at it as youve hired a car for a year for £250