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Trade seller didn't disclose Cat S car


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Hoping someone can help.

 

I recently bought a car from a trade seller for my daughter after seeing an advert on FB.

I went and viewed the vehicle, and I asked the seller some specific questions, one of which was "has the car ever been written off?" (I have a witness who was with me when the questions were asked). The seller said it hadn't and I also got a friend who is a car dealer to do a full HPI check, which came back clean.

 

The seller said that he hadn't received the log book (V5) back from DVLA and that we would have to apply for it. Nothing untoward with that.

 

I purchased the car and it's now registered in my daughter's name. However, when the log book came back from DVLA it had the dreaded this car has been salvaged having sustained structural damage and repaired, ie it's a Cat C or Cat S meaning that its value is greatly reduced. We paid £2900 for the car and it's worth around £2000.

 

I have written to the seller and asked to cancel the contract under the misrepresentation act 1967 as I believe I had been deliberately misled when the seller stated it wasn't written off. I have given the seller 14 days to respond. The seller is leaning on the fact that when he sold be the car it was HPI clear.

 

I have said I will take it to court.

 

It seems there's a loophole whereby once the car is declared a write-off the insurers keep the log book but the HPI data isn't updated until the new owner applies for the log book from DVLA. I strongly suspect that he knows that the HPI doesn't get updated and therefore he can sell the car 'clean'.

 

My question is am I taking him to court using the correct legislation? ie (Misrepresentation Act 1967. I am wondering whether I should be using Consumer Protection regulations against mis-selling but I'm not sure.

 

Any advice is appreciated.

 

Nick

I have had personal dealings in the areas I comment on, however, I am not a lawyer. Any advice I give is without prejudice and is merely my opinion based on the information I have gleaned from my experiences, understanding and interpretation of the law. You should always seek the advice of a qualified legal professional.

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when did yo buy it?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Bought on 21 August and started cancellation dialogue after receiving the log book on Tuesday 18 Sep 2018 from DVLA. Interestingly, I have just received a bizarre letter from DVLA asking if we still own the vehicle as they have received an application for the vehicle. It's all getting a bit strange.

I have had personal dealings in the areas I comment on, however, I am not a lawyer. Any advice I give is without prejudice and is merely my opinion based on the information I have gleaned from my experiences, understanding and interpretation of the law. You should always seek the advice of a qualified legal professional.

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looks like you MIGHT have a reason under not fit for purpose [30days] under CRA regulations short term right to reject

 

not sure TBH.

 

is it not fit for purpose though??

 

if its been repaired and passed MOT then unless you can find something major wrong, all this boils down to is you got charged too much in your eyes ….not its unfit.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks,

 

I would say that it's fit for purpose but I'm having it checked by a garage that I trust. It's my daughter that will be driving the car after all.

 

I know that I've had incorrect information, whether deliberately or not. I just wanted to make sure that I wasn't barking up the wrong tree. Last thing I'd want to do is get to court and the wrong legislation is being used. I'm hopeful that when I issue court proceedings he'll come to an agreement with me but I need to be prepared to go the distance, which I am.

 

Kind regards

 

Nick

I have had personal dealings in the areas I comment on, however, I am not a lawyer. Any advice I give is without prejudice and is merely my opinion based on the information I have gleaned from my experiences, understanding and interpretation of the law. You should always seek the advice of a qualified legal professional.

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The car has been misrepresented and you have been deceived. The car has to be “as described”. Your specific requirements was that it mustn’t be a write off. Therefore you are due a full refund, plus car tax refund and expenses. Traders who don’t declare write offs are Scumbags. Don’t use the vehicle, demand a full refund plus tax and expenses. If not take him straight to court.

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