Legal rights - car written off and not declared.
Discussion
Morning all, I've had a search through but have yet to find the actual legal statute/precident regarding where you would stand if you bought a car from a dealer that had previously been written off.
My understanding is that for a private sale, you need to ask, but a dealer needs to tell you outright. I just cannot find anything other than heresay and opinions as to what "should" be the case, as opposed to where you legaly stand.
Can someone please point me in the right direction.
Thanks chaps.
My understanding is that for a private sale, you need to ask, but a dealer needs to tell you outright. I just cannot find anything other than heresay and opinions as to what "should" be the case, as opposed to where you legaly stand.
Can someone please point me in the right direction.
Thanks chaps.
CarsOrBikes said:
If you are buying a written off car from a dealer they have to declare a category 'c' only, not a 'd'. Privately no requirement to disclose.
I'd love the see the source of this information there seems to be some debate about if not telling a consumer that a vehicle was an ex fleet vehicle is a misleading omission with the oft suggesting that it is, i can't imagine there is much debate over not disclosing a cat d status.
A cat c car has to have a vcar check before the dvla release the v5 to the new owner, a cat d car can go straight back, a cat c bike or cat d bike can go straight back as the v5's for some unknown reason are not held, a cat b bike is spare parts only and vin destruction certificate, I expect that is the intention with cat b cars too, and cat a has most likely been a fatality and the whole vehicle would be destroyed
The information is on the internet for anyone to explore regarding putting written off cars back on the road. Even the insurance companies will re-insure the c or d vehicles without question.
Plenty of people have write off classification damage caused but don't claim on insurance, so don't expect the law to protect you from undisclosed category d write off as they are usually trivial and often the insurance company choosing not to repair, they do not mean much other than a recorded payout and damage will vary. Usually though down to unknown further expenses after the initial estimate, low value cars, water damage, mechanical damage, light multi panel or component damage, often easy. C however can be more varied and technical body repairs, usually greater the 60% of the pav and on a bike 2 out of 3 major components ie fork frame swingarm, but now the engines are factored.
HPI everything, but some don't get recorded until quite a while time afterwards, this affects the trade as well as private, a bit like log book loans that s
aren't showing up.
I think if the garage says the vehicle has never had any repairs, they're pushing their luck. Many can be proved, as for the requirement to disclose, it's C only but go for it and research it for yourself. C is the one you need to worry about, or b of course especially given the above post that one has been put back on the road without question. Selling one on may pose a potential problem for the vendor.
Only my 2p
The information is on the internet for anyone to explore regarding putting written off cars back on the road. Even the insurance companies will re-insure the c or d vehicles without question.
Plenty of people have write off classification damage caused but don't claim on insurance, so don't expect the law to protect you from undisclosed category d write off as they are usually trivial and often the insurance company choosing not to repair, they do not mean much other than a recorded payout and damage will vary. Usually though down to unknown further expenses after the initial estimate, low value cars, water damage, mechanical damage, light multi panel or component damage, often easy. C however can be more varied and technical body repairs, usually greater the 60% of the pav and on a bike 2 out of 3 major components ie fork frame swingarm, but now the engines are factored.
HPI everything, but some don't get recorded until quite a while time afterwards, this affects the trade as well as private, a bit like log book loans that s
aren't showing up.
I think if the garage says the vehicle has never had any repairs, they're pushing their luck. Many can be proved, as for the requirement to disclose, it's C only but go for it and research it for yourself. C is the one you need to worry about, or b of course especially given the above post that one has been put back on the road without question. Selling one on may pose a potential problem for the vendor.
Only my 2p
CarsOrBikes said:
A cat c car has to have a vcar check before the dvla release the v5 to the new owner, a cat d car can go straight back, a cat c bike or cat d bike can go straight back as the v5's for some unknown reason are not held, a cat b bike is spare parts only and vin destruction certificate, I expect that is the intention with cat b cars too, and cat a has most likely been a fatality and the whole vehicle would be destroyed
The information is on the internet for anyone to explore regarding putting written off cars back on the road. Even the insurance companies will re-insure the c or d vehicles without question.
Plenty of people have write off classification damage caused but don't claim on insurance, so don't expect the law to protect you from undisclosed category d write off as they are usually trivial and often the insurance company choosing not to repair, they do not mean much other than a recorded payout and damage will vary. Usually though down to unknown further expenses after the initial estimate, low value cars, water damage, mechanical damage, light multi panel or component damage, often easy. C however can be more varied and technical body repairs, usually greater the 60% of the pav and on a bike 2 out of 3 major components ie fork frame swingarm, but now the engines are factored.
HPI everything, but some don't get recorded until quite a while time afterwards, this affects the trade as well as private, a bit like log book loans that s
aren't showing up.
I think if the garage says the vehicle has never had any repairs, they're pushing their luck. Many can be proved, as for the requirement to disclose, it's C only but go for it and research it for yourself. C is the one you need to worry about, or b of course especially given the above post that one has been put back on the road without question. Selling one on may pose a potential problem for the vendor.
Only my 2p
You seem to know quite a bit about this topic, but I can find no legal reference to only needing to declare cat c (or above) and not cat d.The information is on the internet for anyone to explore regarding putting written off cars back on the road. Even the insurance companies will re-insure the c or d vehicles without question.
Plenty of people have write off classification damage caused but don't claim on insurance, so don't expect the law to protect you from undisclosed category d write off as they are usually trivial and often the insurance company choosing not to repair, they do not mean much other than a recorded payout and damage will vary. Usually though down to unknown further expenses after the initial estimate, low value cars, water damage, mechanical damage, light multi panel or component damage, often easy. C however can be more varied and technical body repairs, usually greater the 60% of the pav and on a bike 2 out of 3 major components ie fork frame swingarm, but now the engines are factored.
HPI everything, but some don't get recorded until quite a while time afterwards, this affects the trade as well as private, a bit like log book loans that s
aren't showing up.
I think if the garage says the vehicle has never had any repairs, they're pushing their luck. Many can be proved, as for the requirement to disclose, it's C only but go for it and research it for yourself. C is the one you need to worry about, or b of course especially given the above post that one has been put back on the road without question. Selling one on may pose a potential problem for the vendor.
Only my 2p
It isn't my car, it is a guy at my work who bought a car a few months ago, I have HPI'd it for him and it is now showing as cat D, he didnt get one done as he thought buying from a trader they would do that for him. He is meeting with a solicitor this week about it but my experiance of solicitors specialising in a field and dealing with another is they aren't that good at it and just do some mediatory paperwork at £150 per hour. If we can give the solicitor the law then at least they know where to look to begin with.
having read that regulation (which I had thanked you for in a previous post) it states:
"These Regulations make it an offence to fail to give consumers the information they need to make an informed choice in relation to a product if this would cause, or be likely to cause, the average consumer to take a different transactional decision.
This includes a vehicle’s previous accident and/or insurance write off history."
And according to "Worcestor Regularory Services":
"If you are selling a car which has previously been a category C or category D write off, this should be made known to the consumer in a timely manner. It should be provided to assist the consumer in making an informed choice. Supplying information too late could constitute an omission."
see link here: http://www.worcsregservices.gov.uk/pdf/160.%20sell...
So again no mention that a Cat C needs to be declared but Cat D not.
There was no need to get arsey about it.
"These Regulations make it an offence to fail to give consumers the information they need to make an informed choice in relation to a product if this would cause, or be likely to cause, the average consumer to take a different transactional decision.
This includes a vehicle’s previous accident and/or insurance write off history."
And according to "Worcestor Regularory Services":
"If you are selling a car which has previously been a category C or category D write off, this should be made known to the consumer in a timely manner. It should be provided to assist the consumer in making an informed choice. Supplying information too late could constitute an omission."
see link here: http://www.worcsregservices.gov.uk/pdf/160.%20sell...
So again no mention that a Cat C needs to be declared but Cat D not.
There was no need to get arsey about it.
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