HELP - was sold a cat A/B car

[Direar]

hi all

before you say yes im an idiot I should've done a HPI check.

I bought this was 2 weeks ago, the ad had hpi clear on it.

the seller seemed genuine and we agreed I buy the car, I received a V952 from the dvla stating the car should be crushed and is not roadworthy(the car is great).

he hasn't really replied to me since other than blaming the cars been cloned, the dvla cant change this on the car and have said the insurance company need to do this, but I don't know who wrote the car off.

ive sent a letter of intent to him and will go through small claims if I have to as ive read it was illegal for him to sell it.

any help or advice anyone can give?

[Dr Interceptor]

Do you have a copy of the advert which states in black and white HPI clear?

[Alextodrive]

Does he have a HPI clear certificate from when he sold the car or from immediately beforehand?

If he doesn’t, he has no defence, he’s deliberately missold the car. He cannot simply assume it’s HPI. And I’d suggest you get legal advice and start court proceedings as soon as possible if it seems like he won’t be taking the car back.

If he has a HPI clear certificate, it might be more complex and this whole cloning thing needs looking into. But I doubt it.

Sorry to hear this has happened.

[Direar]

yep

[TvrJohn]

if you suspect the number plate has been cloned, use the VIN number in the corner of the windscreen to check

[Direar]

TvrJohn said:

if you suspect the number plate has been cloned, use the VIN number in the corner of the windscreen to check

the vin matches the hpi report I took out after I bought the car.

[Direar]

Alextodrive said:

Does he have a HPI clear certificate from when he sold the car or from immediately beforehand?

If he doesn’t, he has no defence, he’s deliberately missold the car. He cannot simply assume it’s HPI. And I’d suggest you get legal advice and start court proceedings as soon as possible if it seems like he won’t be taking the car back.

If he has a HPI clear certificate, it might be more complex and this whole cloning thing needs looking into. But I doubt it.

Sorry to hear this has happened.

nope no hpi report when he sold the car, I was such an idiot.

[Defcon5]

What car is it?

Is it nicked and has been given the identity of a scrapper?

[Direar]

Defcon5 said:

What car is it?

Is it nicked and has been given the identity of a scrapper?

2007 bmw 330d...ive no idea, the dvla cant do anything as its all on the insurer....the insurer wont help me because we didn't own the car when it was written off, im guessing court is the only option?.

[Yadizzle1]

Direar said:

2007 bmw 330d...ive no idea, the dvla cant do anything as its all on the insurer....the insurer wont help me because we didn't own the car when it was written off, im guessing court is the only option?.

If you bought used from a private seller you can take the seller to court as the car was misdescribed when sold to you. The buyer doesn't get many rights when buying a used car but you are covered if the car is misdescribed. In your circumstance the seller has said the car is HPI clear, if he doesn't have a certificate to back it up and you've been asked to crush it, clearly it's not HPI clear and thus sold to you through misdescription.

"The car must match the seller’s description, be roadworthy and the seller must have the legal right to sell it to you." - Money Advice Service

[Olas]

Caveat Emptor.

Neither ignorance nor laziness are acceptable excuses.

[Direar]

Yadizzle1 said:

If you bought used from a private seller you can take the seller to court as the car was misdescribed when sold to you. The buyer doesn't get many rights when buying a used car but you are covered if the car is misdescribed. In your circumstance the seller has said the car is HPI clear, if he doesn't have a certificate to back it up and you've been asked to crush it, clearly it's not HPI clear and thus sold to you through misdescription.

"The car must match the seller’s description, be roadworthy and the seller must have the legal right to sell it to you." - Money Advice Service

thankyou...im guessing its gonna take some time with this car stuck on my drive then....aslong as I get my money back.

[CoreyDog]

Olas said:

Caveat Emptor.

Neither ignorance nor laziness are acceptable excuses.

Not if the seller has said the car is HPI clear....

[strain]

Cat A/B can only be sold to licensed breakers, it should have some sort of trail on who bought the salvage and where it went afterwards.

IIRC a Cat A car cant even have parts removed, cat B can have parts removed and the shell scrapped.

IMO you shouldn't be driving the car. Park it up and get the bus, you dont know how badly it was damaged and your safety should be first.

Hope you get it sorted

[Mr E]

Olas said:

Caveat Emptor.

Neither ignorance nor laziness are acceptable excuses.

Not if the seller has misrepresented.

[Direar]

strain said:

Cat A/B can only be sold to licensed breakers, it should have some sort of trail on who bought the salvage and where it went afterwards.

IIRC a Cat A car cant even have parts removed, cat B can have parts removed and the shell scrapped.

IMO you shouldn't be driving the car. Park it up and get the bus, you dont know how badly it was damaged and your safety should be first.

Hope you get it sorted

yeh itll be sitting on my drive....drove it from Bristol to cornwall...illegally.

thankyou.

[Butter Face]

Is it CAT A or B then?

Send me the reg if you want, I’ll have a look over the HPI.

As an aside, where in Cornwall are you?

[coldel]

Just out of interest, when you bought the car, did you attend the sellers house? Or did you meet them away from their house and purchase it? Was it genuinely a private sale?

But as others have said, CRA2015 states that to legally sell a car privately the seller must ensure the description matches the car and that the car is roadworthy. I just wonder, is it worth getting a mechanically minded friend over to have a look at the car, if they turn up something which shows the car is unroadworthy it would add to your evidence for the case (although proving it was unroadworthy at point of purchase might be a challenge I am not sure).

So don't drive it, keep all your conversations i.e. texts/emails/times of phone conversations. Keep a copy of that car advert. And start proceedings.

[Direar]

coldel said:

Just out of interest, when you bought the car, did you attend the sellers house? Or did you meet them away from their house and purchase it? Was it genuinely a private sale?

But as others have said, CRA2015 states that to legally sell a car privately the seller must ensure the description matches the car and that the car is roadworthy. I just wonder, is it worth getting a mechanically minded friend over to have a look at the car, if they turn up something which shows the car is unroadworthy it would add to your evidence for the case (although proving it was unroadworthy at point of purchase might be a challenge I am not sure).

So don't drive it, keep all your conversations i.e. texts/emails/times of phone conversations. Keep a copy of that car advert. And start proceedings.

yep at his house, yes ive kept everything so far, I had a mechanically minded friend with me, the car drives and goes great, its a shame it will be scrapped sadly.

[SmoothCriminal]

Why do people HPI cars after they have already bought it.