Part exchanged but dealer has told us our car was Cat N?
Part exchanged but dealer has told us our car was Cat N?
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Discussion

Salsasuzie

Original Poster:

5 posts

72 months

Wednesday 30th September 2020
quotequote all
Hi, I'm new here so be gentle smile
I've just purchased a second hand car, I part exchanged my old vehicle and paid the rest out right.
Paperwork all signed and I drove away.
An hour later the garage called me to say my old car was cat N unbeknownst to me.
They are basically asking for either the new vehicle back or for me to pay the difference (which is a few grand)
I sent them lots of pictures of my old vehicle yesterday, the reg, V5 photos etc. They obviously did some checks on the old vehicle yesterday as he discussed the mileage I had done since the last MOT. And they inspected the old vehicle today whilst I test drove the new one.
Their website clearly states that they perform hpi checks and insurance checks on any vehicle before they purchase them. We drove 2.5 hours for the new car (and we wouldn't have done a deal if we knew the issue with ours).
We have the signed contracts, and we have paid to have our private plate removed and changed insurance over.....etc. Basically we've paid an additional £200 to swap to the new car and we have driven it home.
I feel utterly gutted (one at finding out the old car was cat N and the other at the thought of handing the new one back) and not sure what to do.
Any advice welcome.

2 sMoKiN bArReLs

31,984 posts

264 months

Wednesday 30th September 2020
quotequote all
If you've driven away & the deal is done (and if the car was as they say and you were unaware) then that's too bad I'd say.

2 sMoKiN bArReLs

31,984 posts

264 months

Wednesday 30th September 2020
quotequote all
Where did you buy the old car from, did they give you an HPI report?

ScoobyChris

2,307 posts

231 months

Wednesday 30th September 2020
quotequote all
Is your old car definitely Cat N? Whenever I've part-ex'd cars, or discussed part-ex the valuation has always included them HPI'ing it and showing the output. If you haven't mis-represented it, then I am not sure they have a case to get more money from you...

Chris


2 sMoKiN bArReLs

31,984 posts

264 months

Wednesday 30th September 2020
quotequote all
I'll bet somebody on here could do an HPI check on your old car to make sure nobody is yanking your chain.

M12MTR

252 posts

106 months

Wednesday 30th September 2020
quotequote all
Deal is done. Dealer's lookout for not checking before all signed and delivered.
Tell them this. Their loss.
(Unless on the pre-docs were you asked if your part ex was 'recorded' and you declared "no"?)

Salsasuzie

Original Poster:

5 posts

72 months

Wednesday 30th September 2020
quotequote all
M12MTR said:
Deal is done. Dealer's lookout for not checking before all signed and delivered.
Tell them this. Their loss.
(Unless on the pre-docs were you asked if your part ex was 'recorded' and you declared "no"?)
No pre-paperwork, just a lots of messages on what's app. He told me my mileage from the past 12 months and when my MOT was due. They confirmed on what's app the value they were prepared to give and they were happy with the old vehicle.


Salsasuzie

Original Poster:

5 posts

72 months

Wednesday 30th September 2020
quotequote all
2 sMoKiN bArReLs said:
Where did you buy the old car from, did they give you an HPI report?
No HPI from my purchase, it was a private sale.
I'm an idiot and took it at face value

2 sMoKiN bArReLs

31,984 posts

264 months

Wednesday 30th September 2020
quotequote all
I didn't really know what Cat N is.

It's not all that serious & doesn't get noted on V5.

Cat N classification encompasses all non-structural damage, such as lights, infotainment and heated seats. As with Cat S cars, Cat N vehicles can be put back on the road,

scoey1001

921 posts

110 months

Wednesday 30th September 2020
quotequote all
As above its down to them to check before they do the deal. Question is do they seem the type that could give you aggro?

samoht

7,196 posts

175 months

Wednesday 30th September 2020
quotequote all
Ok, I'd be inclined to decline to amend the deal, on the grounds that
(a) you are unaware of any write-off of your old car (b) you have represented the old car truthfully to the best of your knowledge in your communication with them (c) the dealer has had every opportunity to satisfy themselves that the car they agreed to take in part-exchange was worth the money they offered for it, before they signed the contract.


If you really want to 'do the right thing' by the dealership, however, I would suggest first, establish the details of the supposed write-off, when it happened etc. Second, independently establish what the gap is between the unwritten-off value and the market value now as a Cat N. Third, offer to repay the dealer half of this gap, on the basis that neither party to the transaction was aware of this, both should have done an HPI check, and therefore the loss should be shared equally between both sides.
However the above is only if you feel you want to seek a compromise, from what you've said I think you are within your rights to decline to amend the contract already agreed and executed.

scoey1001

921 posts

110 months

Wednesday 30th September 2020
quotequote all
2 sMoKiN bArReLs said:
I didn't really know what Cat N is.

It's not all that serious & doesn't get noted on V5.

Cat N classification encompasses all non-structural damage, such as lights, infotainment and heated seats. As with Cat S cars, Cat N vehicles can be put back on the road,
Yes but still worth at least 25% less than a non cat car. OP what was the part ex price and out of interest and how much exactly are they asking for? But as my post above id be telling them where to go unless they seem menacing lol in which case I'd be having second thoughts.

Actus Reus

4,312 posts

184 months

Wednesday 30th September 2020
quotequote all
Didn't we have exactly this the other week from an OP who mysteriously went quiet and wouldn't give us the details, and then vanished?

In summary it depends what you said before selling the car. If you made no representation as to it not being a Cat car, then it's likely to be tough luck to them.

Trevor555

5,394 posts

113 months

Wednesday 30th September 2020
quotequote all
Another dealer not doing their job properly.

I bet they Hpi all cars before they buy them from now on.

Op, I guess you'll just have to wait and see if they go the court route to recover their losses.

Was your PX declared a write off whilst in your ownership?



Salsasuzie

Original Poster:

5 posts

72 months

Wednesday 30th September 2020
quotequote all
Hi All,

Many thanks for your replies and help. smile

Car is in very very good condition and no evidence of damage or different colour paintwork hence why I took it at face value frown

The dealer gave me 5k and has now offered to try and settle the deal by pricing my car at 2.5k so he wants another 2.5k from me.

I don't believe that even with a cat N on it it's only worth 2.5k?

ChocolateFrog

34,954 posts

202 months

Wednesday 30th September 2020
quotequote all
I'd be inclined to block their number and get on with your life.

Sounds like a valuable business lesson for them.

HTP99

25,099 posts

169 months

Wednesday 30th September 2020
quotequote all
Dealers problem as far as I'm concerned, they should have checked the status of your car prior to you paying and driving off.

NGRhodes

1,291 posts

101 months

Wednesday 30th September 2020
quotequote all
Salsasuzie said:
2 sMoKiN bArReLs said:
Where did you buy the old car from, did they give you an HPI report?
No HPI from my purchase, it was a private sale.
I'm an idiot and took it at face value
This works in your favour.
They can't even claim you deliberately withheld this information as you never had it.

Salsasuzie

Original Poster:

5 posts

72 months

Wednesday 30th September 2020
quotequote all
Trevor555 said:
Another dealer not doing their job properly.

I bet they Hpi all cars before they buy them from now on.

Op, I guess you'll just have to wait and see if they go the court route to recover their losses.

Was your PX declared a write off whilst in your ownership?
Technically no, I guess as we had done all the paperwork and I had driven away (about an hour away.. trying to find a bloody charging point ... now finding the downside to electric cars!)


anonymous-user

83 months

Wednesday 30th September 2020
quotequote all
Keep all your WhatsApp and any other communications just in case.