Auction sold me a cat c car without a vic test am i screwed

Auction sold me a cat c car without a vic test am i screwed

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Mr serge

Original Poster:

197 posts

183 months

Monday 6th August 2012
quotequote all
Hi Guys, i went with my mate to a local car auction last week and we bought an 05 focus that was sold a seen and an insurance total loss cat c, fully repaired, with a brand new MOT.

my mate took it there and then and went to get it taxed the next day but when he tried he was told thay dvla would not issue a V5 until it had a VIC test and that it would take 6-8 weeks to have this test done, he now cannot drive the car on the road until this is carried out, i feel bad that i took my mate to the auction in the 1st place and as they have told him they sold it in good faith and it was sold as seen they have no obligation to him.

is this right? is this legal?

McHaggis

50,644 posts

156 months

Monday 6th August 2012
quotequote all
Similar thread running here:

http://www.pistonheads.co.uk/gassing/topic.asp?h=0...

Some of those may help.

Did you buy as a trader or private buyer?
If trader, then forget it, auctions are not covered by consumer regulation.
If private, how was the vehicle described?

Mr serge

Original Poster:

197 posts

183 months

Monday 6th August 2012
quotequote all
Mchaggis he was a private buyer and it was described as an I.T.l whichi later learned means insurance total loss

McHaggis

50,644 posts

156 months

Monday 6th August 2012
quotequote all
Was it declared prior to bidding (or in the paperwork provided) that it was an Insurance Total Loss?

DocJock

8,360 posts

241 months

Monday 6th August 2012
quotequote all
Not illegal to sell a car with a VIC marker, as my daughter recently discovered.

You can apply for a VIC online. http://www.direct.gov.uk/en/Motoring/BuyingAndSell...

Tick the box to say you'll take soonest available and you'll probably get one within a week.

Mr serge

Original Poster:

197 posts

183 months

Monday 6th August 2012
quotequote all
it just said ITL on it which apparently means insurance total loss,

Edited by Mr serge on Monday 6th August 17:17

Oldandslow

2,405 posts

207 months

Monday 6th August 2012
quotequote all
Just out of curiosity. It seems odd to me you can get an MOT for a car that's not legal to put on the road.

McHaggis

50,644 posts

156 months

Monday 6th August 2012
quotequote all
I'm not sure of the legalities, but it's an auction where the requirements are far more "buyer beware".

If it was declared prior to bidding (and you didn't know the meaning and therefore the potential risk), then I think it would be legal.

Not sure I would ever advise buying a CAT X car from auction that has been repaired and rely on driving it straight away, even with an MOT.

What do their terms say on their web site? You can link to them as you aren't naming and shaming or criticising, you are asking for advice.


Mr serge

Original Poster:

197 posts

183 months

Monday 6th August 2012
quotequote all
the auction say they can sell a car without a vic and they told me that it was a cat c etc but they do not have T7C on their website, just that they are a member of SMA

http://www.dingwallauctions.co.uk/sma.htm

Mr serge

Original Poster:

197 posts

183 months

Monday 6th August 2012
quotequote all
Oldandslow said:
Just out of curiosity. It seems odd to me you can get an MOT for a car that's not legal to put on the road.
i also found this weird

GC8

19,910 posts

191 months

Monday 6th August 2012
quotequote all
Mr serge said:
Mchaggis he was a private buyer and it was described as an I.T.l whichi later learned means insurance total loss
If it was declared then Im afraid that the indemnity wont help you.

He needs to bite the bullet and try all of the testing centres to which he could reasonably travel. You can travel the length of the country for a VIC, as you can for an MOT, so the only factors are time and cost, if he finds another location with a shorter list.

CAPP0

19,613 posts

204 months

Monday 6th August 2012
quotequote all
Mr serge said:
i also found this weird
I *think*, (and I stand to be corrected on this) that you can't get a VIC without an MOT first. That may be a convolution of being able to drive to an MOT station sans ticket, but you can't drive to a VIC station without an MOT. But maybe not. And maybe you can trailer a car to the VIC station without an MOT? So maybe I'm talking out of my @ss.

Sounds like the auction house didnt do anything wrong. And provided the car is not dodgy, you can get the VIC. Remember that it's an Identity Check, not a mechanical/safety inspection.

MoBeanz

135 posts

171 months

Monday 6th August 2012
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I have bought a few Cat C's without VICs... It's no big deal. It's like booking it in for an MOT.


hardcorehobbit

1,103 posts

196 months

Monday 6th August 2012
quotequote all
I drove a Cat C car without it having had a VIC for several months until we could get it sorted out.

It had an MOT and some tax and everything was fine.

Then when I could sort it, I got an appointment and had it identity checked, which essentially means they check all the places the VIN should be to make sure it's the same car.