Been taken for a ride by car dealer

[48k]

Thats What She Said said:

MCOL to the dealer for the purchase price.

On what basis is the OP entitled to put in a claim for the full purchase price?

[Brads67]

I had the same last year with a beemer. I called the dealer 1 full year after purchase and he knew he didn`t have a leg to stand on. He bought the car back although i agreed to swallow a couple of hundred as I`d had it a year

Edited by Brads67 on Tuesday 11th December 10:36

[konark]

300bhp/ton said:

Thats What She Said said:

As others have said. If buying from a dealer, they are legally obliged to let you know if the car was previously a write off.

Ignore the clueless idiots saying sold as seen, buyer beware etc.

MCOL to the dealer for the purchase price.

What if the dealer didn’t know it was written off?

Dealer should and would know, wouldn't be in business long if he kept buying written=off cars.

[anonymous-user]

300bhp/ton said:

What if the dealer didn’t know it was written off?

Surely no different to John Lewis selling you a TV that they didn't know was broken.

[anonymous-user]

300bhp/ton said:

Thats What She Said said:

As others have said. If buying from a dealer, they are legally obliged to let you know if the car was previously a write off.

Ignore the clueless idiots saying sold as seen, buyer beware etc.

MCOL to the dealer for the purchase price.

What if the dealer didn’t know it was written off?

Then he failed in his legal obligation to his customers.

[edd344]

I'm pretty sure that, if its not a private sale, the dealer should of declared that the vehicle was an insurance write off. I'd look into small claims court

[swagmeister]

At best 'if' the dealer was happy to accept the car back from the OP it would be minus wear and tear and mileage compensation for the time the OP has had the car. SO hes going to suffer a loss here and be out of pocket anyway.
Obviously this route can only be followed if the OP still has the car to return to the dealer. If hes already sold it on the best he could hope for would be what he paid for the car LESS what he recouped from selling it on and then that comes down to proof and in the end a big stand off.

You cant buy a car for £2k , sell it on for £1k then ask the dealer for your money back in full, or even your money back less time you had the car. In that case you are £1k to the good and we would all be doing it for a quick buck.

My advice is move on - take the hit and draw a line under it.

[300bhp/ton]

konark said:

Dealer should and would know, wouldn't be in business long if he kept buying written=off cars.

I’m not defending this. Just asking. And many small traders will buy at auction or attain vehicles through someone who knows someone. And they may not have a subscription to Hpi.

So they are hugely unlikely to know the history of all the cars they buy in. Especially in the sub £2000 bracket.

I’m not sure what the law is or if it has changed. But unless a trader is leagally obliged to perform a history check, I don’t see how they will know. And they can’t people about what they don’t know.

[300bhp/ton]

ThatGuyWhoDoesStuff said:

Surely no different to John Lewis selling you a TV that they didn't know was broken.

I don’t think it’s even remotely similar. John Lewis are not selling second hand used items for starters.

And besides being an insurance write off does not mean a car is broken.

[edd344]

300bhp/ton said:

And they may not have a subscription to Hpi.

A HPI check costs about £15, if youre a serious car tradesman that cares about reputation and custom, you'd pay that when bidding for or buying a car surely

[Mike335i]

300bhp/ton said:

ThatGuyWhoDoesStuff said:

Surely no different to John Lewis selling you a TV that they didn't know was broken.

I don’t think it’s even remotely similar. John Lewis are not selling second hand used items for starters.

And besides being an insurance write off does not mean a car is broken.

That and the fact that there is no registration of broken TVs that is readily accessible to all before they purchase or sell them.

Hope you get it sorted, I bought my car from a very dodgy place in Bristol that sells 'prestige cars', I ended up taking it on the chin and fixing the car, so I feel your pain.

[MYOB]

Claires828 said:

MYOB said:

Claires828 said:

Thank you . Currently composing a letter to go recorded delivery to these crooks .

Do you have the original advert for the car? You will need evidence that they did not declare the Cat N in their advert.

There was no advert . It had just come in . I was there looking at another car. I have the bill of sale though ...

And is there a full description of the car in the receipt?

[Deep Thought]

edd344 said:

300bhp/ton said:

And they may not have a subscription to Hpi.

A HPI check costs about £15, if youre a serious car tradesman that cares about reputation and custom, you'd pay that when bidding for or buying a car surely

An HPI subscription for a dealer usually works out at a few pounds tops. Either way, the dealer should be performing their due diligence. They couldnt argue they couldnt "afford" the check for example.

[Brads67]

Dealer is legally obligated to disclose. You should be asking for a refund.
Like I said, I had mine a year and he new he still had to buy it back, he had no choice.

[3.8 MOD]

Brads67 said:

Dealer is legally obligated to disclose. You should be asking for a refund.
Like I said, I had mine a year and he new he still had to buy it back, he had no choice.

Should've had your special K this morning!

[anonymous-user]

300bhp/ton said:

I don’t think it’s even remotely similar. John Lewis are not selling second hand used items for starters.

And besides being an insurance write off does not mean a car is broken.

You've missed my point. You don't shirk your legal responsibilities because you're ignorant of them.

[aka_kerrly]

OP: the car being a CAT N is NOT a disaster when it has been repaired & subsequently passed MOTs, especially so on a £2000 car which is in otherwise good condition.

If it was written off fairly recently it might only have been very minor damage but if it cost more than a few hundred pounds ( based on a quote requiring new parts) it would be uneconomical from an insurers point of view but still perfectly reasonable for someone to buy & repair to a good standard & some repairs can end up better finished than the factory!!

If you're selling it privately then the best approach is clearly state it in the advert. When looking for values consider other similar age/condition/specification cars, that aren't written off as well as CAT S & N cars then don't under price it and sell yourself short.

When selling a car you need to be confident in your asking price an don't let someone try an mug you off low balling you because it's CAT N especially if they can't find any evidence of HOW IT WAS REPAIRED!!!

[elanfan]

OP write to dealer by recorded delivery. Point out their obligations under Consumer Law, state their ignorance or otherwise makes no difference. Say you’ve had legal advice and will sue if they don’t offer a suitable refund or to buy back the car at an acceptable price. Also say you are keeping Trading Standards informed. If you get no response issue a Letter before Action giving 10 days to respond. Then issue a MCOL against them. Gather your evidence, go to court get an award against them. Escalate to the High court and send in the bailiffs to get your money.

Job done!

[Brads67]

3.8 MOD said:

Should've had your special K this morning!

Why is that then ? elaborate ?

[Claires828]

Ok so Update - best ofdwr so far on car is £350. Thats a loss of 1650 ... not sure gow many people would be able to swallow that kind of loss. No one wants a cat N car . So ... after trying to get hold of the dealer ... they have liquidated .... literally in the last few days . Because they were a Ltd company there is no recourse for me at all.

So I have been well and truly screwed really by this bunch of cowboys . What a fabulous early Christmas present ..