Just found out I've bought a cat d, oh dear...
Just found out I've bought a cat d, oh dear...
Author
Discussion

GingerGogs

Original Poster:

24 posts

244 months

Saturday 28th May 2011
quotequote all
Hi, please excuse my lack of posts, but in a time of need, I figured this was a good place to come.

The story: my grandparents' car was due for replacement, and today we bought an 06 Skoda Fabia.
The car was for sale privately, with two owners from new (confirmed by v5)
We came to a deal, at a reasonable price, and paid by cheque. As we own a small business, and are decent people, she agreed to let us take the car away, before the cheque clears, anticipating no problems.

However, on returning home, and carrying out an hpi (yes, too late I hear you say!), I find that the car is a cat d write off, due to accident damage. The car doesn't appear to have any marks, although on closer inspection there is still broken rear lens plastic under the rear seats.

My main question is, what would you do in the situation? Not sure how we stand legally, but we're very tempted to cancel the cheque and then tell the seller that we are going to return the car to her, although I'd imagine this is probably not a very gentlemanly action?

Thanks in advance, (not for the told you so's please, I already appreciate that!)

JackDaniels

410 posts

235 months

Saturday 28th May 2011
quotequote all
Sod gentlemanly, cancel payment and return the vehicle saying "thanks but no thanks" and walk away.

marshalla

15,902 posts

231 months

Saturday 28th May 2011
quotequote all
Private sale = caveat emptor = HPI BEFORE handing over any payment.

sinizter

3,348 posts

216 months

Saturday 28th May 2011
quotequote all
Cancel the cheque and return the car?

Although, if you had paid by cash you might not have a leg to stand on ...

Was the question actually asked, as to whether the car was accident damaged/repaired? I think, if the question was asked, and the seller lied, you may be able to return it, otherwise it is buyer beware.

Speed_Demon

2,662 posts

218 months

Saturday 28th May 2011
quotequote all
JackDaniels said:
Sod gentlemanly, cancel payment and return the vehicle saying "thanks but no thanks" and walk away.
Would do this. Ring them, tell them. Deliver car to premises, keys through door. Job done.

iva cosworth

44,044 posts

193 months

Saturday 28th May 2011
quotequote all
Cat D does not mean it was totally mangled ,so live with it .

If its your grandparents car then presumably they will keep it for a reasonable time

and cat d wont matter so much when selling a 10,15 year old car

GingerGogs

Original Poster:

24 posts

244 months

Saturday 28th May 2011
quotequote all
Not sure that the question was actually asked if it had been involved in an accident, however she clearly said she bought the car from a lady privately, the only previous owner. If the car was cat d, I'm not sure that this would have been correct; would the first owner have still had the car after the cat d repair?
And yes, the option of cancelling the cheque, and dumping the car back at her driveway seems very appealing.
Thanks for replies so far!



STW2010

5,918 posts

192 months

Saturday 28th May 2011
quotequote all
JackDaniels said:
Sod gentlemanly, cancel payment and return the vehicle saying "thanks but no thanks" and walk away.
This. But remove the politeness.

Night Runner

12,423 posts

224 months

Saturday 28th May 2011
quotequote all
JackDaniels said:
Sod gentlemanly, cancel payment and return the vehicle saying "thanks but no thanks" and walk away.
Exactly. After siphoning any excess petrol out of the tank.

GingerGogs

Original Poster:

24 posts

244 months

Saturday 28th May 2011
quotequote all
iva cosworth said:
Cat D does not mean it was totally mangled ,so live with it .

If its your grandparents car then presumably they will keep it for a reasonable time

and cat d wont matter so much when selling a 10,15 year old car
Yes, it does seem ok, and u are correct, unfortunately it would probably be their last car, but tbh, I think it might make things simpler just to return if possible.

marshalla

15,902 posts

231 months

Saturday 28th May 2011
quotequote all
GingerGogs said:
If the car was cat d, I'm not sure that this would have been correct; would the first owner have still had the car after the cat d repair?
Entirely possible - Cat D. means the insurer has refused to repair. The insured party can buy it back and have it repaired at their own cost.

boobles

15,251 posts

245 months

Saturday 28th May 2011
quotequote all
Anyway of finding out what the damage actually was?

It could have been minor & nothing to worry about. You say you got it for a reasonable price, perhaps this is why.

Fox-

13,575 posts

276 months

Saturday 28th May 2011
quotequote all
It is a private sale - there is no requirement for the seller to declare it is a Category D car just as there is no requirement for them to say they once backed into a post and had a bumper repaired out of insurance, or they once got a puncture, or anything else that happened to it.

Provided she didnt lie to you when you asked if it had been invovled in an accident I think its fair to say this is all on you - you bought the car, you were happy with it. If you didn't ask the right questions then frankly its a bit too late for that now.

GingerGogs

Original Poster:

24 posts

244 months

Saturday 28th May 2011
quotequote all
Night Runner said:
Exactly. After siphoning any excess petrol out of the tank.
Nice touch! In lieu of inconvenience caused wink

66comanche

2,369 posts

189 months

Saturday 28th May 2011
quotequote all
I would phone her up, inform her you have found out it is Cat D and that this affects the value of the car significantly. If she is willing to refund 30-40% of the purchase price you may still want to keep the car, as remember it is often purely cosmetic damage which causes cars to be written off and repaired as a Cat D. I've had two Cat D's and it was no problem, in fact it made the one car quite a bargain.

However I understand the oldies are unlikely to be happy with a car they may perceive as being dangerous, so if this is the case cancel cheque and return it.

STW2010

5,918 posts

192 months

Saturday 28th May 2011
quotequote all
GingerGogs said:
Not sure that the question was actually asked if it had been involved in an accident, however she clearly said she bought the car from a lady privately, the only previous owner. If the car was cat d, I'm not sure that this would have been correct; would the first owner have still had the car after the cat d repair?
And yes, the option of cancelling the cheque, and dumping the car back at her driveway seems very appealing.
Thanks for replies so far!
No, the car could have been declared a 'write off', the owner bought the car back from the insurance company and repaired it. So cat d, same owner.

Either way, you asked the question and wasn't told the complete fact. You obviously should have HPI checked the car, but if you cancel the cheque and bung the car back on their driveway then I very much doubt they would have any options other than to accept it.

GingerGogs

Original Poster:

24 posts

244 months

Saturday 28th May 2011
quotequote all
boobles said:
Anyway of finding out what the damage actually was?

It could have been minor & nothing to worry about. You say you got it for a reasonable price, perhaps this is why.
Yes, on the case with this also. The service record has the first owners name and phone number. Having been told it was an older lady, wasn't going to disturb her tonight, but will be finding out about the actual damage. Obviously that will probably impact on the action we take.

The reasonable price was meant as a reasonably average price per the market. Sorry, I wasn't clear on that looking at it now.

bozmandb9

673 posts

210 months

Saturday 28th May 2011
quotequote all
I would phone the vendor, say that you have discovered that the car was a cat d, that you didn't purchase it as a cat d, you are not happy to put your grandparents in an accident damaged car, and you'll be returning it to her. She'll have the sense to realise that you're holding all the cards, since if she doesn't play ball you can cancel the check anyway, and you'll have the peace of mind which comes with being upfront and honest.

Job done?
beer

Fox-

13,575 posts

276 months

Saturday 28th May 2011
quotequote all
66comanche said:
I would phone her up, inform her you have found out it is Cat D and that this affects the value of the car significantly.
Why is that her problem that the OP paid over market value for the car?

How is it any different to me selling a 2003/03 plate 330d, you coming along under the assumption most of the 03 330d's are 204bhp, us agreeing a price, you buying it and then finding out it's actually a 184bhp and worth less, having not at any point asked me, the seller, which variant it was, just like the OP never bothered to ask the seller if it had been involved in an accident?

The OP is at fault here. He failed to check something and paid more for the car than he ought to have as a result.

Sline

498 posts

228 months

Saturday 28th May 2011
quotequote all
Cancelling the cheque is simply out of the question in my eyes. ALL checks should have been made before parting with any cash the seller has made no faults in the slightest, its down to the buyer when purchasing privately to check the vehicle themselves.