Cat D, but not told by Mercedes
Discussion
Back in 2008 I purchased a used CLK from a Mercedes dealer and have now just found out it was a Cat D write off. I found out as I was trying to trade it in, and this showed up on the HPI check, I was told I would get 4750 if it was not a Cat D, but only 2500 now.
As I was told when I purchased the car it was originally sold by the dealer I purchased it from, and they had done all the servicing, should they have told me it was a Cat D write off? And do I have any come back on them now?
As I was told when I purchased the car it was originally sold by the dealer I purchased it from, and they had done all the servicing, should they have told me it was a Cat D write off? And do I have any come back on them now?
Must be well repaired if you have not noticed in the past 3 years.
Poor form on the part of a franchised dealer - if they were aware. Contact them and discuss before escalating. Would be surprised if MB GB did not take an interest if dealer gives you the "brush off".
May be wrong but a private seller does not have to reveal unless asked however, a dealer has to offer up this information. Suspect many dealers (many examples exist) will claim not to have been aware for various reasons
Poor form on the part of a franchised dealer - if they were aware. Contact them and discuss before escalating. Would be surprised if MB GB did not take an interest if dealer gives you the "brush off".
May be wrong but a private seller does not have to reveal unless asked however, a dealer has to offer up this information. Suspect many dealers (many examples exist) will claim not to have been aware for various reasons
You are protected as a purchaser by the Sale of Goods Act et al, the raft of consumer's legislation and a raft of precedent cases in courts.
In law a Car Dealer is deemed to be an expert.
Sold as Seen and other such devices will not protect dealers.
The dealer should have spotted this. HPI checks are standard in car sales.
In law he will be held to have known the details or ignored them at his risk.
Begin your correspondence with a brief letter explaining your being misled by the dealer and your loss (reduction of value, insurance risk, unwittingly driving your family in a write off etc).
Copy all the correspondence to Mercedes Benz. Throughout the case.
You should get an immediate response apology and offer of compensation.
Mercedes take this up as well. This is a FRANCHISED dealer. Their problem.
If you do not then assess your loss and issue a claim in the small claims court. You will win.
The dealer has no defence this is deliberate (legally) and intentional misrepresentation. Bordering on fraud.
Any judge will be very unhappy with a car that has been written off then sold by a franchised dealer as an undamaged car. You would not have bought this if you had known. You have been ripped off to the tune of putting your family at risk and substantial sums of money.
This is all because you bought from a franchised dealer. They have nowhere to hide. This is entirely the dealers problem. Take it to him.
In law a Car Dealer is deemed to be an expert.
Sold as Seen and other such devices will not protect dealers.
The dealer should have spotted this. HPI checks are standard in car sales.
In law he will be held to have known the details or ignored them at his risk.
Begin your correspondence with a brief letter explaining your being misled by the dealer and your loss (reduction of value, insurance risk, unwittingly driving your family in a write off etc).
Copy all the correspondence to Mercedes Benz. Throughout the case.
You should get an immediate response apology and offer of compensation.
Mercedes take this up as well. This is a FRANCHISED dealer. Their problem.
If you do not then assess your loss and issue a claim in the small claims court. You will win.
The dealer has no defence this is deliberate (legally) and intentional misrepresentation. Bordering on fraud.
Any judge will be very unhappy with a car that has been written off then sold by a franchised dealer as an undamaged car. You would not have bought this if you had known. You have been ripped off to the tune of putting your family at risk and substantial sums of money.
This is all because you bought from a franchised dealer. They have nowhere to hide. This is entirely the dealers problem. Take it to him.
The Mercedes dealer told me today they have started an investigation with HPI, as they think this has been recorded incorrectly.
They assure me if the HPI check they did when they took it in as a P/X showed it was a Cat D car, they would not have sold it, but passed it on probably via an auction.
They assure me if the HPI check they did when they took it in as a P/X showed it was a Cat D car, they would not have sold it, but passed it on probably via an auction.
DavidDuggan said:
The Mercedes dealer told me today they have started an investigation with HPI, as they think this has been recorded incorrectly.
They assure me if the HPI check they did when they took it in as a P/X showed it was a Cat D car, they would not have sold it, but passed it on probably via an auction.
That's a good start. They assure me if the HPI check they did when they took it in as a P/X showed it was a Cat D car, they would not have sold it, but passed it on probably via an auction.
When we take a car in, we HPI it and keep a dated copy in the file. We keep files for 10 years o think. We don't have to, but it sorts stuff like this out quickly if it were to ever happen.
Hopefully it is a cock up from HPI and they can remove it. Or if it was cat D and didn't show up on the merc dealers HPI check, the company will be liable for costs.
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