Bought a pig in a poke?

[snow leopard]

Can anyone help shed some light?

I have just tried to P/ex my SLK200K against a newer C Class Coupe but the dealer discovered that my car was listed as a write off (cat D). When I bought the SLK I was told that it had been HPI checked. I feel pretty dumb for trusting him when he told me that the car had been HPI checked and that it was a good example but that is history.

I understand that a dealer should take all reasonable steps to check the vehicle history including whether it has been written off and that in that event, he must inform the buyer. He did not and I bought the car as a low mileage example (44.5K) for it's age (53), in good condition. It was not sold at a low price and I would not have touched it if he had declared it's history, regardless of whether it might actually be AOK. I now seem to have a virtually worthless car.

Can anyone advise, from a legalistic standpoint, whether he has broken any laws and whether I can therefore expect a court to find in my favour? In this instance, I am hoping he will not want to go down that road.

 

[JasM]

Sorry to hear this.

When did you buy you your SLK?

 

[snow leopard]

HI Jazz, Tks for reply, it was about 9 months ago.

 

[Lipsylee]

I would be straight down there putting it on him and see what he says !
If he is not compliant tell him your getting a solicitor involved and will be taking him to court .
The judge will favour you as it's a misleading sale .thats where it will probably end up so would contact a solicitor Straight after you speak to him face to face if no joy .
He will have to pay you back if favoured your way . It's hassle I know .

 

[artyman]

If you were sold the car as a good example then that sounds like a definite case of misrepresentation, how long ago was it and is the dealer still operating. He may argue that he told you and if some time has elapsed it may make it more difficult to prove.

 

[ringway]

If he's a proper dealer I'd be very confident of success. There's no way a dealer would fail to check a cars history.
I always HPI check a car before I even go to view it. If your car is dodgy from a write-off point of view, I would be sceptical about that low mileage to. That doesn't mean that the dealer has necessarily clocked it, maybe a previous owner. Unfortunately, clocking is oh so easy with the correct equipment.

Did you buy the car using a credit card? That may turn out to be your 'quick' saviour here.

 

[snow leopard]

Yep.. certainly hoping that it's firm ground for misrepresentation. All this just broke this afternoon, but have spoken to dealer, who's still trading. Spoke to him while he was away from office, he said he'll get back to me tomorrow but I'm trying to find out what i can beforehand. Probably solicitor thereafter if no joy. Paid with debit card.

 

[martyz]

He could argue that he bought and sold in good faith.There is no legal requirement for him to HPI check the car,although we all know he did unless he's daft.How you prove that he knowingly sold you a CatD vehicle is the hard part.

 

[Steve_Perry]

Would the 'Citizens Advice Bureau' or local 'Trading Standards Authority' be able to offer useful free advice before then turning to a solicitor?

S.

 

[snow leopard]

HI Martyz, From my layperson's understanding, I shouldn't need to prove that he knowingly sold me a duffer as I believe that it's a dealer's responsibility to check, howsoever he may choose to do it, whether that is by HPI or reading the runes! As Ringway said, I should have checked for myself.

 

[ringway]

This sort of practice gives motor dealers a bad name. Not all of them are crooks (even if they do know a trick or two that Joe Public doesn't).

You could ask the question on the free motoring law forum, Pepipoo. LINK.

 

[artyman]

The fact that it has been written off does not in itself make the sale illegal, if it has been made roadworthy, even if the dealer is aware following his HPI check. The criteria is, was it misrepresented to you as something it wasn't, and being able to prove that. I'm not sure if he would be obliged to tell you it was previously a write off, you say he said it had an HPI check, which may be true it probably did, he just didn't disclose it's findings to you the purchaser. However if as you say it was presented to you as a good example and he had carried out the HPI, then you would seem to have a strong case.

 

[ringway]

Another point to consider is that the car may not be insured. Some insurance companies will not insure written-off vehicles.

 

[martyz]

Hope the guy does the decent thing and resolves this for you.

 

[Lipsylee]

See if you can trace some history on the car like old mot stations and see if the millage is correct caus if not that would be even better for you against him.
Lee

 

[m1br]

It is not a legal requirement to disclose that the vehicle was a result of a total loss claim or even if it is on VCAR.
There is also no legal requirement for a buyer to do so either, be that a private individual or a trader/dealer whatever.
The onus is entirely upon the buyer to research this.

(An HPI check is not necessarily a check upon vehicle condition, merely upon outstanding finance etc to establish if anyone other than the seller has any legal title to the goods)

However, it IS illegal to lie or deliberately misrepresent the facts, so if you specifically asked and were lied to concerning its material condition, then this is indeed illegal.
As artyman says though, it will be almost impossible to prove unless you have a written statement of its status.
If you buy from most franchised dealers be that MB, BMW whatever, its normal to offer the checks in the sales pack.

Put it down to experience mate and move on.

Steve

 

[Spinal]

May be worth digging up the advert from when you bought it... if it has "HPI Clear" (in writing) on it, that will make your life a whole lot easier...

 

[AnimMerc]

May be worth digging up the advert from when you bought it... if it has "HPI Clear" (in writing) on it, that will make your life a whole lot easier...

This too would be my first port of call, was it in Autotrader, classifieds etc? As they would have a record of the advert.

I assume you have got a receipt? If you paid the book price and you do have to take legal action your verbal word that it was not accident damaged should be good enough as this is supported by the price you paid.

Also as some have stated check the mileage as well and tell the dealer you are going to do so. If they are not reasonable write to them quoting the same and then get on to both Trading Standards and a solicitor.

The dealer although perhaps under no obligation to check should have done so to save both you and himself hassle.

Hope you get it sorted!

 

[billywhiz]

Just to throw something else into this mix.

A few years back, a company I was working for had 'self insured cars' so we did not actually classify and declare Cat D's ( Cat c above yes ).

anyway, someone ran into one of our cars, we had a damaged car that was sold as a damage repairable. The third party insurance company, because they had paid out on our car as such decided to list our car as CAT D, as someone in the insurance department when dealing with it, accepted money in as a loss claim.

Basically at the time we sold the car it was not listed anywhere or recorded. - 3 months down the line we found out about the CAT D marker placed by a third party - and it was 3 months it took for them to declare and place a marker on the car.

So at time of sale, no markers, 3 months down the line it had a marker.

If I remember we had to pay out on the new purchaser £2000 which was the negated value of the car with the new CAT D etc.

So I suppose what I am saying is there could be a circumstance that at time of sale it was clear but later on found to be a cat d. I think you need to investigate why, where, when a CAT D and have a discussion with the company you bought it from.

 

[Spinal]

If I remember we had to pay out on the new purchaser £2000 which was the negated value of the car with the new CAT D etc.

I think that's the crucial part though...