Legal obligation to declare a write-off?

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colin.c43

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Does anyone know whether a car dealer has a legal obligation to declare whether a car they are selling has previously been written off?

A friend has just discovered that a car she bought from a very well known classic/sports car dealer was previously stolen and written off. She paid £38k for the car 4 years ago (BMW X5 4.4).

Also the dealer arranged a lease plan with Black Horse. Don't the finance company check too? Surely they wouldn't want to lend against a written off car?

I want to get my facts right before offering advice.
I think Trading Standards will be one of the first stops.
 
I don't know the answer for fact, but I wonder how she insured the car? Insurers don't usually insure full-comp written off cars, I think....
 
I suspect this may hinge on the term "written off". Do insurers use that term or Cat A, to D etc.

Also if the dealer was not asked "has this car had an accident or been written off" then he could not have lied or given false information as he did not give any.

The fact it was 4 years ago does not help.
I presume she has enjoyed the car with no faults but will now get less for it on trade in.
I would be inclined to think of sueing for the difference in a perfect car same age trade in value and this one.
 
Traders have to declare it, private sellers only have to declare a write-off if asked.
 
Wasn't the Category of damage recorded on the V5?
 
Stolen and written off could mean the car was recovered after the owner had been paid out by the insurance company, ie they made a total loss payment.
 
The first stop is the dealer, not trading standards. They themselves may not have been aware of it's status.

You need to give them the opportunity to answer first.

Before that though, I'd run an HPI check on the vehicle and find out what is registered against it. Once armed with this information you then have something solid that requires addressing/answering.

I believe there will also be an issue with the finance and possibly insurance, so make sure you have everything in order before you open a potential can of worms.
 
Best to do that before parting with the 38 large, no? Stable door etc.

Great help to the OP.

Anyhow, when it comes from a trader and via a reputable finance house it would be safe to assume these checks had already taken place. As they haven't you now have redress with the dealer/finance house.
 
Car Insurance 'Write Off' Categories

Chances are the vehicle was Cat C or Cat D --- was deemed unrepairable by the insurance company but subsequently repaired OR was stolen for a lengthy period of time and effectively written off --- but then subsequently recovered / turned up possibly under a false identity. Cat D often are stolen+ recovered have little more than minor cosmetic damage and don't require a detailed mechanical inspection like cat C ----just one concerning the correct identity of the vehicle. Once this is done I don't think this is recorded any readily available ownership documents???? but should recorded on the insurance registers. You are telling me she bought a second hand £38k car without an HPI check? A bit silly surely? Having said that- Assuming she has driven the car without incident for 4 years then there is probably a bit of trader "negotiating" being done here to reduce the trade in price. One consequence of not doing the proper checks is to lay yourself open to such tactics--- all I can suggest is she shops around for a better deal elsewhere- but she may not get it. The trade are very wary of big leggy 4X4 SUV's at the best of times
 
Shall we find out if the car is actually recorded before we berate the OP any further?

A reasonable number of stolen/recoverd never get Categorised and are never damaged.

Do remember this categorisation system is a voluntary code of conduct and is not law.
 
All written off vehicles have to have a V.O.S.A check,which is just an Identity check to
see vins have not been tampered with and is the same vehicle that was subject to the initial insurance claim. When the V5 is issued again it will be marked substantially repaired,
or words to that effect.as long as it is deemed roadworthy it will pass,regardless of what category it was marked.
 
I don't understand. Why is it that the more expensive the car the less checks are carried out? Surely a £30 hpi check is nothing in the whole grand scheme of things? Alternatively text the registration to 83600 and it will give a mini hpi check for £3.50. Just because someone/trader is selling an expensive car does not mean he can be trusted.
 
It depends wether it was badly damaged and if it was recorded by the insurance company at the time, some do not get recorded cat C or D for instance a quick HPI or Data check will reveal
 
Do you have proof that the car was a write-off? How did you find out? Are you certain it can not be a mistake? Best to be sure about these things...
 
It may have been stolen , paid out for by the insurer ( and thus written off ) then subsequently recovered with little or no damage .

High value cars are often stolen to order by thieves who inflict little or no damage .
 
Hmmm

My BMW X5 was written off after the insurance company spent 13 grand repairing it. When the built in sat nav failed after all the repairs the insurance company said they did not want to spend anymore dosh on the car and promptly wrote it off. So somebody got an absolutely minted X5 that had a duff sat nav system. That would still show as a write off although the car was absolutely perfect.
 

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