My cat B car so far!

[Rory]

Secondly, without proof you have had this conversation with the DVLA (transcript or confirmation in writing) I believe you don't have a leg to stand on with what that guy said.

I don't thinl it would matter even if you had confirmation in writing from the DVLA (which I'm doubtful they would provide anyway, but worth a try). They're not exactly known for the accuracy of their work.

As it stands I think you are on very thin ice, I think technically you are uninsured by the fact you are withholding material facts.

I'm not so sure about - you can only be expected to go on the best information that you have (hence something in writing from DVLA would be useful). Also the insurance company can't evade its liability to 3rd parties, although they could pursue the policyholder for the costs.

The snag is, that if something does happen, this could be a tough issue to sort out when under pressure.

 

[Mudster]

The snag is, that if something does happen, this could be a tough issue to sort out when under pressure.

That's the bottom line, there could be denial of liability which carries a lot of baggage with it these days.

 

[Mudster]

At the risk of appearing to be a stalker (I am genuinely interested in the outcome of this case) I called HPi and posed the scenario.

A vehicle is registered on HPi as a Cat B write off, a check has been done with HPi who have advised that the car was written off in 2000.

Yet no record appears with the DVLA how can this be the case?

The answer is as follows:-

The insurers inform HPi of all write offs and have done so for many years, the register is built up of information supplied by insurers to Hpi (not supplied by the DVLA). HPi would (on request) supply this information to the DVLA on a vehicle by vehicle basis.

However it was not obliged to register any information with the DVLA until 2004.

No vehicle written off before 2004 is logged on the DVLA database unless the DVLA specifically requested information from HPi on that vehicle.

Sorry, your vehicle was a Cat B write off in 2000, it is not logged with the DVLA as there was no legal obligation to do so at that time. It should not be on the road until this is cleared up.

 

[toehold]

Mudster

"At the risk of appearing to be a stalker (I am genuinely interested in the outcome of this case) I called HPi and posed the scenario"

This is not a case! You phone HPI and give them a scenario but end your post with a statement "Sorry, your vehicle was a Cat B write off in 2000, it is not logged with the DVLA as there was no legal obligation to do so at that time. It should not be on the road until this is cleared up."

How have you come to that conclusion from ringing HPI and giving them a scenario?? Harry who paid for an HPI check says they said 2001/2002 yet you from a scenario conversation tell me it was written off in 2000! And please tell me what do the thousands of people do that have bought cars that have been written off but not recorded with HPI?

 

[Mudster]

Mudster

How have you come to that conclusion from ringing HPI and giving them a scenario??

No, I posed the scenario, they then asked me if I had a registration number so they could check it was something they had processed. I gave them the Licence plate SIL 2006 as posted in post 1 - they confirmed an HPi report had been done on this vehcile and it was a Cat B write off in 2000

They also confirmed at the time they were not obliged to provide that information to the DVLA at that time.

I simply rang up and asked - easy as that.

They didn't ask who I was or if I'd requested the original report.

 

[toehold]

Simple as that?

 

[toehold]

So if anyone now wants a free HPI report all you do is ring them about a scenario and they will then ask you for the car in questions registration number and give you the details...ring up and ask simple as that! So I am now taking the car off the road until this is cleared up? Why what makes you say this what has it got to do with you?

 

[Mudster]

I'm telling you what I found out by making a simple phone call, what you do with that information is now up to you.

If you don't believe me, call them yourself and put your mind at rest and post what you find on this thread.

The important piece of information here that you seem to be missing is that before 2004 there was no obligation by HPi to inform the DVLA of anything.

Your call now.

 

[toehold]

Will now take this up with my insurers, so beware if you have bought a car knowingly as accident damaged but unrecorded you are not insured as you have failed to disclose! So that means thousands of people are driving around uninsured. Luckily I have a company fleet insurance which has a Rolls Royce 3 Range Rovers a new Nissan GTR and at least 12 other performance cars on it including my Brothers orange Evo 6 that is leading this years Time Attack series. When I had my cat D M5 there was no increase in my insurance as we have so many cars with them. I will have to get to the bottom of the cat B as it is no way been a parts only car that is for sure. But either way I will not have a problem with my insurance that I can assure you Mudster!

But dont say in one breath the "car has to be taken off the road" and in the next it's "up to you" make your mind up "stalker"!

 

[Mudster]

So if anyone now wants a free HPI report all you do is ring them about a scenario and they will then ask you for the car in questions registration number and give you the details...ring up and ask simple as that! So I am now taking the car off the road until this is cleared up? Why what makes you say this what has it got to do with you?

Consider that you have posted on a public forum (free for anyone to view via google etc) that you are driving what could be a Cat B vehicle that has been insured without the category as a disclosure.

I am not legally trained, but the common sense in me says it would prudent that it were not driven on public roads until you've determined what it is or not, do you not agree?

As it seems you have a fleet of very expensive vehicles, leaving this one in the garage until the issues are sorted won't be a problem in the slightest.

Do let us know when you get to the bottom of it.

 

[toehold]

Thanks for your help and advice Mudster but please refrain from telling me I have to take my car off the road until I sort it out very presumptuous and condescending thank you.

 

[harry_dhuga]

I will check and see what date was actually provided about the car being written off - the 2001/2 I put earlier was approx only so could well be 2000.

Will update later on.

 

[toehold]

Thanks Harry if you would, I obviously need to find out what happened to the car in 2000 as to totally write it off must have been major damage and if so how has it been repaired as it is only possible to find front drivers side accident damage on the car. Having now done more homework there are many cat B cars back on the road and all legal at that which makes a mockery of the cat B status but it seems it is advisory and not a law as such?

 

[DITTRICH]

I think it is up to the owner of the car to sort the situation out.
If it was classified as category B in 2000 then:-
A It should not be on the road.
B The insurance is effectively worthless.
The statements about the obligations of HPI to inform the DVLA of category vehicles only from 2004 are interesting. The only people who really know what happened are presumably the keeper and the insurance company at the time the car was categorised.

 

[mattc]

Toehold. I have read this thread from front to back and Mud seems to be helping more than the rest of us just reading.

He has done a little research and it has pulled up some very pertinent facts. I think he was genuinely trying to help rather than telling you what to do.

As for the wheels if you were the chap collecting them yesterday from Ians they looked very nice...do you play a lot of golf by the way given the plate on that C3?

I do hope you get clarification on the car. please keep us all posted as its a very interesting situation.

 

[Aoraki]

Thanks Harry if you would, I obviously need to find out what happened to the car in 2000 as to totally write it off must have been major damage and if so how has it been repaired as it is only possible to find front drivers side accident damage on the car. Having now done more homework there are many cat B cars back on the road and all legal at that which makes a mockery of the cat B status but it seems it is advisory and not a law as such?

By being a "ringer" perhaps?

 

[toehold]

After a bit of searching on another forum I came up with this post below which looking at my car makes me think it might have been water damaged to be a total loss if the cat b status is correct and will have had a VIC check at sometime to have been put back on the road.

Quote

"have recently purchased a category B total loss vehicle. The vehicle was flood damaged in 2006, and the interior required replacing at a cost of £12000. This information was gained from the insurers who paid out on the vehicle. It`s a BMW Z3.
After reading through forums, and doing an HPI check, I discovered that the vehicle had been listed as sc***ped, a category B. I was warned that I should not purchase this vehicle by the HPI check.
Not being one to take no for an answer, and having examined the vehicle and found there to be no structural damage, and the car is driving with all safety and operational systems intact, I checked with the DVA, which told me the car has a VIC marker. So, I phoned the DVA this morning, and asked was there ANY reason why a category B car with a VIC certificate, and a current MOT will not be allowed back on the road.
The answer was NO!. If a category B car has a VIC certificate, ( meaning that it is the vehicle it is purporting to be ), and has a current MOT, then there is NO reason why that car cannot go back on the road!!
Let me make this as clear as possible, `cos i`m over the moon actually, If a category B car has a VIC certificate to confirm it’s identity and an MOT certificate to confirm it’ roadworthiness, then that car is allowed to be taxed and returned to the road!
The insurance companies classifications are an industry wide guidance. They are not points of law! The DVA, or DVLNI state quite clearly that Category A, B, or C cars MUST obtain a V.I.C certificate before being returned to road use. Why the insurance companies want us to believe that a category B cannot be returned to road use is anyones guess!!"

 

[Gollom]

This is better than Poirot on telly!

 

[Mudster]

He has done a little research and it has pulled up some very pertinent facts. I think he was genuinely trying to help rather than telling you what to do.

That was my intention, it is difficult to get inflection across in the written word on a forum.

I've certainly learned a lot form a simple phone call, especially the 2004 declaration.....something I would never have known.

 

[SilverSaloon]

Why what makes you say this what has it got to do with you?

I think you should be thanking Mudster for bringing some very important info to this, that could, potentially save your life.

The reason it has something to do with others, is you could be coming up behind me at the lights, or towards me whilst I cross the road. its not just the car, its the risk to the public that it may pose.

It may well be fine, and I hope it is, but you really need to get to the bottom of it ASAP and during that time, i dont think you should be driving it around.... as you dont know what you're dealing with.

just my 10p's worth