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[Del Boy]

A friend of mine has just bought a car without doing a HPI check (Idiot I know), from a private individual, anyway turns out the car is a write off, previously Cat D in 2008. Does anyone know if it's a legal obligation to state that the car has been in an accident or not? I know for the trade it's obviously a legal obligation to say so, but private I'm not sure? Anyone? It's certainly something I've not come across before.

[martin42]

yes it must be stated that it was a cat D ,not sure how he will stand now as he brought it privately

[Del Boy]

yes it must be stated that it was a cat D ,not sure how he will stand now as he brought it privately

I'm pretty sure because he bought it privately he has absolutely no come back what so ever, I know that certainly used to be the case. He can't even use the argument that false information was given, because he never asked if had been damaged etc.

[paul.lovejoy]

extract taken from legal website where similkar question was asked

He doesn't have to tell you about a cat D write off if he is a private seller. He is not bound by the Sale of Goods Act.

But you still do have a claim in misrepresentation if you can satisfy the court that he did, in fact, give you misleading information about whether or not this had been involved in an accident.

Whether he is a private seller or a commercial seller, he is still not allowed to misrepresent a vehicle. If the Court found in your favour on that point then you would be entitled to a refund.


hope that helps

[Del Boy]

extract taken from legal website where similkar question was asked

He doesn't have to tell you about a cat D write off if he is a private seller. He is not bound by the Sale of Goods Act.

But you still do have a claim in misrepresentation if you can satisfy the court that he did, in fact, give you misleading information about whether or not this had been involved in an accident.

Whether he is a private seller or a commercial seller, he is still not allowed to misrepresent a vehicle. If the Court found in your favour on that point then you would be entitled to a refund.


hope that helps

Thanks mate .

I suppose that could be looked at though, that he didn't say it was HPI clear, so it's not a misrepresentation?

[TheBoy]

One word against another, little chance of legal success, unless there is written proof of misinformation. Put it down to experience, and learn 

[feeutfo]

Cat D is no biggy really as far as structural damage goes. Only downside is it affects value, which your main problem I guess, and insurance value as the write off value will be affected as well.

Other than that, enjoy the car if possible.

If Cat D has the same rules as cat c, it should be mentioned on the new log book that's registered after an insurer values the car after repair, mot, and vic check, if it is, then log book clearly wasnt checked by the buyer. If its not on the log book then somebody has either cocked up or been deceptive.

...as I understand it anyway.

[Del Boy]

Cat D is no biggy really as far as structural damage goes. Only downside is it affects value, which your main problem I guess, and insurance value as the write off value will be affected as well.

Other than that, enjoy the car if possible.

If Cat D has the same rules as cat c, it should be mentioned on the new log book that's registered after an insurer values the car after repair, mot, and vic check, if it is, then log book clearly wasnt checked by the buyer. If its not on the log book then somebody has either cocked up or been deceptive.

...as I understand it anyway.

Cat D doesn't go on a log book, Cat C does  . This only came about because after looking at the car, started noticing some very dodgy paintwork, then it all unfolded from there, with various other things, asked if a HPI was done, nope was the answer, then checked and it's a Cat D. Drives all good, and as you say Chris Cat D is a massive problem really.

[albitz]

To have any chance of comeback it would need to be ascertained that the previous owner had done a HPI check on the car.If he didnt do a check he may well not have known.
As said, catD doesnt appear on the logbook.

[TheBoy]

To have any chance of comeback it would need to be ascertained that the previous owner had done a HPI check on the car.If he didnt do a check he may well not have known.
As said, catD doesnt appear on the logbook.

Even then, Albs, I guess it could get into a one word against another "I told the buyer it was cat D", which is likely to be unresolvable 

[albitz]

True. Ive never  checked any of my cars tbh,not really sure why.It just hasnt occurred to me to bother.

[Del Boy]

True. Ive never  checked any of my cars tbh,not really sure why.It just hasnt occurred to me to bother.

  You must from now on  .

[albitz]

The purchase price is usually in three figures,so its not that critical.

[henryd]

The purchase price is usually in three figures,so its not that critical.

what ?,like £7.99

[paul.lovejoy]

True. Ive never  checked any of my cars tbh,not really sure why.It just hasnt occurred to me to bother.

tis probably cause your stupid init