Car sold after Major Repairs

[MrResidual01]

Morning,

Firstly thank you for any help that you can give, I feel like an independent view would be very beneficial right now.

I purchased vehicle 2 years ago from a large car dealer network which was only 14 months old with minimum miles.

In summary the vehicle has began rusting (only 4 and a half years old) so I've tried to get it repaired by the car manufacturer as should be covered by warranty.

It turns out the vehicle has had Major repairs (confirmed by body shop) and most of the rear end replaced prior to my purchase.

The manufacturer have declined to fix it due to this and from lots of reading realise that after the first six months the burden of proof now sits with me to prove I purchased the car like this and could not have known about the defectsdat the time.

In summary, I've finally got proof after lots of calls and emails that the vehicle was repaired prior to my purchase. The dealership have confirmed this and have stated that they were unaware of it.

Now we've established this the manufacturer will still not repair the vehicle as the repairs have not been completed by an approved body shop.

Im waiting to hear what the dealership will offer to remedy this.

They have offered me list price to buy it back which for the loss I'd make this doesn't seem sensible.

Offered to replace it for a similar vehicle with same age mileage however there is not one that I can see is comparable. (Happy to change colour however interiors very different).

I've asked them to repair the vehicle inline with there approved body shop so that I have a warranty for the work.

This will be I believe at least 2-3k as major work. Vehicle worth is about £12k.

Am I within my rights to push for this as the vehicle would have been covered by the warranty it was sold with had it not been repaired prior to them selling it to me?

Appreciate thoughts on this ?

Thanks

[MrResidual01]

Sorry to be clear, the options listed are what they've proposed but gone to seek further advice once I requested for it to be repaired as per the corrosion guarantee that would cover it has it not been repaired previously. Thanks

[des8]

Hi and welcome

From the info you have given it seems likely it was in a big shunt, and insurers could have been involved
So have you made an HPI check to see if the vehicle was ever declared a "write off"?
If it was the dealers should have informed you of this before you purchased the vehicle.
If it was and they didn't it gives you more leverage in your negotiations!
If you do an HPI check use the paid for site (the free ones aren't so comprehensive)

[MrResidual01]

Thanks for the response. I've rechecked the hpi check and there is nothing showing.

After talking to the insurance company united it was basically a write off it isn't recorded anywhere centrally.

I know have had confirmation through the dealer from the previous owner that he had his insurance company repair the vehicle forever doesn't know which one and cannot confirm what was repaired.

I'm really surprised at the lack of support from the manufacturer.

Now awaiting to see what the final response will be from the dealer

[des8]

Post ! "In summary, I've finally got proof after lots of calls and emails that the vehicle was repaired prior to my purchase. The dealership have confirmed this and have stated that they were unaware of it."

I wonder if you might have a claim against the dealer for "innocent misrepresentation".
Dealers should advise prospective buyers of previous major damage, but of course if they are unaware of it they can't.
However the vehicle has still been misrepresented.
If that surmise is correct and it went to court, the courts could either order the contract rescinded (but unlikely as two years old) or award damages.
The dealers might be more prepared to negotuiate if they know you are contemplating court action.

tagging R0b to seek his comments

[R0b]

Morning,

is the vehicle on finance? and if so, have you notified them of this?

You can push for them to carry to the repairs so you can have a warranty on that but you cannot force them to do it without going to court and obtaining an order.

I'm not familiar with the write of process but des8, who is obligated to notify the car as a vehicle write off? is it the insurance company?
Des is right about the possibility of claiming innocent misrepresentation but of course I would probably argue both negligent and innocent misrepresentation. The good thing about misrepresentation claims is that once you have established something is not true, the burden of proof shifts to the defendant to explain why they believed it to be true. That being said, I hope you have a record of their admission in writing and not just over the phone in case they turn around and suggest otherwise.

The starting point for misrepresentations generally is to rescind the contract and put the parties in the position prior to the sale though the court can award damages in lieu if thats what a claimant wants or rescission is impossible. Perhaps damages might be the better option for you which is probably calculated on the difference between what the car might be worth but the write off.

I would suggest you take a read of the Court of Appeal case Strastone v Salt which might be of relevance to you though the facts are not entirely the same but the principle is - http://www.allenovery.com/publicatio...sible-too.aspx

P.s. I wonder whether there is an argument for breach of their duty to take reasonable care and skill. Particularly with making sure sufficient checks have been done to ascertain if its stolen, write off etc. Again, the onus is on them to prove this.

[Onestepatatime]

If an insurance company has been involved and declared the vehicle as written off. It would be catorgorised as such from an A to D. The dvla would be notified of such and it will be recorded on the log book as such.
If you google search written off vehicle catorgories you will get greater understanding.
Anything Cat A or B has to be destroyed if my memory serves me right.

[des8]

Process for writing off:
Cat A & B....registered keeper is responsible for telling DVLA (penalty for failure upto £1000!)
Cat C & S...Registered keeper sends V5C to insurers and applies for duplicate (free) from DVLA who record category on V5C
Cat D & N...not recorded

[Onestepatatime]

That's not what happened to me?