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Car advertised without stating it was a Cat S car

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  • Car advertised without stating it was a Cat S car

    Hi guys. Please can anyone point me in the right direction.
    I've provisionally bought a car, a Nissan. However when I've gone to get a quote to insure it it's flagged as a cat s.
    I've spent two days now with my insurance, DVLA, she's, and the motor insurance board trying to find out what was repaired.

    I've looked in the hpi checkers but only found they say it's cat s and not telling me damage ..

    the dealership are not helping and saying they got the car as it is and were unaware. But it looks in good nick.

    the car is 200miles away from me so not an easy turn up and look at it.

    Can anyone help
    Tags: None

  • #2
    Walk away if you have any doubts get your money back

    Comment


    • #3
      Wouldn’t a dealership have done an Hpi check on it too prior to selling it.

      Comment


      • #4
        As far as I am aware, dealers do not have to (legally) carry out any HPI check or anything in that respect but of course they will be held liable if their description does not match the vehicle and its condition, if anything is stated.

        I believe dealers are however, legally obliged to disclose whether or not the car was a write-off - can't remember what law it falls under but maybe Des can clarify. That said, you would expect a dealer to carry out some kind of pre-sales check which would include whether the car has finance, written off etc. There is also the potential that the failure to disclose the car as having been written off might amount to a breach of the Consumer Protection from Unfair Trading Regulations in that information like that is likely to make a consumer take a different decision they might otherwise have taken had they been fully informed.

        That said a Category S (previously a Category C) is defined as a vehicle having suffered structural damage and therefore uneconomical to repair. Just because the car is flagged as a Category S does not mean the vehicle is not roadworthy rather it could have been repaired to a high standard, and you just need to do more due diligence but also the car is likely to attract a lower price as a result (though be aware that dealers might inflate these prices anyway).

        Before you make a decision you should get as much written evidence as possible for example:

        1. Email the dealer and ask what evidence they have on the car and what repairs (if any) has been been carried out.

        2. You could ask for details of the previous owners name so you can make further inquiries about the damage / repairs. I suspect that they will say no due to data protection but arguably, you have a legitimate interest in knowing the extent of any damage or repairs carried out and who by. Do you due diligence on the garage that repaired the vehicle and be a bit more cautious if they are a one man band and/or whether they are a specialist in repairing damages vehicles.

        3. Consider asking the dealer to instruct a third party to carry out an inspection and supply a report confirming that it is in a roadworthy condition. If you are serious about buying it then consider paying for it yourself.

        4. You've already checked insurance but if you haven't already, see how much it's going to cost you as some insurers won't insure cars written off.

        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #5
          Hi R0b I think you looking for Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008.

          And please don't buy a car without seeing and inspecting it. And if you don't know one end of a spanner from the other get someone else to check it for you.

          Comment


          • #6
            Originally posted by des8 View Post
            Hi R0b I think you looking for Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008.

            And please don't buy a car without seeing and inspecting it. And if you don't know one end of a spanner from the other get someone else to check it for you.
            Thanks Des, I thought it was but wanted to be sure before I said it!
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

            Comment


            • #7
              Thanks guys for your inputs. I've already tried to get into off the dealership. They are not big but they ain't a one man band.

              they 'Don't' have any info on the car and when I've asked for sales/ repair invoices etc they don't have them.

              they say they have carried out an mot on the car today and no advisory but that won't cover if the chassis etc has been damaged. The car is valued at £9,990 and they have said they would accept £9,300 .. a lot of cash to loose out on.

              they are not being very helpful, however have sent pics and vin details, it's just I don't know where to go now for additional info on the accident... if it's the chassis then I'm away, but in then off chance it's something lesser of an issue then it's deffo a good ish risk to take. I just don't want to be spending £200 plus on a mechanic. I can't really afford the loss of that if it comes back but then I don't want to be paying 3k more at another dealership.

              thank you again

              Comment


              • #8
                Cat S means it has been structurally damaged.
                If you can't afford to have it thoroughly examined by an engineer to ensure repairs are satisfactory can you afford to buy it?
                If you do we may see you back here when you want to reject it!

                Comment


                • #9
                  I know someone who is panel beater/sprayer, and he used to repair these sort of vehicles for a dismantler. The car when repaired would look like new, but he said you never know what else has been disturbed, they only repair what it shows on the report. The MOT should pick up anything else. The value of the car is far less than a car that hasn’t been in an accident. I think there also something written on the V5 under additional notes.

                  Comment

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