Bought a car that’s a hidden write off

[Sooty79]

I bought a car privately last year and have recently tried to sell it where I have subsequently found out it was/is a CAT S.
when I bought the car I carried out the relevant checks that showed it wasn’t a write off, stolen etc and V5 shows no data related to being a cat S.
From what I can gather the car was written off between Jan 2023 and August 2023 as it was sold by Copart in August 2023.
So the persons insurance company didn’t inform the DVLA that it was a total loss or list it on the MIAFTR database, Copart sold the car and again didn’t tell the DVLA that the car was a ‘CAT S’ that they are legally supposed to.
In October 2023 the previous owner to me became the new keeper and I purchased it from him. At the moment I cannot say whether it was the previous owner who repaired the car or wether he was duped however it should have had an mot Dec 2023 but it didn’t get mot’d till June 24.
To be honest the car looks perfect with no obvious internal structural damage and has been mot’d and alignment done, but it’s value is now considerably less and I wouldn’t have known if there wasn’t a record from Copart as it still is HPi clear.
Do I have a case against Copart, the insurance company or even the previous owner if I can copart to say who bought the car as they should also have notified the DVLA of its status

[Pezza54]

Cat S means the car has structural damage but can be put back on the road if it is repaired properly. After repair it must be professionally inspected and re-registered with the DVLA. The DVLA will mark the new V5C with Category S and when advertised in the future the advert must clearly state the vehicle is Cat S

IMO you should write to Copart in the first instance to find out if the car was sold at auction as Cat S

It is possible that the car was written off because it was beyond economic repair but hadn't suffered any structural damage, therefore not Cat S

[Pezza54]

It is very unlikely Copart would have sold the car without advertising it as Category S because of the serious repercussions if the car wasn't repaired properly and a new genuine V5C obtained from DVLA

More likely the car was advertised and sold by Copart as Category N (non structural damage). The buyer repaired the car (Oct 23 - June 24) before getting the mot and informing the DVLA the car was being put back on the road

For category N damage repair the car does not need to be re-registered

[des8]

How did you discover the vehicle was a cat S write off?

[Sooty79]

I was selling the car to a trader when he pulled out and stated car was a cat S, I searched and carried out further history checks but all came back all clear……however I was directed to a site that could find salvage auction records and put my reg no in and sure enough the listing appeared including the . It was sold at a Copart auction and stated Cat S on the description, Copart should have informed the DVLA that they had sold a cat s as it would then need the relevant inspection to be carried out post repair to then issue the V5 and non of this has been done. The car has had a mot and 4 wheel alignment since being repaired a month before I purchased it and car does drive really well and as said the repairs look good…..but the fact it hasn’t been recorded properly by the insurance that had written it off, nor by Copart as well as the person who repaired it means they are all liable for a DVLA fine and I’m looking at a significantly devalued car that I would never have bought knowing it was a Cat S. it’s worse as I did my due diligence by carrying out a history check to make sure it wasn’t a write off so it would be interesting to know what I can do about any form of compensation from either the insurance company, Copart or even Mytextcheck that I did the vehicle history check with?

[Pezza54]

IMO you should make a claim for misrepresentation of the vehicle when the seller advertised it and sold it to you
I'm not sure how he re-registered the car with the DVLA and obtained a replacement V5C without the marking Category S
When you insured the car, your insurance company should have known the car was Cat S and informed you

[Sooty79]

It’s a nightmare scenario in many ways as the industry standard is the MIAFTR database which insurance companies are only obliged to complete when they write a car off and this is where all the checks related to accidents, theft and fraud are held and used by HPI etc.
However it is a legal obligation to inform the DVLA that it’s a total loss vehicle and they didn’t, the same applies to Copart who also failed to inform the DVLA. Whoever bought the car from Copart possibly didnt know the car wasnt recorded at the point of sale but perhaps once they realised it wasnt got a bit cheeky and returned the car to the road in a technically illegal manner.
incidentally I spoke to a bodyshop and they said they have never had to have a cat S car inspected after repairs, it does require a new mot to prove it’s roadworthy which it had.
I intended to keep the car a few years but have had some quite expensive repairs that have meant it was off the road 5 weeks over Christmas and as such needed to buy a runaround to keep me mobile. The breakdowns to be fair were a known common issue with the brand so very unlikely to be related to the accident.

[Pezza54]

It sounds as if you're going to accept that the previous owner knowingly sold you a car cat S without telling you. Would you have bought it had you known? Did the car seem particularly cheap in the advert?

[Pezza54]

Somebody told Copart the vehicle had Cat S damage, otherwise they would have advertised it as Cat N and probably sold it for more money

[des8]

The other scenario is that the insurers did notify the DVLA of the Cat S write off, but DVLA failed to record the notification.
DVLA claim never to make mistakes

[Pezza54]

OP is correct in post 7. A new mot is sufficient to prove a car is safe after Cat S car is repaired

I'm not sure what happens in the scenario when the car owner doesn't involve the insurance company and just sells the accident damaged car direct to Copart for a nominal sum and passes the new owners part of the logbook to Copart

Copart must carry out their own investigation on the damage so the vehicle can be given the right category to advertise and sell it. Cat A car must be destroyed, Cat B can be broken up for parts, Categories N and S can be repaired and put back on the road

[Pezza54]

Just googled my question post 11 and obtained the following:
The salvage company should follow the "Code of Practice for the Categorisation of Motor Vehicle Salvage" at www.abi.org.uk
Clause 3.3 the vehicle should be inspected by a suitably qualified person and appropriate qualifications are stated

[Sooty79]

The car was reasonably cheap in comparison to others however I always carry out the HPI check. There was no evidence to say the car had been damaged previously as there’s no difference in colour or odd quirks.
the damage I’ve seen would definitely suggest cat s as the rear quarter, rear passenger door had quite heavy damage and the rear wheel axle had sheared off on that side. The slight get out clause the previous owner said it was taken in px there was 2months between sale at Copart and him being the registered keeper but then to have 7mths without an mot is very odd and an 8 year old car.. it’s entirely possible it was repaired in 2 months and moved on but I suspect he found out in a similar way to me by trying a trader as he showed me the quotes from motorway and carwow (carwow are the ones who informed me it was a write off).

my main hope is claiming against Copart or the insurance company for not registering the car really

[Pezza54]

Only registered members can view full details for a car advertised by auction at Copart website
However at another vehicle auction house, RAW2K, more details of cars for auction are provided for general public viewing on their website
For vehicles given CAT S the MIAFTR Entry Date is provided

On that basis, if Copart act the same as Raw2k, advertising the car as Cat S, they obtained this information from MIAFTR

Begs the question, how did the previous owner after repairing the car, re-register the car and obtain a replacement logbook without the marking CAT S

You can't make a claim against Copart or the insurance company as you didn't have a contract with them

[Pezza54]

Some customers to get a car repaired on the cheap, agree with the garage that they can take their time, and work on repairing it when they have free time (in between jobs, weekends)
That may explain the reason why the car was without mot for 7 months