Car is write off , dealer didn't tell me

[seduraed]

I recently bought (about five Weeks ago) a Dacia estate for around three thousand fie hundred pounds. The vehicle i discovered today had been classed as category S write off. Had i been informed i would not have bought the car .
Do i have any comeback on the dealer?

[Pezza54]

Category S is for cars that have received structural damage but if properly repaired can be put back on the road
The dealer should have known the car was classed category S and included information about this on any advert for the car and also made sure any potential customer was aware about the car's history
The dealer is guilty of negligent misrepresentation under the Misrepresentation Act

[seduraed]

Category S is for cars that have received structural damage but if properly repaired can be put back on the road
The dealer should have known the car was classed category S and included information about this on any advert for the car and also made sure any potential customer was aware about the car's history
The dealer is guilty of negligent misrepresentation under the Misrepresentation Act

The damage is such that the mounting on the radiator have been damaged and the radiator is incorrectly positioned and in such a way that the broken mounting damages the coolant line . the repair is likely to be in excess of five hundred pounds.

[echat11]

How did you pay for it? Did you pay by Credit Card?

[Pezza54]

Do you want to reject the car for a full refund or obtain a partial refund from the dealer to cover the repair cost?
A category S vehicle will cost more to insure and may be difficult to sell on

[seduraed]

It turns out i have made a mistake ,the category S was mentioned in the ad apparently, though i have no recollection of that fact. I have exceeded the thirty days but sent the dealer a replace or repair letter . It has had some repairs. The radiator has been pushed backwards such that the fan cowling rubs on the oil coolant pipe and the air con pipe. I found the fault last Wednesday when the engine overheating light came on . I am nnot so bothered about he car not be sellable in the future i usually drive my cars to destruction . The car cam back from the Garage Monday and I sent the dealer the letter that evening.
The question is are historic ads on car gurus and autotrader retained?

[Pezza54]

I don't know the answer to your question. You should ask cg and autotrader
I have read one poster saying autotrader couldn't supply a copy of the advert and another poster stating they managed to obtain one.
Always advisable to print the advert before it disappears from their website

Do you believe the car was mis-sold even though the advert mentioned it was category S?

[echat11]

I don't know if the following helps?

https://cachedview.com/

[seduraed]

To me the car was mis-sold insofar as it should not need extensive repairs when it has driven less than around a thousand miles from my purchase.
Even a damaged car should be covered by consumer protection rules as fit for purpose and of merchantable quality . My regular mechanic won't even attempt repairs on it as the to fix the radiator the front needs to be removed. This involves removing the bumper which would be badly damaged in the process and need to be replaced.
I just wanted a car to go around town and take the dogs out with occasional long journeys. My prearticular reason for buying the car was to go to Wales from Cambridge so that i could be at my wife's graveside for the 1st anniversary of her her death on the 22nd November.

The dealer sent one email saying that it was s class and the he is not responsible for the repair and won't offer a partial or full refund. I want to take him to court having lost my savings and my car. I don't think having a working car having paid three and half thousand pounds is unreasonable. .The car is undriveable without more being spent . I don't have the money to do this. I gave him two weeks to help is there anything else I can do ?

[des8]

The car has broken down within 6 months of purchase.
CRA2015 deems that faults arising within that period were present when the vehicle was delivered.(unless the dealer can prove otherwise)
You have the option of rejecting the vehicle (but the dealer has the right to try one repair) or demanding a repair or replacement, or receiving a price reduction.

I would seriously consider sending a letter of claim, and following through if necessary. (and forget about misrepresentation and settle for breach of contract)
Your claim can include "damages" so you could possibly include the cost ogf hiring a vehicle to enable you make your journey to Wales

[echat11]

Sorry for your loss.

You still haven't answered how it was payed for.

[tesla6518]

I am confused. you say that you were not aware that the car was listed as Cat S, when you insured the car the insurance company would have informed you of this and asked if you wished to proceed.

[seduraed]

The car was paid for with a visa debit card via my Nationwide Account. I paid a deposit of £200 and the balance on collection . I have offered the Dealer the chance to communicate and repair or refund. He flat out refused to refund as it was cat s and i should have known . .That was initially and I offered the dealer the chance at rectification He has not responded to my email yet . I am willing to accept a good quality repair which is independently inspected. The dealer was sent the request about his responsibilities two weeks ago and has not even acknowledged the email. Should i move to a letter before action ?

[des8]

I would send a Letter of claim , but at the same time start a chargeback. (https://www.nationwide.co.uk/help/pa...ing-a-payment/)

If the chargeback is successful you can discontinue the claim

[seduraed]

should i send a letter before action?