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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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Hi, I have just bought a car from a private seller, and found

Customer Question

Hi, I have just bought a car from a private seller, and found out the car was registered as a Cat C write off. can you please advice what my rights are? thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this

Did he say at the time of the sale that the vehicle was not a cat c write off?

Are there any apparent faults?
Customer: replied 3 years ago.

I asked verbally if the car had been involved in any accident, she said not to her knowledge.


I am not an expert, and therefore, I can't tell about apparent faults.


The car was advertised on Ebay, and no mention of damage on the advert.


 

Expert:  Jo C. replied 3 years ago.
No, but there doesn't need to be.

Is there any concern that the car does have faults? Are any manifesting?

If the only issue is that this was not disclosed then its going to be bad news I'm afraid.
Customer: replied 3 years ago.

I only drove the car Saturday, to bring back to my home, as its a present for my grand daughter. therefore I don't know if there are any faults.


The registration of a Cat C was back in 2009.


All really want to know is if I can ask for my money back?

Expert:  Jo C. replied 3 years ago.
Thank you.

I'm very sorry but it's likely to be bad news here.

There is no obligation to disclose a cat C off to a buyer. A cat C write off is just an insurance decision that a vehicle is beyond economical repair. There is no reason that a vehicle cannot be repaired if somebody is prepared to do so.

This is a private sale and so the sale of goods act does not apply. That will mean that they vehicle does not need to be fit for purpose although, under the general law of contract, it should be as described.

The truth is here that the closest you can come to a claim is in misrepresentation on the basis that you seem to have asked whether or not the vehicle was involved in an accident and you were told that it had not been which was untrue.

The practical reality though is that probably all you would get if you went to court is the diminution value between the sum that you paid and the price that the vehicle would have been worth if the Cat C writes off had been taken into account.

That said, you could complain to eBay.

You could also sue and see whether or not he makes you an offer. Often people do to avoid the upheaval of litigation.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo