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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70711
Experience:  Over 5 years in practice
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Hi there Im kicking myself - Ive just been informed that

Customer Question

Hi there

I'm kicking myself - I've just been informed that the car I bought in good faith from a colleague is a CAT D car ! The garage he brought the car off did NOT disclose to him that the car was indeed a CAT D vehicle - Highly embarrassing to find out from the dealer I was buying from that the car was not worth the original offer price, but that asides, I would not have bought the car in the 1st place had I been aware the vehicle was a CAT D motor - Do I have a case against the garage or is it my own dumb luck that I trusted a colleague and bought in good faith instead of doing an HPI check ?

Do I have any rights against the garage for misrepresentation ?

Thanks in advance

Dave O'
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Was your colleague aware that the vehicle was a Cat D please?
Customer: replied 3 years ago.

Hi - He states that he was not aware and would not of bought the car either

Expert:  Jo C. replied 3 years ago.
Are there any faults with the car?
Customer: replied 3 years ago.

None - passed all subsequent MOT's

Expert:  Jo C. replied 3 years ago.
Did they say anything misleading or untrue about the vehicle?
Customer: replied 3 years ago.

Not to my knowledge - he thought as far as I'm aware he was getting a legit vehicle, the same as me - he was NOT informed it was a previous write off

Expert:  Jo C. replied 3 years ago.
Well, you are getting a legitimate vehicle. It has no faults and there is no duty to disclose a write off.

A cat D write off just means that an insurance company somewhere have taken the view that the car is beyond economical repair. It doesn't mean that it cannot be repaired or that when repaired it is any less safe than any other vehicle. Indeed, this one passed an MOT.

If there was suggestion that you had asked directly and been given misleading information about the history of this vehicle then you might be able to claim something on the basis of misrepresentation but thats not your position.

It is fair to say that Cat D write offs do generally reduce the value of a vehicle a little but if its just that you have paid more than a vehicle is worth then I'm afraid that is not actionable.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Jo


 


Thanks for clarifying my position for me - Guess I'll have to put this one down to one of life's lessons, still sucks though :-)


 


Thanks for your prompt reply and service, much appreciated


 


Dave O'

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.