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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I purchased a car a few months ago from a private seller I

Resolved Question:

I purchased a car a few months ago from a private seller I found via the Auto-Trader website. Before buying I purchased their on-line vehicle check from Experian. The check came back negative, apart from a warning that the car had been imported in 2012, which I already new. No insurance write of or outstanding HP were highlighted. Last weekend I was in a car dealer looking to change the car. The dealer ran their own check via HPI which found that in fact the car has been a category D insurance write off. I have already contacted Experian & they are investigating. What are my legal rights?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did the private seller say that the vehicle wasn't an insurance write off?
Customer: replied 2 years ago.

No, the seller did not disclose anything. I made the check through Auto-traders vehicle checking service. This service is provided by Experian. It is this check (which was paid for through Auto Trader) that came back with negative results for write off. I have a copy of the report

Expert:  Jo C. replied 2 years ago.
It doesn't matter if he failed to disclose it.
Did he actually say anything untrue?
Customer: replied 2 years ago.

Not that I am aware. Please note that my issue is NOT with the private seller but with Experian. They provided a service that I paid for which failed to alert me to the fact that the car was a write off. On the strength of this report I purchased the car. I now turns out that the car has in fact been written off

Expert:  Jo C. replied 2 years ago.
I agree with you that the issue here is not with the Private Seller but with the reference company.
They are in breach of the provisions of the Supply of Goods and Services Act for failing to carry out the contract the job with reasonable care in skill.
As a result of the breach you have possibly suffered loss.
The amount of your loss would be the difference between what the vehicle is worth now as a cat D write off and what it would have been worth with a clean history.
If you have difficulty getting that loss from Experian you can make a formal complaint to the Financial Ombudsman Service or issue Small Claims Court proceedings against Experian.
If you think that they are unnecessarily delaying dealing with the matter, make a formal complaint and if that doesn't resolve it, then refer it to the Ombudsman.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69780
Experience: Over 5 years in practice
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