alcazar

iTrader: (2)

Bought a car this weekend for my youngest. The deal was his car plus some cash and a small finance in his name for the new car.

All paperwork went through, finance etc the deal signed LAST saturday, 05/01/08, and the car collected THIS saturday, 12/01/08.

This morning, the dealer has rung me to say that the paperwork NOW shows the car we px-ed as a CatC write off.

When I asked him the date, it shows up as over a year BEFORE WE bought it privately.(April last year). It was listed as CatC in Feb 06.

We DIDN'T know, we never got it HPI'd, (yes, I know), and our insurers never said owt, nor when it was involved in an accident and repaired in April last year.

The dealer is now saying we have to give them another £700 or lose the car we have. He said it's because the deal included some small finance, (£2000), and that can't go through as our car was CatC. Even though WE sold it, (and BOUGHT it) in good faith.

Where do we stand?

Any advice gratefully accepted.

Alcazar

jaytc2003

iTrader: (1)

if you didnt know then I dont think they could do anything as if they were effectively buying it from you then surely it must be there responsibility to check beforehand via hpi

Jamo

iTrader: (23)

id suggest they are trying it on, surely the deal has been done and they should have hpid it before they swapped cars money and keys with you.

at worst go and see a solicitor, dont just go and give them more money, its got to be buyer beware, shoe on the other foot what do you think they would say?

I seriously doubt they can go back on a deal because they didnt follow their own procedures propperly.

James

f1_fan

iTrader: (9)

Unless you categorically denied it was a write off in answer to a direct question of that nature I don't think they have a leg to stand on. They took your car as part payment, some cash as part payment and the finance is on the remainder of the payment - nothing to do with the car you traded in.

Check with Citizen's Advice to be sure, but I think you can tell them to take a running jump.

boxst

Hello

They should have done their due diligence before they signed the contracts and gave you the car. It sounds as though they made a mistake and are trying it on.

Unless you signed something that said it isn't a write-off I would just say 'no' and see what happens.

Steve

billythekid

I take it the finance was with a 3rd party? In which case they have no say so over this aspect of the deal.

Also, I would assume that they should make all checks - EVERY time I have traded a car in over recent years (8+) the FIRST thing the sales person does is a full HPi check. Then if anything shows up they know from the start.

Dracoro

Might be an idea to check if it really it a cat c write off.

[Davey]

Its the dealers responsibility to check your car.. As a private seller you are not obliged to know the history of the car BEFORE you owned it..

Simple as.. You do not need to pay the £700.. The dealer made a mistake and they will now pay for it.

Personally (as long as you are being honest and you didnt know about the history) I think you are lucky

Brendan Hughes

Dealer is an expert, you are not - I imagine that means they have a lot more burden of proof than you. Otherwise, go to CAB (possibly Trading Standards, not sure).

billythekid

If it turns out not to be a CAT-C I would go to the BiB as its a deception..

Bakerman

I agree, providing you didn't state either verbally or written then they are at fault for not checking it out (the same way you would have no comeback if you were buying privately unless you had asked the specific question). They should have made a conditional offer based on the results from an HPi report. I do not know the legality of it all but I would resist paying as much as possible.

alcazar

iTrader: (2)

Right, where we are now:

Spoken to Citizen's Advice who put me on to a national number, something to do with Trading Standards.

They in turn, told me to approach the Finance Company to see if the loan has been "executed", as, if not, both the dealer and us have the right to withdraw without giving reasons.

That would leave me stuffed as I'd have to renegotiate the deal.......

HOWEVER: Finance Co. have said the finance DID go through and the dealer was paid out yesterday.

I queried it being a sunday, and the girl said no probs, the dealer cannot now withdraw without my agreement. We didn't have an agreement number either, but she found us on name and addy, DoB, and dealer's name and addy.

I've told the dealer this, and his answer was, "I'm stuffed then".

I feel sorry for the dealer as he was a really top guy, but in the end, I wasn't at fault, unless you count not asking for HPI on the car when I bought it.

Alcazar

Jamo

iTrader: (23)

better them than you.

Abdabz

It seems from experience that on the odd occasion this happens, the salesman plops his y-fronts and tries it on with the innocent customer. This is probably because his boss will chew his ********* off for skipping procedures and not checking the part-ex car properly.
I am glad that you are sorted ... Shame for the dealer but he wont make the same mistake again...

EddScott

I wouldn't like to be a car salesman and not own the place. Next door to us is a Skoda dealership and they also have a seperate lot for the trade ins.

The rate of new salesman in and out is shocking. They last a few months at best.

alcazar

iTrader: (2)

Yeah, I genuinely feel for the guy, we both liked him.

If he'd come to me and said that it was worth £700 less and would we meet 'em half way, I might have done so, but they wanted the whole £700 off us

Alcazar

shaunywrx

If this is true, then why do'nt you go and speak to him, and offer something (maybe £200 or so) as a gesture of good will, it will make you feel a better person for it.