Cat D help

Hi I bought a Discovery around 6 months ago and a nice one it was too (54 plate ). Top of the range ES and paid cash from a guy on Autotrader. Decided after about 4 months I needed a Defender again and found a Truck Cab at a garage and we did a deal on a PX plus cash for the Defender.

All has been rosy for a month or so until yesterday I had a call from the garage to tell me that the Discovery had come up as a CAT D damaged ( SEPT 2010 before I bought it ) and they can't sell it to someone on HP as its a write off. Obviously I didn't know it was CAT D and I can't find the number of the previous owner ( the garage asked me for info). They are a bit miffed and starting to sound a bit arsey towards me, obviously thinking that I knew it was!

I am still waiting for the log book on the new Defender ( I have new keepers supliment anyway )but I have had a confirmation from DVLA that the Discovery is not mine anymore.

What do you think I should do, can the garage come and take my Defender away or is it their fault for not checking ( said first HPI came back clear but 2nd didn't)

Any help appreciated.

Walshy

It's their fault and their problem now, they accepted it

They should have checked it!!!
If they do a hpi check it will come up with the Cat D and also the date of the insurance write off - never buy any vehicle without doing a HPI check first!!!

That's what I thought ( and hoped). I have copies of all paperwork signed by the garage/dealer and me. I presumed I should be ok but you never know!

Can't see how you can be liable in this case. They p/x'd with you it's up to them to make the appropriate checks

Agreed, you've had notification from DVLA that you're no longer the registered keeper for the disco so I wouldn't worry. Their problem. And no they can't come and take the fender, if the paperworks been sent to the DVLA then that's that. As daz said its the garages fault for not doing sufficient checks beforehand.

the_wolf said:

Agreed, you've had notification from DVLA that you're no longer the registered keeper for the disco so I wouldn't worry. Their problem. And no they can't come and take the fender, if the paperworks been sent to the DVLA then that's that. As daz said its the garages fault for not doing sufficient checks beforehand.

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PHEW! I expect them to be on the phone to me tomorrow again, had about 40 phone calls missed from them friday and saturday. I've done nowt wrong and it wasn't on the V5.

could be worth puting with a solicitor and tell garage to deal only with them, prob hear no more of it then

Don't expect them to give up trying. You can expect them to say "Ah, but the V5 only shows who is responsible for the vehicle, it doesn't mean that you own it" or something similar. However if you have receipt from them for the car and any money that you handed over then that is a contract. You, as a private individual, can expect them to put right any faults that you find on your new car but they should not pursue you.

Only when selling a house are you legally obliged to inform the purchaser of any problems or issues.

lol....

The Ferkin BoB said:

lol....

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In my favour hopefully! Thanks for the help and for putting my mind at ease!

I think they're just trying the arsey tactic to separate you from your money and an easy refund.
As has been said it's their own cock up.

Tell them to use the My Car Check on the Iphone. dead easy.

if you did recieve or where phone that many times. Lodge a complaint on harrasment as well.

CAVEAT EMPTOR - BUYER BEWARE.

This is purely and simply down to the garage - you were under no legal obligation to tell them it was a cat d although morally if you had known you should have told them.

Seems to me you came out of this pretty well.

If they take you to court they will lose because the law states that it is the purchaser's responsibility to check the provenance of used goods.

I find it hard to believe that a garage would ever accept a car in PX without checking the database first - so from that point of view I suppose they have got what they deserved!

Out of interest, why did you not check out the vehicle before you bought it?

Tell them they're harassing and any further calls received by them shall be charged at £10 for processing along with the possibility of a harassment claim

griffman said:

CAVEAT EMPTOR - BUYER BEWARE.

This is purely and simply down to the garage - you were under no legal obligation to tell them it was a cat d although morally if you had known you should have told them.

Seems to me you came out of this pretty well.

If they take you to court they will lose because the law states that it is the purchaser's responsibility to check the provenance of used goods.

I find it hard to believe that a garage would ever accept a car in PX without checking the database first - so from that point of view I suppose they have got what they deserved!

Out of interest, why did you not check out the vehicle before you bought it?

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Oooooh i'll take a wild stab in the dark at that one.........PRICE??

griffman said:

CAVEAT EMPTOR - BUYER BEWARE.

This is purely and simply down to the garage - you were under no legal obligation to tell them it was a cat d although morally if you had known you should have told them.

Seems to me you came out of this pretty well.

If they take you to court they will lose because the law states that it is the purchaser's responsibility to check the provenance of used goods.

I find it hard to believe that a garage would ever accept a car in PX without checking the database first - so from that point of view I suppose they have got what they deserved!

Out of interest, why did you not check out the vehicle before you bought it?

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I bought it from Autotrader which was for sale and advertised from a garage ( which is a fairly large operation) and this was the directors wife's motor. I met the guy, looked at it and it was lovely. Thought about it for a few days and then bought it. Nevr looked dodgy, checked the usual chassis numbers/log book etc.. and it was as it should be. I could not see any damage or repairs at all. It just didn't seem dodgy at all! Obviously in hind sight I should of HPI checked it and I'm glad now that I don't have it!

Funkykipper said:

Oooooh i'll take a wild stab in the dark at that one.........PRICE??

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Nah not price as it was £7500k so not cheap!

Dr_evil said:

Tell them they're harassing and any further calls received by them shall be charged at £10 for processing along with the possibility of a harassment claim

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Hmmm
wonder how long a parked landie takes to be damaged,
catches fire,
or reguarly needs puntured tyres repaired.


two sides to a coin,
but car dealers see only there side, not yours,
and most are "not nice people"

easye1 said:

Hmmm
wonder how long a parked landie takes to be damaged,
catches fire,
or reguarly needs puntured tyres repaired.


two sides to a coin,
but car dealers see only there side, not yours,
and most are "not nice people"

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yeah but hey have more tyres windows and paint work on ther forecourt swings both ways