Mis sold car - Told it was Cat D but actually Cat C

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Thu 8 Aug 2013 12:14
Mis sold car - Told it was Cat D but actually Cat C - Mrboombastick

Hi,

I bought a used car a few months ago, Ive not been getting on with the car and have decided to move it on.

I did a check online (HPI) and established that the car was actually Cat C as opposed to a Cat D which I was told at the time of purchase and is documented on the invoice.

I would not have bought the car had I known it was a Cat C.

Can anyone offer any advice from a dealers point of view as to whether the dealer has fulfilled their obligations or if I have in fact been mis sold the car and as such would be covered under the Sale of Goods Act.

Cheers

Edited by Mrboombastick on 08/08/2013 at 12:20

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Thu 8 Aug 2013 13:29
Mis sold car - Told it was Cat D but actually Cat C - tony g
Hi,
Well clearly the dealer misled you and you have it in writing to confirm you were misled .

However to pursue the dealer through the courts you would have to prove you lost money as a result of the dealers actions ,which would be difficult to do .

You would need the opinion of an expert who would be willing to appear for you in the SCC to confirm what your loss is . Just to have an expert consider your possible loss would cost at least £100 and possibly double that for him to give his opinion in court .

You are likely to lose in the SCC ,because the dealer could argue that although the car could have been more extensively damaged as a cat d .It also had to pass a VIC test before it was allowed back on the road .


The best suggestion I could make is ask the dealer how much he would give to buy the car back
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Thu 8 Aug 2013 14:23
Mis sold car - Told it was Cat D but actually Cat C - pd

Slightly off-topic but insurers seem to make it up as they go along with regard to whether a car is Cat C or Cat D. It does not necessarily follow that a Cat C car is more damaged than a Cat D one. I had a car declared a Cat B a couple of years ago which I had been quite happily been driving around in for 2 weeks after the accident before it was written off.....!

It seems to depend on how and who they are going to dispose of the car to as much as what the damage is.

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Thu 8 Aug 2013 14:42
Mis sold car - Told it was Cat D but actually Cat C - Mrboombastick

Many Thanks for your response.

I believe I have a case under the Sale of Goods Act 1979 as the dealer has "mislead' me into thinking the car was Cat.D and as such had not been subject to as severe damage as it actually had - flood damage.

I note comments about the difference between Cat.D and C being minor in many cases but I believe my case should focus on the fact that I was sold the car as Cat.D and its actually Cat.C.

I did a bit of research at the time of purchase and was happy that Cat.D is as a result of minor damage. Had I known it was Cat.C I would not have gone ahead and bought the car.

Ive spoken to Trading Standards who seem to think I have a case under the Sale of Goods Act, they also advised that as I paid for a portion of the car using a credit card that I will be covered under the Consumer Credit Act 1974 which makes the credit card company jointly liable.

Many Thanks

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Mon 12 Aug 2013 11:45
Mis sold car - Told it was Cat D but actually Cat C - martint123

The log book (V5c) should have had an indication that it was Cat C as well. Cat C need a VIC whereas Cat D does not and this is in the log book.

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