Cat S and rights?
Author
Discussion

Wesley-glc7j

Original Poster:

5 posts

Hi all, my sister in law bought a car from a garage in March 2020, she's just gone to trade it in and has been told it was a Cat S in Nov 2019.

It's obviously now worth less than expected as part X.

The garage who sold it to her are denying and knowledge.

Did they have to tell her it was a Cat S? She has all the original adverts and sales details etc.

It's only a Quashqai so a couple of K difference but still all adds up!

Thanks all.

S8QUATTRO

920 posts

169 months

I think a legit garage with a good reputation would accept responsibility and maybe offer some goodwill.

You would like to think a garage selling cars would hpi/history check stock before selling

Wesley-glc7j

Original Poster:

5 posts

That's what I thought but they are denying all knowledge.

I can't imagine a garage not hpi checking cars.

After checking it over it's been pretty bodged too. Evidence in the spare wheel well and the crash bar has been welded down the middle!

Davie

5,688 posts

234 months

What does she want from this... and what have the supplying dealer responded with?

Opapayer

126 posts

4 months

She could have maybe paid a few quid for her own check. Car sales, especially secondhand car sales, isn’t the most scrupulous of industries.

Wesley-glc7j

Original Poster:

5 posts

Ideally the garage that sold it to her to buy it back at a non cat px value.

Davie

5,688 posts

234 months

Wesley-glc7j said:
Ideally the garage that sold it to her to buy it back at a non cat px value.
Is she PX'ing back into the same dealer she bought it from? If so has she provided the original advert that states it's Cat clean? What has been the dealers response? But to be fair, 5 years down the line...

Decky_Q

1,861 posts

196 months

Have you asked them to make an offer?

Buying it back would be the least hassle way of settling this, so pursue this as Avenue 1. If they can match the trade in price she was offered by garage 2 then everyone is happy.

Kevin-2g5x2

76 posts

58 months

If she paid a reduced price when purchased against the market value of a 'straight' car then don't think any recourse, however if she paid the normal market value for it then she has incurred a loss due to it being a non declared Cat S think a solicitors letter to the dealer might encourage them to offer some recompense.

Wesley-glc7j

Original Poster:

5 posts

Thanks,
She paid market value and financed it.
She's bought a 4 year old mini from the mini dealer and was alerted when she went to px her nissan.and was offered £1500

She didn't px it as non cat was more like £3500.

The garage she bought it from are denying everything.

I don't think they actually had to tell her though.

CMTMB

120 posts

14 months

If they knew, they had to tell her. Proving they knew probably wont be easy.

Davie

5,688 posts

234 months

Not wishing to state the obvious here, but have you actually checked... is it a Cat S or is the Mini dealer the villain here!

Wesley-glc7j

Original Poster:

5 posts

Yea, I checked and it was 3 months before they sold it to her

Smurfsarepeopletoo

952 posts

76 months

The write off status is normally listed on the V5, so probably should have been picked up when she received that, and probably shuould have been on the V5 that the garage had.

Likelihood is that the previous owner bought the car back from the insurance, fixed it cheaply, and then sold it without saying anything, and ended up quids in.

Wilmslowboy

4,587 posts

225 months

My understanding is the selling dealer had to disclose that it was a Cat S. If they didn’t know, that’s their problem, not hers. If she still has the car advert to support her position and they failed to disclose it, she should ask them to buy it back from her or pay her the £2,000 difference.

The honest john advice is if they dealer is unwilling to support, she should go to trading stds.


https://www.honestjohn.co.uk/askhj/answer/169171/d...


stevemcs

9,697 posts

112 months

Wilmslowboy said:
My understanding is the selling dealer had to disclose that it was a Cat S. If they didn t know, that s their problem, not hers. If she still has the car advert to support her position and they failed to disclose it, she should ask them to buy it back from her or pay her the £2,000 difference.

The honest john advice is if they dealer is unwilling to support, she should go to trading stds.


https://www.honestjohn.co.uk/askhj/answer/169171/d...
I always thought if you asked they had to answer, if you don't then they don't have to tell you.

Is it on a private plate ? sometimes the catagorey status ties to the number plate

You should always run a HPi check regardless of what the dealer says.

Wilmslowboy

4,587 posts

225 months

stevemcs said:
I always thought if you asked they had to answer, if you don't then they don't have to tell you.

Is it on a private plate ? sometimes the catagorey status ties to the number plate

You should always run a HPi check regardless of what the dealer says.
If it's a dealer, they have to tell you, regardless if you ask or not, its classed as material information (just like if it's been a rental or taxi).


MDMA .

9,858 posts

120 months

Wilmslowboy said:
stevemcs said:
I always thought if you asked they had to answer, if you don't then they don't have to tell you.

Is it on a private plate ? sometimes the catagorey status ties to the number plate

You should always run a HPi check regardless of what the dealer says.
If it's a dealer, they have to tell you, regardless if you ask or not, its classed as material information (just like if it's been a rental or taxi).
Mandatory for dealers to tell you and display in the advert. Not for private sales.
I’d go back to the dealer with proof of the advert not showing it and copy of the HPI showing the date it was listed.
Looks like the dealer has done a quick flip after repair work.

ZX10R NIN

29,634 posts

144 months

It may be that when they sold it the vehicle wasn't showing as a CAT S sometimes there's a delay in the CAT being registered vs when the insurance company Cat'd the vehicle.

Unfortunately it's going to be hard to prove (always always do your own checks & never assume anything) it'll be hard to prove they knew.

Do you want to get tied up in arbitration or does she want to move on, once you have the answer to that question, once she decides that then you can go from there

andrewcliffe

1,398 posts

243 months

My father once had a car that a previous owner had put a private plate on. The private plate had been on a category car before and in the eyes of some agencies the category marker had managed to infect our car as well. Eventually sorted out...

What does the V5 say?