Car Dealership Dispute Query

Marty Moose · 27th September 2011, 08:37 AM

Looking for some sage words of advice from the SMB on a car transaction I have recently made.

Three weeks ago my wife traded in her car for a newer one. We signed over the paperwork, there were no issues and all was well. Yesterday morning the owner of the dealership has phoned my wife claiming that the bloke who he has sold our old car to has come back to them kicking off as he has HPI checked it and discovered it was a Cat C write off (repairable, but not generally considered economically viable to do so). Understandably the bloke is not happy as this was not disclosed to him, and as a result wants the garage to knock £400 from what he paid for the car to sweeten the deal.

The fact that is was a Cat C was news to us. The car was bought privately a year ago - the bloke who sold it said it had been in a minor bump which creased the bonet, so had had this replaced along with the windshield, which had a crack. Anyway because we, in good faith, ticked the 'not involved in major accident/write off' box when sealing the deal for the new car, the garage is trying to get the money from us to pay off the new owner.

My question is, should the garage not have checked the paperwork before completing with us? Nothing was hidden in the logbook which we handed over which detailed the information that somebody in the know (i.e. with an idea about cars I don't have) could pinpoint that it was Cat C (it doesnt mention 'write off' in the book but does say it had VI check, which I now assume relatates to this) - is it not their responsibility to check before sales? Also, their website states they perform HPI checks on all vehicles before selling so how has this fella ended up with a dodgy car? Either they are lying and don't perform the check or they did, knew fine well something wasn't right and sold it on anyway hoping the new buyer wouldn't notice.

The garage bartered a bit and suggested splitting the difference - the issue is they only offered £800 for the car in the first place (was bought for £1800 last year), and Cat C or not Cat C it's worth more than the £600 we would end up getting. I have no idea how much they sold it on for to this new fella.

Apparently they were threatening to take it through the courts to reclaim their money if we didn't settle outside as we sold the car to them under the false pretence it was never a write off - I'm undecided whether he's trying to pull a fast one and bluffing in order to claw back money because they didn't do the proper checks before selling it on to somebody else.

Any thoughts?

oROSSo · 27th September 2011, 08:42 AM

doesn't sound like you have a leg to stand on after ticking that box mate. You live and learn

Harry Angstrom · 27th September 2011, 08:43 AM

Quote:

Originally Posted by Marty Moose

Looking for some sage words of advice from the SMB on a car transaction I have recently made.

Three weeks ago my wife traded in her car for a newer one. We signed over the paperwork, there were no issues and all was well. Yesterday morning the owner of the dealership has phoned my wife claiming that the bloke who he has sold our old car to has come back to them kicking off as he has HPI checked it and discovered it was a Cat C write off (repairable, but not generally considered economically viable to do so). Understandably the bloke is not happy as this was not disclosed to him, and as a result wants the garage to knock £400 from what he paid for the car to sweeten the deal.

The fact that is was a Cat C was news to us. The car was bought privately a year ago - the bloke who sold it said it had been in a minor bump which creased the bonet, so had had this replaced along with the windshield, which had a crack. Anyway because we, in good faith, ticked the 'not involved in major accident/write off' box when sealing the deal for the new car, the garage is trying to get the money from us to pay off the new owner.

My question is, should the garage not have checked the paperwork before completing with us? Nothing was hidden in the logbook which we handed over which detailed the information that somebody in the know (i.e. with an idea about cars I don't have) could pinpoint that it was Cat C (it doesnt mention 'write off' in the book but does say it had VI check, which I now assume relatates to this) - is it not their responsibility to check before sales? Also, their website states they perform HPI checks on all vehicles before selling so how has this fella ended up with a dodgy car? Either they are lying and don't perform the check or they did, knew fine well something wasn't right and sold it on anyway hoping the new buyer wouldn't notice.

The garage bartered a bit and suggested splitting the difference - the issue is they only offered £800 for the car in the first place (was bought for £1800 last year), and Cat C or not Cat C it's worth more than the £600 we would end up getting. I have no idea how much they sold it on for to this new fella.

Apparently they were threatening to take it through the courts to reclaim their money if we didn't settle outside as we sold the car to them under the false pretence it was never a write off - I'm undecided whether he's trying to pull a fast one and bluffing in order to claw back money because they didn't do the proper checks before selling it on to somebody else.

Any thoughts?

Tell them to fuck off if they are trying that. Basically calling you and your lass liars.

Quote:

Originally Posted by oROSSo

doesn't sound like you have a leg to stand on after ticking that box mate. You live and learn

Just seen that. You are right.

I personally would ask for the car back and give them £800. Say you are sorry, it was a genuine mistake and you will take the car. Then try and flog it privately for more than £400.

It will cause them hassle and they may back down if they are breaking even on the deal with the other fella.

rokerman · 27th September 2011, 09:00 AM

Threatening to go to the courts? Tell them to fuck off.

Have you tried to HPI it yourself? Maybe someone on here who is a trader might be so kind as to do this for you.

Its not unknown for an HPI check to be incorrect either because the insurance companies have made a mistake or the database hasn't been updated.

This is a genuine mistake and the garage should have checked before offering you a trade in. Isn't this a case of 'buyer beware' for the garage?

Sounds like the salesman has made a bit of a balls up. Since they advertise that all cars are HPI checked, I'd point this out to the garage and tell them that you want no further correspondence.

Typhoonftm · 27th September 2011, 09:30 AM

It's not Evans halshaw is it?

rokerman · 27th September 2011, 09:40 AM

Quote:

Originally Posted by Typhoonftm

It's not Evans halshaw is it?

That would be my guess.

Typhoonftm · 27th September 2011, 09:48 AM

Quote:

Originally Posted by rokerman

That would be my guess.

I can honestly say I've never heard a good word said about them! Bloke at graft has had his motor on with them for 6 fucking weeks now.

super-niall · 27th September 2011, 09:52 AM

If you bought a car without doing an HPI check then it would be your fault.

Every car I've ever part ex'd has been HPI checked by the dealer that's buying it. If to your knowledge the car was not a right off or involved in a major accident (a little bump, that's hardly a major accident) then you are in your rights to tell them to fuck off.

I'd expect the courts to see it this way as well and the garage is trying to pull a fast one because they've not done the HPI check in the first place which is their fault as the buyer and not yours.

Tell them to fuck off.

Pseudonym Number 1 · 27th September 2011, 09:54 AM

Caveat emptor.

Harry Angstrom · 27th September 2011, 09:56 AM

Quote:

Originally Posted by super-niall

If you bought a car without doing an HPI check then it would be your fault.

Every car I've ever part ex'd has been HPI checked by the dealer that's buying it. If to your knowledge the car was not a right off or involved in a major accident (a little bump, that's hardly a major accident) then you are in your rights to tell them to fuck off.

I'd expect the courts to see it this way as well and the garage is trying to pull a fast one because they've not done the HPI check in the first place which is their fault as the buyer and not yours.

Tell them to fuck off.

They ticked the box that it hadn't.

Personally, I would say that you told the saleman that as far as you were aware that it hadn't had an accident and he said fine.

I would say it was normal practice for a dealer to do HPI checks when buying any car.