I found out my car was declared by insurance total loss after I bought it.

Watch
Cristian130
Badges: 6
Rep:
?
#1
Report Thread starter 4 weeks ago
#1
Hi boys,

I have a complicate situation, in January I bought a car from a private seller and after 3 weeks driving I had a small incident with the car ( I hit a deer ) , no one got hurt because I had like 15 miles, it was a bad road in the wood and the deer just run off after I hit him.
I called my insurance to change my front grille and bonnet safety mechanism ( other car parts were not touched).
They called me and told that someone from a local garage will come and take the car to shop to replace the parts.
After they took off the from grille they notice the car was involve in an accident before I bought it, and the car have some serious damage to the radiator, AC, front reinforcement and other metal parts are bend and they need immediately replacement ( you cant notice then the bumper and grille are fixed).
After that they checked my car and they told me that they found it marked with N category which means non structural damage.
When I bought the car the owner told me the car is like a brand new car and it was never involved in an accident and when he did the last MOT at Mini cooper they changed the front Headlamps because they was insecure, and he told me as well the car was bought from a Dealership.
I call to mini cooper and they told me he declined the invoice to pay for headlamps and they changed for him front pads and got a reject from MOT at Mini Dealer and he made MOT after 5 days to other MOT.
So now I have a legal proof of not changing the insecure lamps, and messages from him he did, I got a invoice for replacing the parts for 4.500 pounds after I pay him almost 10k for the car.
I got many conversation of him telling me the car is perfect and it is not.
Now legally where I'm standing?
Can I make a small claim against him with all proof I got?
I ask him many times I am a new driver in the UK and I want a car with no incident and he lied to me and his wife too.
I got them on both on screenshot conversation.
0
reply
IWMTom
Badges: 20
Rep:
?
#2
Report 4 weeks ago
#2
(Original post by Cristian130)
Hi boys,

I have a complicate situation, in January I bought a car from a private seller and after 3 weeks driving I had a small incident with the car ( I hit a deer ) , no one got hurt because I had like 15 miles, it was a bad road in the wood and the deer just run off after I hit him.
I called my insurance to change my front grille and bonnet safety mechanism ( other car parts were not touched).
They called me and told that someone from a local garage will come and take the car to shop to replace the parts.
After they took off the from grille they notice the car was involve in an accident before I bought it, and the car have some serious damage to the radiator, AC, front reinforcement and other metal parts are bend and they need immediately replacement ( you cant notice then the bumper and grille are fixed).
After that they checked my car and they told me that they found it marked with N category which means non structural damage.
When I bought the car the owner told me the car is like a brand new car and it was never involved in an accident and when he did the last MOT at Mini cooper they changed the front Headlamps because they was insecure, and he told me as well the car was bought from a Dealership.
I call to mini cooper and they told me he declined the invoice to pay for headlamps and they changed for him front pads and got a reject from MOT at Mini Dealer and he made MOT after 5 days to other MOT.
So now I have a legal proof of not changing the insecure lamps, and messages from him he did, I got a invoice for replacing the parts for 4.500 pounds after I pay him almost 10k for the car.
I got many conversation of him telling me the car is perfect and it is not.
Now legally where I'm standing?
Can I make a small claim against him with all proof I got?
I ask him many times I am a new driver in the UK and I want a car with no incident and he lied to me and his wife too.
I got them on both on screenshot conversation.
Did you ask whether it was a recorded write-off when you bought it?
0
reply
Dunnig Kruger
Badges: 14
Rep:
?
#3
Report 4 weeks ago
#3
Expect him to carry on lying. He will say he declared the condition to you.

It's all down to what you can prove at this stage.

Thanks for posting your story. It's a good warning on how spending £10k is no guarantee that the car you're buying is any good.
3
reply
tinygirl96
Badges: 21
Rep:
?
#4
Report 4 weeks ago
#4
No advice but you are in my prayers.
1
reply
Cristian130
Badges: 6
Rep:
?
#5
Report Thread starter 4 weeks ago
#5
(Original post by Dunnig Kruger)
Expect him to carry on lying. He will say he declared the condition to you.

It's all down to what you can prove at this stage.

Thanks for posting your story. It's a good warning on how spending £10k is no guarantee that the car you're buying is any good.
I ask him to tell true about any condition of the car, if the car was involve in an accident or have any issue that should I know.
He keep saying me that the car is like a new one.
I got him all in writing saying that and the car is perfect with no isuue.
0
reply
IWMTom
Badges: 20
Rep:
?
#6
Report 4 weeks ago
#6
(Original post by Cristian130)
I ask him to tell true about any condition of the car, if the car was involve in an accident or have any issue that should I know.
He keep saying me that the car is like a new one.
I got him all in writing saying that and the car is perfect with no isuue.
So you asked the question "has this vehicle ever been in an accident?" and he responded "no"?
0
reply
Cristian130
Badges: 6
Rep:
?
#7
Report Thread starter 4 weeks ago
#7
(Original post by IWMTom)
So you asked the question "has this vehicle ever been in an accident?" and he responded "no"?
Yes!
0
reply
IWMTom
Badges: 20
Rep:
?
#8
Report 4 weeks ago
#8
(Original post by Cristian130)
Yes!
This written evidence of yours.. what form does it take exactly?
0
reply
Cristian130
Badges: 6
Rep:
?
#9
Report Thread starter 4 weeks ago
#9
(Original post by IWMTom)
Did you ask whether it was a recorded write-off when you bought it?
I ask him if the car have hidden issues and if had any damage. I’m pretty sure any damage means write off too. More then that he told me got the headlamps changed to Mini Cooper Dealership because were insecure, and I call Mini Dealer and they told me he declined the replacement because of the hight price and he Fail MOT because the lamps brackets were cracked. After 5 days he pass the MOT to other Garage and he never replace the headlamps he just glue them back for passing the MOT. I got all conversation with him on my phone and all the legal paper for declining the replacement. If you sell an unroadworthy vehicle and you lie about real condition of the car is ok? That’s a criminal act in my opinion.
0
reply
IWMTom
Badges: 20
Rep:
?
#10
Report 4 weeks ago
#10
(Original post by Cristian130)
I ask him if the car have hidden issues and if had any damage. I’m pretty sure any damage means write off too. More then that he told me got the headlamps changed to Mini Cooper Dealership because were insecure, and I call Mini Dealer and they told me he declined the replacement because of the hight price and he Fail MOT because the lamps brackets were cracked. After 5 days he pass the MOT to other Garage and he never replace the headlamps he just glue them back for passing the MOT. I got all conversation with him on my phone and all the legal paper for declining the replacement. If you sell an unroadworthy vehicle and you lie about real condition of the car is ok? That’s a criminal act in my opinion.
The reason I asked is because he's not obligated to offer that information up unless you ask for it.
0
reply
Cristian130
Badges: 6
Rep:
?
#11
Report Thread starter 4 weeks ago
#11
(Original post by IWMTom)
This written evidence of yours.. what form does it take exactly?
I asked property questions to tell me if car had a bad history and if any hidden issue. I forgot to tell in the first post that the bonnet of the car is from second hand and it was repaired and repainted. The engineer inspected the car told me is unroadworthy when buy it and this is a criminal act to sell a insecure car.
0
reply
IWMTom
Badges: 20
Rep:
?
#12
Report 4 weeks ago
#12
(Original post by Cristian130)
I asked property questions to tell me if car had a bad history and if any hidden issue. I forgot to tell in the first post that the bonnet of the car is from second hand and it was repaired and repainted. The engineer inspected the car told me is unroadworthy when buy it and this is a criminal act to sell a insecure car.
I meant what platform? How is it unroadworthy?
0
reply
Cristian130
Badges: 6
Rep:
?
#13
Report Thread starter 4 weeks ago
#13
(Original post by IWMTom)
The reason I asked is because he's not obligated to offer that information up unless you ask for it.
I understand that about cat.N if you don’t ask he’s not obligated to tell you.
But I ask of any damage and hidden issue.
He told me the car is like a brand new car and even smell like one. So I ask him more information about where he bought the car, he told that from a dealership and when will get home from work he send me the visit card or paper from that dealer.
Surprise, he got home and told me that he bought the car from a private seller not a dealer like he told me in message before I bought the car. I got all messages from him with anything just lies and lies so I just want to know if I got a solid case for justice? He provided me only lies to sold the car and I have all conversation.
0
reply
IWMTom
Badges: 20
Rep:
?
#14
Report 4 weeks ago
#14
(Original post by Cristian130)
I understand that about cat.N if you don’t ask he’s not obligated to tell you.
But I ask of any damage and hidden issue.
He told me the car is like a brand new car and even smell like one. So I ask him more information about where he bought the car, he told that from a dealership and when will get home from work he send me the visit card or paper from that dealer.
Surprise, he got home and told me that he bought the car from a private seller not a dealer like he told me in message before I bought the car. I got all messages from him with anything just lies and lies so I just want to know if I got a solid case for justice? He provided me only lies to sold the car and I have all conversation.
I'd need to see the conversation rather than just your interpretation.

Remember, in private sales you must specifically ask the questions you want answering. A seller is not obligated to offer up any information you haven't directly asked for.
0
reply
Cristian130
Badges: 6
Rep:
?
#15
Report Thread starter 4 weeks ago
#15
(Original post by IWMTom)
I'd need to see the conversation rather than just your interpretation.

Remember, in private sales you must specifically ask the questions you want answering. A seller is not obligated to offer up any information you haven't directly asked for.
I know, that’s why I ask him to tell me anything about the car if had any damage in past or hidden issue and and if the car is like he said like new I will pay 10k.
0
reply
IWMTom
Badges: 20
Rep:
?
#16
Report 4 weeks ago
#16
(Original post by Cristian130)
I know, that’s why I ask him to tell me anything about the car if had any damage in past or hidden issue and and if the car is like he said like new I will pay 10k.
That's quite a generic catch all statement which doesn't really work. You must be very specific when dealing with private sellers.

Could you perhaps show the conversation you had with the seller?
0
reply
Cristian130
Badges: 6
Rep:
?
#17
Report Thread starter 4 weeks ago
#17
(Original post by IWMTom)
That's quite a generic catch all statement which doesn't really work. You must be very specific when dealing with private sellers.

Could you perhaps show the conversation you had with the seller?
I really can’t right now, tomorrow I will send a letter to inform him about the situation and to be honest if I pay 10k for the car I will spend more 2-3k in court for making him paying for all lies he gives me about the car. I’m very upset about it and I wanted a car with clean record and I asked him about incidents and more. He said no damages and no hidden issue and headlamps changed with new ones. He definitely lied and that’s bad because he gave me an unroadworthy car and that’s illegal in the UK. I don’t know all laws but if you sell a unroadworthy car to someone and you don’t tell him about it even if he ask you or not about the real situation of the car is criminal because I could got very bad injuries because of the front bend reinforcement and other metal part bend on interior.
He hammered the parts and fit again on the car.
0
reply
RogerOxon
Badges: 21
Rep:
?
#18
Report 4 weeks ago
#18
(Original post by Cristian130)
Hi boys,

I have a complicate situation, in January I bought a car from a private seller and after 3 weeks driving I had a small incident with the car ( I hit a deer ) , no one got hurt because I had like 15 miles, it was a bad road in the wood and the deer just run off after I hit him.
I called my insurance to change my front grille and bonnet safety mechanism ( other car parts were not touched).
They called me and told that someone from a local garage will come and take the car to shop to replace the parts.
After they took off the from grille they notice the car was involve in an accident before I bought it, and the car have some serious damage to the radiator, AC, front reinforcement and other metal parts are bend and they need immediately replacement ( you cant notice then the bumper and grille are fixed).
After that they checked my car and they told me that they found it marked with N category which means non structural damage.
When I bought the car the owner told me the car is like a brand new car and it was never involved in an accident and when he did the last MOT at Mini cooper they changed the front Headlamps because they was insecure, and he told me as well the car was bought from a Dealership.
I call to mini cooper and they told me he declined the invoice to pay for headlamps and they changed for him front pads and got a reject from MOT at Mini Dealer and he made MOT after 5 days to other MOT.
So now I have a legal proof of not changing the insecure lamps, and messages from him he did, I got a invoice for replacing the parts for 4.500 pounds after I pay him almost 10k for the car.
I got many conversation of him telling me the car is perfect and it is not.
Now legally where I'm standing?
Can I make a small claim against him with all proof I got?
I ask him many times I am a new driver in the UK and I want a car with no incident and he lied to me and his wife too.
I got them on both on screenshot conversation.
1. Never buy a car without a professional inspection, or knowing that you are risking your money;
2. How old is the MOT? You may be able to appeal it;
3. I'm not a lawyer. If you have written proof of a significant claim about the car, that you can show he knew was false, sue him.
0
reply
Cristian130
Badges: 6
Rep:
?
#19
Report Thread starter 4 weeks ago
#19
(Original post by RogerOxon)
1. Never buy a car without a professional inspection, or knowing that you are risking your money;
2. How old is the MOT? You may be able to appeal it;
3. I'm not a lawyer. If you have written proof of a significant claim about the car, that you can show he knew was false, sue him.
The MOT was done in nov 2020.
0
reply
IWMTom
Badges: 20
Rep:
?
#20
Report 4 weeks ago
#20
(Original post by Cristian130)
I really can’t right now, tomorrow I will send a letter to inform him about the situation and to be honest if I pay 10k for the car I will spend more 2-3k in court for making him paying for all lies he gives me about the car. I’m very upset about it and I wanted a car with clean record and I asked him about incidents and more. He said no damages and no hidden issue and headlamps changed with new ones. He definitely lied and that’s bad because he gave me an unroadworthy car and that’s illegal in the UK. I don’t know all laws but if you sell a unroadworthy car to someone and you don’t tell him about it even if he ask you or not about the real situation of the car is criminal because I could got very bad injuries because of the front bend reinforcement and other metal part bend on interior.
He hammered the parts and fit again on the car.
How exactly is it unroadworthy?
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Would you consider Adjustment if your grades were higher than you expected?

Yes, I'd look at higher ranking universities than my current choices (174)
42.03%
Yes, I'd look for a course or uni that is a better fit for me (62)
14.98%
No, I'd stick with my current uni choice (170)
41.06%
Something else (let us know in the thread below!) (8)
1.93%

Watched Threads

View All