Change background image
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Cat C write off - VIC Check? Help!

Discussion in 'Clio Discussion' started by Knight_Rider, Jan 6, 2012.

  1. Knight_Rider

    Knight_Rider

    Joined:
    Mar 7, 2010
    Messages:
    1,132
    Location:
    Huddersfield
    Car:
    Pontiac Trans-Am
    My lass bought a Clio Extreme, early October of this year. The Garage we got it off said they'd send off the V5 and paid to tax it so we could get home. A few days ago she got a letter saying that the car cant be driven until it has had a VIC check. Surely this should have been mentioned when we bought the car. Now she's got to fork out a shed load of money to get it to the check, pay for it and plus the repairs that we know will need doing (just look at earlier threads and you'll know what I mean!)
    Anyone got any idea as to what can be done? Should the car have been sold as spares, scrap or repairs (considering as far as the DVLA know the cars still sat in a scrap yard), should it have been sold at all, should be have been told.
    HEEEEELLLLLLPPPPP
     
  2. Scrooge

    Scrooge ClioSport Club Member

    Joined:
    Jul 9, 2008
    Messages:
    10,682
    Location:
    S.Ockendon
    Car:
    Fiesta ST Mk7
    Vic checks take an age to sort out.

    You need to back the car.
     
  3. Laura

    Laura ClioSport Club Member

    Joined:
    Jan 27, 2006
    Messages:
    14,157
    Car:
    AMV8, Mk1 Golf
    did you not HPI it??
     
  4. MartinR

    MartinR

    Joined:
    Aug 14, 2010
    Messages:
    8,225
    Car:
    TCR'd 182
    vic checks are not expensive circa £50 iirc, they are not in place to check the condition/repairs of the car they only do vic checks to make sure the identity of the car is right and the engine codes and vin numbers etc all corrospond to that vehicle reg. and it hasn't been ringered (ie just putting the plates on another clio of the same spec ,colour etc)

    without the vic certificate you can not get a v5 for the car also if you aren't the registered keeper via v5 you cannot get road tax either can also cause problems aquiring insurance

    iirc the garage in question does not have to tell you about cat-c and cat-d's. it is down to the consumer (you)to also run an hpi check.

    unless there is obvious substantial damage they shall not condem the car.if there is substantial damage that can be clearly seen..........why did you buy the car??

    awaiting daniel to comment he is more knowledgable on this as he is a dealer:smiley:
     
    Last edited: Jan 6, 2012
  5. DAR

    DAR

    Joined:
    Dec 3, 2011
    Messages:
    166
    Location:
    Somerset
    Car:
    172 Cup toy
    How did they tax it? Genuine question - not knowing the detailed in's and out's of Cat C/D
     
  6. Dave Hester

    Dave Hester

    Joined:
    Jan 21, 2002
    Messages:
    2,673
    Location:
    Yuuuuuuuup!
    Car:
    Clio 172 cup
    A legal trader cant sell a car like that!

    Phone trading standards
     
  7. Sir_Dave

    Sir_Dave ClioSport Club Member

    Joined:
    Sep 11, 2005
    Messages:
    13,468
    Location:
    Failsport HQ.
    Car:
    M135i & MCS
    This.

    Although perhaps its god's punishment for not hpi'ing it yourself?
     
  8. bmh.01

    bmh.01

    Joined:
    May 10, 2005
    Messages:
    11,940
    Location:
    Nuneaton
    Car:
    Audi S3
    Something very fishy here, i'd be wondering if you've bought a stolen car more than anything here.

    They can sell a car thats already had the VIC done but they shouldn't have in this state.
     
  9. leeds_182

    leeds_182 North Yorkshire & Humber ClioSport Area Rep

    Joined:
    Jul 27, 2004
    Messages:
    11,521
    Location:
    Selby, North Yorks
    Car:
    106 Rallye
    This, have you checked the vin etc?
     
  10. Clio Neil

    Clio Neil

    Joined:
    Oct 26, 2011
    Messages:
    83
    Location:
    Northampton
    Car:
    Clio 172 & others!
    id take the car back.

    i currently own a mk4 golf gti which i bought cat c which needed the repair. the repair was bumper, light and bonnet! £47 quid i think it cost me to have the check. all they check that its not a cut and shut and that all chassis numbers are correct and have not been tampered with. they wont be looking at the repair work. if the car looks unroadworthy, they'll just send you away.
     
  11. bennno2005

    bennno2005

    Joined:
    Aug 10, 2011
    Messages:
    800
    Location:
    Shrewsbury
    Car:
    RB 182
    A garage cant sell you a car being CAT C or D without making you aware of it.

    Take it back or put it through trading standards.

    The test in only about £50 but by the sounds of it you didnt pay for a damage / repaired car so i'd be taking it back.
     
  12. bmh.01

    bmh.01

    Joined:
    May 10, 2005
    Messages:
    11,940
    Location:
    Nuneaton
    Car:
    Audi S3
    Yes, they can. Don't ask/don't tell principle.
     
  13. bennno2005

    bennno2005

    Joined:
    Aug 10, 2011
    Messages:
    800
    Location:
    Shrewsbury
    Car:
    RB 182
    Not legally. A trader has to make you aware. They are allowed to sell them but must let you know first.
     
  14. Daniel

    Daniel ClioSport Club Member

    Joined:
    Jul 21, 2005
    Messages:
    37,654
    Location:
    THIS IS SHOE
    Car:
    E55 AMG, Passat Tdi
    Incorrect.

    If the buyer asks the seller, Legally the seller has to be honest.

    If the buyer doesn't ask, then tough s**t.

    I agree with everything in post 4.

    I'm not sure what else I can hep with tbh.
     
  15. Kat@Renparts

    Kat@Renparts

    Joined:
    May 21, 2006
    Messages:
    850
    Location:
    Doncaster
    Car:
    www.renparts.co.uk
    The trader would probably just say there weren't aware either.

    A VIC check can be very straightforward, just find your local centre that checks, call up and get an appointment. Depending on how busy they are you can sometimes get it done within the week. As someone said earlier, all they check is that the car is legit and all the chassis numbers match up. A lot of the clio II we see that are cat see are very light damage
     
  16. Daniel

    Daniel ClioSport Club Member

    Joined:
    Jul 21, 2005
    Messages:
    37,654
    Location:
    THIS IS SHOE
    Car:
    E55 AMG, Passat Tdi
    Just take the s**t back to the garage. Is this the one with the idle problem?

    If it is, just take it back and get your money back.

    Can't believe you've let it go on for this long tbh.
     
  17. bennno2005

    bennno2005

    Joined:
    Aug 10, 2011
    Messages:
    800
    Location:
    Shrewsbury
    Car:
    RB 182
    Laws changed last year. Trade sellers have to disclose it. There was rumours about a law whereby if its CAT C/D you have to put it in the advert but I'm unsure about this one.

    Read this if you can be arsed.

    http://www.bbc.co.uk/blogs/watchdog/2010/10/small_car_company.html


     
    Last edited: Jan 6, 2012
  18. Daniel

    Daniel ClioSport Club Member

    Joined:
    Jul 21, 2005
    Messages:
    37,654
    Location:
    THIS IS SHOE
    Car:
    E55 AMG, Passat Tdi
    Sorry, not being rude, but where does it state that the laws have changed?
     
  19. bennno2005

    bennno2005

    Joined:
    Aug 10, 2011
    Messages:
    800
    Location:
    Shrewsbury
    Car:
    RB 182
    Its doesn't in that. That's what I got told that by the dealership we bought the GF's car from.

    That article just states that its illegal for a trader to sell an accident damaged car without informing the buyer.
     
  20. Daniel

    Daniel ClioSport Club Member

    Joined:
    Jul 21, 2005
    Messages:
    37,654
    Location:
    THIS IS SHOE
    Car:
    E55 AMG, Passat Tdi
    Thats not how I understand it. Nor does my trading standards area guy.

    The people in that article were buying smashed cars, repairing them and then selling them. Thats an entirely different game to just taking on in part exchange thats already on the register.
     
  21. bennno2005

    bennno2005

    Joined:
    Aug 10, 2011
    Messages:
    800
    Location:
    Shrewsbury
    Car:
    RB 182
    Trading standards website seems to disagree?

    Insurance claims
    Selling a car that has been classified as a category C or D write off without making this clear to the consumer may be an offence under the Consumer Protection from Unfair Trading Regulations 2008 and you should report this to your local trading standards service. It is advisable to ask the trader whether the car has been in any accidents before the sale."

    Taken from http://www.tradingstandards.gov.uk/cgi-bin/wirral/con1item.cgi?file=*ADV0003-1011.txt
     
  22. Daniel

    Daniel ClioSport Club Member

    Joined:
    Jul 21, 2005
    Messages:
    37,654
    Location:
    THIS IS SHOE
    Car:
    E55 AMG, Passat Tdi
    The key word there is, MAY be an offence.

    As in if the consumer asks you, you know its a Cat C and you hide it, then its an offence.
     
  23. Revels

    Revels

    Joined:
    Oct 1, 2003
    Messages:
    25,852
    FatDan is correct. It's only an offence to lie when asked.
     
  24. bennno2005

    bennno2005

    Joined:
    Aug 10, 2011
    Messages:
    800
    Location:
    Shrewsbury
    Car:
    RB 182
    "Selling a car that has been classified as a category C or D write off without making this clear to the consumer"

    That implies to me not having to ask.

     
  25. theduck

    theduck

    Joined:
    Mar 16, 2005
    Messages:
    16,019
    Location:
    Northfield, Birmingham www.midlandskitcarclub.co.
    Car:
    I4,F4,V8
    "Selling a car that has been classified as a category C or D write off without making this clear to the consumer may be an offence..."

    May is the important word there, that implies it may or may not be an offence depending on the circumstances. So if you are asked and lie, thats an offence, if your not asked you have done nothing wrong.


    However, on topic for a minute. Selling a car to someone as road legal when it has not had the VIC done so is not road legal is wrong and surely criminal.
     
  26. bennno2005

    bennno2005

    Joined:
    Aug 10, 2011
    Messages:
    800
    Location:
    Shrewsbury
    Car:
    RB 182
    There is a section called "misleading omissions" in the the consumer protection from unfair trading regulations 2008
    which disagrees with you there.
     
  27. MartinR

    MartinR

    Joined:
    Aug 14, 2010
    Messages:
    8,225
    Car:
    TCR'd 182
    you have just chopped a few words out of the original statement to make it look like you are correct in a way yes you are but as stated before the key word is MAY. which is missing in the edited version:wink:

    i part ex'd a cat c in once and the dealer never asked me so i never said (there is no law that differs this only a statement which has more holes in it than a sponge):smiley:
     
  28. bennno2005

    bennno2005

    Joined:
    Aug 10, 2011
    Messages:
    800
    Location:
    Shrewsbury
    Car:
    RB 182
    Read my above post.

    You're not legally obliged to tell the dealer its up to them to check as you arent classed as a trader. However as i see it they are bound by law to inform the buyer.
     
    Last edited: Jan 6, 2012
  29. theduck

    theduck

    Joined:
    Mar 16, 2005
    Messages:
    16,019
    Location:
    Northfield, Birmingham www.midlandskitcarclub.co.
    Car:
    I4,F4,V8
    I know all about misleading ommisions and do not see that applies here. You are being sold a road legal vehicle in the condition it is presented. A misleading omission would be something along the lines of

    "only 50'000 miles on the clocks" when you know full well its gone around the clocks already and so the mileage is 150'000 miles. You are omitting the fact it has been around the clocks once, your not lying as the clocks display 50k, but you are implying the mileage is lower than it is and so lying by omission.
     
  30. Revels

    Revels

    Joined:
    Oct 1, 2003
    Messages:
    25,852
    Beeno, you're wrong. Give up. Lol.
     
  31. bennno2005

    bennno2005

    Joined:
    Aug 10, 2011
    Messages:
    800
    Location:
    Shrewsbury
    Car:
    RB 182
    "Misleading omissions
    6.—(1) A commercial practice is a misleading omission if, in its factual context, taking account
    of the matters in paragraph (2)—
    (a) the commercial practice omits material information,
    (b) the commercial practice hides material information,
    (c) the commercial practice provides material information in a manner which is unclear,
    unintelligible, ambiguous or untimely, or
    (d) the commercial practice fails to identify its commercial intent, unless this is already
    apparent from the context,
    and as a result it causes or is likely to cause the average consumer to take a transactional decision
    he would not have taken otherwise."

    I would say as a consumer that knowing a car has been subject to a previous insurance write off would have an influence as to whether or not I bought it.

    I think you are getting confused between omitting and hiding material information, both of which are against this law.
     
  32. bennno2005

    bennno2005

    Joined:
    Aug 10, 2011
    Messages:
    800
    Location:
    Shrewsbury
    Car:
    RB 182
    I really dont see you lot proving me wrong though.
     
  33. theduck

    theduck

    Joined:
    Mar 16, 2005
    Messages:
    16,019
    Location:
    Northfield, Birmingham www.midlandskitcarclub.co.
    Car:
    I4,F4,V8
    You have to consider this section though:

    "and as a result it causes or is likely to cause the average consumer to take a transactional decision
    he would not have taken otherwise"

    It would affect 90% of the people on heres decision to buy or what they would pay, but I reckon the average customer wouldnt have a clue what was meant if they were told it was CAT C/D, and probably wouldnt care.
     
  34. SC03OTT

    SC03OTT ClioSport Club Member

    Joined:
    Jan 9, 2007
    Messages:
    4,844
    Location:
    Dunfermline
    Car:
    Octavia vRS | CitiGo
    Seems pretty ambiguous reading all of the above.
     
  35. MartinR

    MartinR

    Joined:
    Aug 14, 2010
    Messages:
    8,225
    Car:
    TCR'd 182
    i'm not a trader no

    but it works both ways

    internet information is not always correct
     
  36. bennno2005

    bennno2005

    Joined:
    Aug 10, 2011
    Messages:
    800
    Location:
    Shrewsbury
    Car:
    RB 182
    So the average consumer who upon being told the car they’ve gone to see is a CAT D would just go “ill take it” rather than ask what it means?

    If the average consumer knew that a car they were looking at had been previously written off then yes i would say it would influence their decision
     
    Last edited: Jan 6, 2012
  37. bennno2005

    bennno2005

    Joined:
    Aug 10, 2011
    Messages:
    800
    Location:
    Shrewsbury
    Car:
    RB 182
    Yes which is why ive been carefull where I've got my information from. It doesn't work both ways at all as you not being a trader you're not bound to the TRADING regulations!
     
    Last edited: Jan 6, 2012
  38. Pete.M

    Pete.M ClioSport Club Member

    Joined:
    Aug 11, 2010
    Messages:
    510
    Location:
    South Manchester
    Car:
    Ph1 ITB'd 172
    You are a car dealer aren't you Daniel?

    Just out of interest would you sell a car that you knew to be on the register to someone without telling them if they didn't ask?
     
  39. bennno2005

    bennno2005

    Joined:
    Aug 10, 2011
    Messages:
    800
    Location:
    Shrewsbury
    Car:
    RB 182
  40. Knight_Rider

    Knight_Rider

    Joined:
    Mar 7, 2010
    Messages:
    1,132
    Location:
    Huddersfield
    Car:
    Pontiac Trans-Am
    They repled to my mail today stating they won't take it back so looks like trading standards need to get involved now.
     

Share This Page