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[jonnycool]

Right, thanks for all the information chaps, at least I've got a better idea of what to do now 

[jonathanh]

Oh and check the small print with your insurer. You are obliged to declare what you know about the car.  They have entered into a contract with you and if they did not declare they would check against a database, i would complain for breach of contract.

[joshwyatt]

A Category C write off will appear on the log book as Al describes, but a Cat D won't.
A Cat D means the vehicle was damaged, and the repair cost was more than 40% or 50% of the vehicles pre accident value. Stolen recovered vehicles normally appear as a Category X, not a Cat D.
How long have you had the vehicle for? If not a long time, I would be back in touch with that trader asap as Cat D's have a lower market value.
If you need assistance, PM me.

[jonnycool]

Oh and check the small print with your insurer. You are obliged to declare what you know about the car.  They have entered into a contract with you and if they did not declare they would check against a database, i would complain for breach of contract.

Will do, thanks 

[jonnycool]

A Category C write off will appear on the log book as Al describes, but a Cat D won't.
A Cat D means the vehicle was damaged, and the repair cost was more than 40% or 50% of the vehicles pre accident value. Stolen recovered vehicles normally appear as a Category X, not a Cat D.
How long have you had the vehicle for? If not a long time, I would be back in touch with that trader asap as Cat D's have a lower market value.
If you need assistance, PM me.

PM sent 

[Kevin Wood]

If it does turn out to have a history, think carefully about whether it was misrepresented when you purchased it, especially if you bought from a trader.

It was from a trader actually, and there was no mention of it being written off

Hmm.. Might be worth ascertaining the rules as they apply to traders. Not sure if a trader would have to have indicated / implied that it was HPI clear or if they should have mentioned it up front.

[Entwood]

Next step then is to contact the trader for a polite chat. If you get no joy then straight around to Citizens Advice/Trading Standards.

http://www.wiltshire.gov.uk/businesssupportandadvice/tradingstandards/advicetoconsumers/fromtradingstandards.htm?frmClient=8101FCED-1185-6B25-FCCB0EAFD6E4D0B5&frmItemID=122489&frmShared=1

Insurance claims
Selling a vehicle 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 Citizens Advice for the case to be referred to trading standards. It is advisable to ask the trader whether the vehicle has been in any accidents before the sale.

HTH

[Vamps]

If it does turn out to have a history, think carefully about whether it was misrepresented when you purchased it, especially if you bought from a trader.

It was from a trader actually, and there was no mention of it being written off

Hmm.. Might be worth ascertaining the rules as they apply to traders. Not sure if a trader would have to have indicated / implied that it was HPI clear or if they should have mentioned it up front.

[/highlight]

I think they have to now.... the last 3 cars I have bought from a motor trader have shown me evidence of an HPI Check, with the Jeep it came with the paperwork.......

[jonnycool]

If it does turn out to have a history, think carefully about whether it was misrepresented when you purchased it, especially if you bought from a trader.

It was from a trader actually, and there was no mention of it being written off

Hmm.. Might be worth ascertaining the rules as they apply to traders. Not sure if a trader would have to have indicated / implied that it was HPI clear or if they should have mentioned it up front.

Josh Wyatt very kindly offered me some advice, it seems that a dealer wouldn't always check a car but of course it would be in his best interest to do so. It is always advised that you check a car yourself, so I don't expect the dealer to do anything other than deny everything and say, 'you're on your own mate', so a visit to Trading Standards may be the way to go, or at least a threat to do so.

I'm not holding my breath for anything positive to happen though, so I think I'll arrange a new MOT as a starting point 

Jon

[jonnycool]

Next step then is to contact the trader for a polite chat. If you get no joy then straight around to Citizens Advice/Trading Standards.

http://www.wiltshire.gov.uk/businesssupportandadvice/tradingstandards/advicetoconsumers/fromtradingstandards.htm?frmClient=8101FCED-1185-6B25-FCCB0EAFD6E4D0B5&frmItemID=122489&frmShared=1

Insurance claims
Selling a vehicle 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 Citizens Advice for the case to be referred to trading standards. It is advisable to ask the trader whether the vehicle has been in any accidents before the sale.

HTH

You must have read my mind 

Thanks Entwood, that's very interesting

[Kevin Wood]

Well, it has a current V5 and MOT, presumably, so it's a road legal car. ISTR that normally the V5 and MOT would be surrendered for a write off and returned once a satisfactory VIC has been completed (not sure a cat D even requires that?) so this must have been done when it was put back on the road.

I would try your luck pursuing the insurance company, as I guess you'll be out of pocket if they cancel the policy. If that doesn't bear fruit, re-insure it with someone else, declaring the CAT D, name and shame the current insurers and vow never to touch them again.

EDIT: Pursue the trader as well, obviously.

[Kevin Wood]

To add weight to your claim against the trader, imagine what would have happened if you'd had a serious claim without knowing the status of the car. Insurance company would have washed their hands of you.

[jonnycool]

Well, it has a current V5 and MOT, presumably, so it's a road legal car. ISTR that normally the V5 and MOT would be surrendered for a write off and returned once a satisfactory VIC has been completed (not sure a cat D even requires that?) so this must have been done when it was put back on the road.

I would try your luck pursuing the insurance company, as I guess you'll be out of pocket if they cancel the policy. If that doesn't bear fruit, re-insure it with someone else, declaring the CAT D, name and shame the current insurers and vow never to touch them again.

EDIT: Pursue the trader as well, obviously.

It has the V5 and a current MOT (the tester commented on the condition of the car and that it looked well looked after). However the HPI check I've just done shows that it has not had a VIC. Whether it needs one is something I'll have to find out 

Your comment about an insurance claim doesn't bear thinking about mate, my wife uses the car to ferry our two young kids about, and despite not being made of money by any means, I wouldn't knowingly have risked buying a write-off of any description in a million years 

[joshwyatt]

A VIC check is only required on a Category C vehicle, and not a Cat D.
Some people do intentionally buy Cat C or D vehicles, as they should be susbstantially cheaper than the non written off vehicles.
Cat D vehicles sometimes only need something as simple as a new headlight, so I wouldn't worry about it being unsafe.
As mentioned in the PM, trader first, if no joy then trading standards.
But it sounds like the trader was cutting corners to save himself the £7 for a HPI check or he was plain wrong and sold a vehicle he knew was written off.

[05omegav6]

 Surely, if you've had the car long enough to have needed it to be MoTd, a fresh one will make no difference as it's already been tested since being written off

If you bought it a month or so ago with a short MoT, without an hpi check, then the trader could be pulling a fast one, depending how he came to have the car. From an auction such things are declared in the vehicle sale details.
For the shadier side of things, there could be good money made from selling repaired Cat D cars and selling them on without declaring owt A lesson if ever there was... firms such as HPI and Equifax exist for a very good reason.

Hope you get it resolved