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Been sold a written of car

So I bought a car from a guy on Facebook market and have the full conversation saved still. At the time I was sold the car I asked multiple questions, one of the questions was is the car okay and is there anything seriously wrong with it, he said no so I checked the car out and decided to buy. He didn't have a v5 so I had to send off to get a v5 (as he told me he bought the car from a auction and didn't come with a v5) I got a letter back few weeks later to say it's a cat a or b write off and I can't drive it all. All thought it was private, I transferred him money to his business bank account ( as he owns his own recovery business) so I'm kinda thinking I bought it from a trader now. He's refusing to give me a refund, where do I stand? Thanks for reading

Reply 1

Faultybot

You should of done more checking before buying a write off. There a couple of red flags from what you said, that should of given an indication that something is very wrong with this car.

Reply 2

StriderHort

Well, tbh the money is likely gone unless you're willing to invest in the full court route or otherwise persuade or strongarm the seller :frown:

Technically I do believe the seller is obligated to make it clear the vehicle they are selling is a write off, it should make it clear in the advert without you having to ask BUT... you've left yourself wide open here, as you say you checked it out, but this should have been one of the first independent checks you made, and I would always say no to a lack of V5 as it's a huge red flag, it takes about a week and no cost to order one, if a seller isn't willing to there is a reason why.

2 issues are that you bought on FB marketplace who won't care or get involved and you paid their bank directly which is the same as handing over cash, so your bank won't get involved.

Just because the guy has business connected to vehicles doesn't necessarily make him a motor trader with all the rules and protections that go with it but you're right to be suspicious all the same. I don't use motor auctions, but was under the impression they nearly always refuse to list cat A/B cars as they can never go back on the road and its just a hassle. so with that, the guys occupation and the lack of V5, my suspicion would be they're really selling you a write off they've dragged away or been left with from somewhere.

Some Qs, was it cat A or cat B and did you find a date for when it was wrote off, ie was it recently?

A car generally has to have taken a hell of a smash to be wrote off in this way, was there no evidence of this when you checked/drove the car? welds, paint mismatches, panel gaps, car just not sitting right etc? As if your car was wrote off for good it's odd to then spend substantial money fixing it up to the point where a buyer wouldn't quickly notice.

What is the seller actually saying to you? Are they accepting the car is in fact wrote off and essentially not usable as a car anymore? are they claiming they told you? are they saying why this isn't an issue and they won't refund it?

What was the car/age/miles and what did you pay? Do you have a screen shot of the original advert? (always take 1, it's saved me before after a seller tried to cover their tracks.)

Reply 3

-Laureliz-

Since you have the convo saved and he claimed no serious issues, you might have a leg to stand on. Small claims court could be an option if he keeps refusing the refund.