nurrish Posted November 7, 2010 Share Posted November 7, 2010 Soooo i found out my lovely smart car was registered cat D last year.....i wasn't told about when purchasing the car. I put it forsale on friday because i cant stand it no more...i got a phone call from a guy saying he was interested and was willing to stump up the cash....30 minutes later he called and said he had run an HPI against the car and came up registered as a cat D in novemeber last year. This was news to me....the guy still wanted it but at an obvious discounted sum. Wasn't sure whether he was pulling a fast one over on me...so i ran an hpi check myself and low and behold i get the same result...great Buuuuuuut when i bought the car from the dealer there was a mandatory £30 payment for "HPI & Indemnity" ....I have been trying to find out what this entails...i spoke with the garage and i am going to see them tomorrow Just wondering if this "HPi & Indemnity" covers me for a full refund? Basically i want to get some good info together before going there so i know what my rights are and to make sure they cant get out of it Quote Link to comment Share on other sites More sharing options...
rtbiscuit Posted November 7, 2010 Share Posted November 7, 2010 if you had a full HPI check on the car and something appeared that wasn't on it then you are covered for a refund. if when you bought the car they had HPI'd it then there should be some paper work with it to prove this. i've always carried out my own checks. never trust a garage. go have a chat with them, they may not refund you but if that blokes interested you might be able to agree thew difference with the original garage, they may like this as it means they won't get the car back, and the issue will go aaway quickly. Quote Link to comment Share on other sites More sharing options...
Sarnie Posted November 7, 2010 Share Posted November 7, 2010 You would hope that it means that a HPI has been carried out and that the car is clean (which it's not) and if its not you should be indemnified from any loss. Do you have a copy of the hpi certificate that the dealer did when you bought it? I assume the car was not advertised as cat D? Do you have a copy of the advert? If it wasn't you should have a very strong case for a refund! Quote Link to comment Share on other sites More sharing options...
nurrish Posted November 7, 2010 Author Share Posted November 7, 2010 There was no mention regarding the car being a cat D...when i spoke with the garage they was just as shocked as me. Dealer says all there cars are hpi checked but i don't have there certificate. I dont have the original advert but there was defintaley no mention on there. Infact the garage is portway...sarnie you should know this garage...portway on the alcester road just before the m42...quite a reputable place Quote Link to comment Share on other sites More sharing options...
martinmac Posted November 7, 2010 Share Posted November 7, 2010 I am pretty sure that an HPI check only covers the person that carries it out. As such its down to the garage to claim against the check. Hopefully they will refund the difference. Quote Link to comment Share on other sites More sharing options...
Sarnie Posted November 7, 2010 Share Posted November 7, 2010 There was no mention regarding the car being a cat D...when i spoke with the garage they was just as shocked as me. Dealer says all there cars are hpi checked but i don't have there certificate. I dont have the original advert but there was defintaley no mention on there. Infact the garage is portway...sarnie you should know this garage...on the alcester road just before the m42...quite a reputable place Yeah I know them, used to drive past there when I used to drive into Redditch. To be fair they usually had some decent stuff in there. I'd do as RT says and tell them that you want them to cover the difference in your asking price and what the other guy wants to pay. If he pulls out, tell them you want and expect a full refund, if not you'll be reporting it to trading standards and the local press! Most companies would not want this sort of this to leak out to the local population as it could be massively detrimental to their reputation..... Quote Link to comment Share on other sites More sharing options...
nurrish Posted November 7, 2010 Author Share Posted November 7, 2010 To behonest it would be nice to take the full refund approach which is why i am trying to find out what the £30 HPI and Indemnity stands for....i remember at the time the sales guy told me its there to protect me. Quote Link to comment Share on other sites More sharing options...
martinmac Posted November 7, 2010 Share Posted November 7, 2010 The vehicle history also takes time to get onto the register depending on the insurance company so the people who you bought it off may have fallen foul of this. Whats the history of owners in the log book Dave. Quote Link to comment Share on other sites More sharing options...
rtbiscuit Posted November 7, 2010 Share Posted November 7, 2010 when i've done HPI before one of the main issues is that you are only covered if you have completed it before you buy it and have completed all sections inc mileage. i think there was a week overlap from buying where you had to go back on and add the mileage to make sure you are fully covered. if you haven't done the HPI or do it after buying it your not covered at all. your only way out is to hope the garage help. persoanlly i think your less likely to see a full refund as most cars are sold as seen, if there HPI is clear; at time of sale then it wass down to the buyer to do their own. a meet half way on price situation may be more likely outcome. but to be honest you'll need to play it by ear. if the gargae are happy to refund you the full amount, then go that route, if they odn't seem that helpful then the paying the differnece route is better, Quote Link to comment Share on other sites More sharing options...
nurrish Posted November 7, 2010 Author Share Posted November 7, 2010 Yeah i here what your saying rich and i think your right. But its this £30 which i was made to pay which is there to safegaurd me. Going in tomorrow so i will report back... Quote Link to comment Share on other sites More sharing options...
rtbiscuit Posted November 7, 2010 Share Posted November 7, 2010 Yeah i here what your saying rich and i think your right. But its this £30 which i was made to pay which is there to safegaurd me. Going in tomorrow so i will report back... ah they made you pay the £30? which should mean your covered if they filled all the stuff in on your behalf. if so then you should be covered for a full refund. there is how ever an upper limit on how much they refund (not the garage but HPI) admittedly £30 is alot though as i'm sure a full HPI is only £20 at most, Quote Link to comment Share on other sites More sharing options...
nurrish Posted November 7, 2010 Author Share Posted November 7, 2010 Yeah its a compulsory payment on every car they sell. I have the receipt with it on and even in there office there is a big sign saying its needed Quote Link to comment Share on other sites More sharing options...
HaydnH Posted November 7, 2010 Share Posted November 7, 2010 persoanlly i think your less likely to see a full refund as most cars are sold as seen That's incorrect, even if a dealer says "sold as seen" it means sweet FA - terms like these don't exempt them from their legal obligations. (Private sales are a lot less protective of the buyer but that doesn't matter here). You may want to seek free legal advice, but I'm pretty sure that the car isn't as advertised (although probably still fit for purpose) so you should be entitled to a refund, although the garage will probably (begrudgingly) offer a replacement before that, after a bit of arseing around... at the end of the day they should have HPI'd the car themselves before purchasing it or excepting it as px so should have some form of protection themselves to recover their loss. I'd just turn up and see what they offer, you might be pleasantly surprised, and if you're not you can just say you'll think it over and leave and then research some more - the Sale of Goods Act 1979 is your friend here. There's a fairly good article on Autotrader here: http://www.autotrader.co.uk/advice/2010 ... ning-a-car Quote Link to comment Share on other sites More sharing options...
nurrish Posted November 9, 2010 Author Share Posted November 9, 2010 Some good news to report! Went and saw the garage just now and they were very friendly and accommodating. Straight away the guy admitted they were at fault and offered a full refund. He even mentioned that i paid £30 for the hpi and they didn't even run it So i am quite happy....i did however service the car and put 4 new tyres on...but i can let that slide as they were so accommodating and forth giving with the refund Lesson learn't for me though....HPI check everything Quote Link to comment Share on other sites More sharing options...
Tarmac@TarmacSportz Posted November 9, 2010 Share Posted November 9, 2010 This happened to me prior to the Zed... It was great I had 3 months of free motoring and got a full refund Quote Link to comment Share on other sites More sharing options...
spursmaddave Posted November 9, 2010 Share Posted November 9, 2010 Some good news to report! Went and saw the garage just now and they were very friendly and accommodating. Straight away the guy admitted they were at fault and offered a full refund. He even mentioned that i paid £30 for the hpi and they didn't even run it So i am quite happy....i did however service the car and put 4 new tyres on...but i can let that slide as they were so accommodating and forth giving with the refund Lesson learn't for me though....HPI check everything Good news, nice to hear of some good service for a change and someone taking responsibility for f***ing up! Quote Link to comment Share on other sites More sharing options...
M13KYF Posted November 9, 2010 Share Posted November 9, 2010 good news and you have to say nice one for the garage in putting there hands up and admitting there errors. It could of got ugly Quote Link to comment Share on other sites More sharing options...
Ebized Posted November 9, 2010 Share Posted November 9, 2010 Good news given what it says here: http://www.moneywise.co.uk/news-views/2 ... -the-roads "What's more worrying is that many people will buy a category D write-off vehicle without realising because the seller does not have to tell them. And as many insurance companies won't insure category C or D vehicles, it is vital that potential buyers get any vehicle checked out before they part with their money." Quote Link to comment Share on other sites More sharing options...
HaydnH Posted November 10, 2010 Share Posted November 10, 2010 Good news given what it says here: http://www.moneywise.co.uk/news-views/2 ... -the-roads "What's more worrying is that many people will buy a category D write-off vehicle without realising because the seller does not have to tell them. And as many insurance companies won't insure category C or D vehicles, it is vital that potential buyers get any vehicle checked out before they part with their money." I think dealers are still liable if the sell a cat D without advertising what they're selling, with private sales it's very much buyer-beware though. Quote Link to comment Share on other sites More sharing options...
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