by Rambo » Thu 05.01.2017, 19:47
Looks like the can of worms is open...
Salient points in bold
"Buying a Cat C car or Cat D car
It’s legal to sell a Cat C or D car as long as its status is declared. Even so, they’re much cheaper – possibly as much as 50% cheaper – because there’s a stigma attached to them and they’ll need repairing.
This stigma will remain with the car even after it’s repaired, because Cat C or D status stays with the vehicle and must always be declared when it’s offered for sale. This will mean it always fetches a lower price.
Not everyone is convinced about the merits of buying a Cat C or D car. Neil Hodson, managing director of car history check firm HPI, cautions that “the real risk with buying a write-off is paying good money for a vehicle that's been badly repaired and is a danger to drive, or worse still, should never have been put back on the road in the first place. If a write-off hasn’t been properly repaired, any price is too high.” On the other hand, Hodson concedes “there are write-off categories that, if repaired professionally, offer good value for buyers”.
Others are more doubtful still. Trading Standards officer Gerry Taylor says that buyers should avoid Cat C and D cars since the risk they haven’t been repaired properly is too high and an imperfect repair could affect crash performance.
Write-off engineer reports
Despite all this, you may still want to buy a Cat C or D car. In that case, have it inspected by a trained motor engineer employed by organisations such as the AA and RAC.
The engineer will inspect the car and tell you all you need to know about its condition, crashworthiness and any problems lurking within it that aren’t obvious to the untrained eye.
It won’t be cheap, but if the worst happens a report could be offered as evidence in court. In any case, insurers generally insist on an engineer’s report before they’ll consider insuring a Cat C or D vehicle.
Selling a Cat C car or Cat D car
You must declare the car’s Cat C or Cat D status when selling it or part-exchanging it. If you don’t, the new owner could sue you for damages.
Insuring a Cat C car or Cat D car
Don’t expect insuring your Cat C or D car will be straightforward. Some insurers won’t consider covering such a car and those that do may charge a higher premium. An engineer’s inspection report will certainly smooth the way.
What the law says
Thanks to the Consumer Rights Act 2015, car buyers are better protected, since the law states that any goods purchased should be ‘of satisfactory quality’, ‘fit for purpose’ and ‘as described’.
If you were unwittingly sold a car the seller knew to be a Cat C or D, the seller is in breach of the last requirement. Even if the seller was unaware of the car’s status, it’s still not of satisfactory quality or fit for purpose. It also falls foul of the ‘innocent misrepresentation’ clause of the Misdescriptions Act.
Either way, you would have grounds to take legal action against the seller.
Of course, they may immediately offer you a refund, but you’d be wise to tell Trading Standards to protect future customers"