75ZT Community

rovernut · Posted 20 Nov 2010, 19:24 #1

"Sold" my 416 Tourer on Ebay last week and the winner tells me he doesn't want to go ahead as he's found out its Cat C write off :shock:

I've had the car for 6/7 years and was never aware of its dark secret.

Has the winner got grounds to refuse it especially as he bid Ã‚Â£300 for it with Tax and MOT.

As I understand Cat C it is quite ok to repair and sell after inspection.

Chris

Tourerfogey · Posted 20 Nov 2010, 19:28 #2

Can understand his concern but at only Ã‚Â£300 with tax and ticket . . .

al_dente · Posted 20 Nov 2010, 21:41 #3

I think it's within his rights to refuse it because if he knew at the time, he may not have bid on the car.

Bit of a bummer for you though, because I think it will be difficult to sell now.

PaulT · Posted 20 Nov 2010, 22:04 #4

Sounds to me reasonable grounds to refuse to buy - after all, cars on ebay declared as Cat C, even after repair and inspection, sell for far less than a non Cat car.

BUT depending on condition and length of RFL and MOT Ã‚Â£300 not much for a Tourer.

Stick it back on, declare Cat C and you never know you may get a bid higher than Ã‚Â£300.

Paul

rovernut · Posted 20 Nov 2010, 23:11 #5

Interesting.

I've never had a problem with it for 6/7 years so that says it was repaired well. Effectively after Road Tax he's paying Ã‚Â£250 for it with 54000 miles on it. He viewed it 10 days ago and liked it. I think he should maybe have HPI checked it before he bid on a car he had driven and examined. What's the problem with it having a Cat C anyway.... it will be worth nowt soon!

The Tourer I bought to replace it was much dearer and now I've bought it I've found a few faults. But I take that on board. Its a 13yr old car.

I sympathise with his decision not to buy and I would not persue it, but I wondered what the position was with Ebay rules to refuse it. I was unaware of the Cat C so could not declare it.

I think I'll break it! Its worth more in spares for my new one!

Chris

Bermudan 75 · Posted 21 Nov 2010, 00:29 #6

Basic contract law states that you need 3 items to be able to enforce a contract of sale,

1. Offer
2. Acceptance
3. Consideration (payment)

If your man has not parted with his readies then he can withdraw, E-Bay cannot circumvent The Law of Contract.

All things considered for Ã‚Â£300 I think he was getting a great deal.

Cheers

Mike

rovernut · Posted 21 Nov 2010, 08:50 #7

Thanks Mike

As Paul says, I think I'll stick it back on with declared Cat C.

What a shame! Nice car for the money.

Chris

Tourerfogey · Posted 21 Nov 2010, 16:32 #8

Ask yourself if you would have bought it 6 - 7 years ago had you known it was Cat C . . .

rovernut · Posted 21 Nov 2010, 17:12 #9

Tourerfogey wrote:Ask yourself if you would have bought it 6 - 7 years ago had you known it was Cat C . . .

I already asked myself and the answer would have been no.

But...... I didn't buy it on Ebay, it was a private sale and for a lot more money.

If I buy at an auction I accept being stung unless it was not as described.

If I had bought it this time I would have accepted it especially for that price.

The guy who bid a fiver less has just been to view it (in his diesel 400 Tourer). He knows about the Cat C and will make me an offer tomorrow...hopefully.

Chris

Tourerfogey · Posted 23 Nov 2010, 16:09 #10

Quote: 'If I buy at an auction I accept being stung unless it was not as described.'

But it wasn't as described, (through no fault of your own I know) which is why the high bidder is rejecting it.

JohnDotCom · Posted 23 Nov 2010, 16:49 #11

Most unusual for someone to pay for a check on a car of that age etc.
Mind you if it had all gone through and then found out a Cat C he could have come back for his money back through court.
Law is strange, but ignorance is no excuse, as many have found out unfortuneately, people have lost thousands not realising outstanding HP or similar on cars.

rovernut · Posted 23 Nov 2010, 23:29 #12

Agreed to sell to second best bidder. He has no problem with Cat C for common sense reasons.

I can't describe a car as Cat C if I didn't know about it( as you say TF.)

So if you sell a car with HGF (Head Gasket Failure) and don't know, are you saying they can ask for their money back if bought as seen tried and tested from a private seller?

Surely technically they should check first for Cat C etc via HPI before they bid?

Chris

PaulT · Posted 24 Nov 2010, 01:08 #13

rovernut wrote:Agreed to sell to second best bidder. He has no problem with Cat C for common sense reasons.

I can't describe a car as Cat C if I didn't know about it( as you say TF.)

So if you sell a car with HGF and don't know, are you saying they can ask for their money back if bought as seen tried and tested from a private seller?

Surely technically they should check first for Cat C etc via HPI before they bid?

Chris

Ignorance is no defence in law.

What was the eBay item number so we can see how you described it.

Also, did I read somewhere that it should be declared Cat C to an insurance company and they will load it because of this.

I do sympatise with you - Ã‚Â£300 is lose change for a car, but can also sympatise with the highest bidder.

Paul

JohnDotCom · Posted 24 Nov 2010, 09:11 #14

You are correct Cat C as other write offs etc repaired and passed
Must be notified to Insurance company, some won't even insure.
Some will load premium others reduce any payouts by a high %

rovernut · Posted 24 Nov 2010, 10:31 #15

Thanks Paul and John

I agree that ignorance is no defence.

I sympathise also with the first buyer for declining to buy after checking.

For the sort of money paid for these old cars though I believe its not worth checking via HPI.

What happened to Caveat Emptor..... buyer beware?

Should I ask for compensation from the chap who sold me my new one as the wipers squeak, the mirrors dont heat up and the front tyres whine at 55mph? He didn't declare these faults and neither would I have done. No... I accept all this when buying used.

Should I let my insurance companies (various) know that I owe them extra premiums for the undeclared CatC?

I still only have the word of the first buyer that it is Cat C. Should I HPI it to check? It might be Cat B and I will have broken the law again!

Crazy game, I'm too old for the hassle, but how do I sell it other than for scrap!

Chris

Duncan · Posted 24 Nov 2010, 13:11 #16

Sorry, but something that's puzzling me.

HPI basically use the insurance database, don't they? So if HPI know, surely the insurers know?

I'm sure I'm missing something here?

JohnDotCom · Posted 24 Nov 2010, 21:12 #17

I call it a cop out Duncan,
they know but state in small print you have to declare or you are not insured.
Bought back my Rover 600ti and repaired it and insured with payout company, when I tried to claim for screen at a later date told policy void for non disclosure.
Work that one out.

PaulT · Posted 25 Nov 2010, 06:59 #18

JohnDotCom wrote:I call it a cop out Duncan,
they know but state in small print you have to declare or you are not insured.
Bought back my Rover 600ti and repaired it and insured with payout company, when I tried to claim for screen at a later date told policy void for non disclosure.
Work that one out.

Ah, but did you get the free nude lady

(for the younger ones of you from a Monty Python sketch about insurance)

Paul

Tourerfogey · Posted 25 Nov 2010, 13:59 #19

That'll be this one then:

http://www.youtube.com/watch?v=kO2R_DDZPCM

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Category C Write Off on Ebay by rovernut