HELP + Can I do anything?

[sarahjones]

Hi
I have recently purchased a Kia Picanto, I have had numerous little problems with it since I have had it but I have just put my hand in my pocket and paid out as the Warranty that came with the car only covered me upto a maximum of £250. (I have had to buy 4 new tyres - I knew that these would need replacing but did not realise they were dangerous until I had to brake in the rain, windscreen wipers and also get the Green Flag out when the car was dead - due to the fact the battery had not been bolted into the car!!) today I was shocked to learn when I received the paperwork from the DVLA that the Car had previously been involved in an accident - It doesn't appear to be a CAT *? but on section 3 special notes it states 'Substantially repaired and/or accident damaged, identity checked on 20/05/2011' - the dealer that sold this car to be did not inform me of this when I purchased it - this is the final straw for me - I would not have purchased the car it I had known it had previously been involved in an accident - I now do not feel safe in the car at all - I need this car on the road and reliable as I am a carer in the community, is there anything I can do?
Any assistance would be gratefully received.

 

[mattylad]

Hi sarah!

Can you advise as to whether or not you bought this car from a local or national car dealership?

My understanding of car accidents, is that unless the damage was in fact categorized, then there is no need to be worried about the safety of the car.

With regards to tyres - as Im sure you're aware, this should have been checked before you bought the car, however, the issue of the battery not being fixed in, is a totally different issue - something which you should take up with the dealership more formally.

Have you tried to read reviews online of the company you bought the car from?

Hope to hear soon

Matt

 

[sarahjones]

Hi Matt

Thank you for your reply. I bought it from a local dealer in Southampton, out of choice, even though it may be perfectly safe, I would not have bought the vehicle if I had been told that it had previously been involved in an accident.

Please excuse my being a little thick (I am a woman after all who knows nothing about cars lol) but it must have been significant damage at some point for it to be noted on the Registration Document?

I have tried find reviews online but not been able to - there are testimonials on their own website but I would not trust these to be accurate.

Kind Regards

Sarah

 

[Witch consumer]

Sarah

When a car is in an accident, the damage is categorised with Cat A being tota, write off fit for nothing and Cat D being repairable, they write odd cars if ghe value of the parts is 50% or more of the value of the car.

As your car has noy been categorised, it was not written off, merely accident damaged and repaired. My son and I both have Cat D write oofs and they have been brilliant cars

Hope this helps

WITCH

 

[hopeithelps]

witch consumer is correct.
however, the car will have been a write off for it to have a mark on the vehicle registration document.
It can only be a category C or D. C repairable, but uneconomical. D various others reasons.. usually relating to a potential problem that may arise where a repair would be unviable... or even for other reasons I wont bore you with

suffice to say. the vehicle is perfectly safe to drive and may not need a vehicle idenity check if a Cat D. however, the dealer should have provided you with a copy of the HPI check- to ensure that there is no previous accident damage on the vehicle. and to ensure that the vehicle has no outstanding finance on it- which you would be responsible for now as the owner of the vehicle (as for some bizarre reason, finance stays with a car rather than the person who arranges it!)

if they have not provided this I would argue that you could not reasonably be expected to know this and as such they are breaching their duty of care to you and you have a "post sale barrier". not sure if thats the correct expression as im not very salesy to honest.

final issue is as the car has this written on the V5. the car has been written off. call your insurer claims department and ask them to run a Miaftr on it. they will be able to tell you who wrote it off and when. if you have legal expenses cover explain the situation and they may be able to help.

essentially as the car has been written off it is not worth as much as another vehicle of the same make model mileage etc... that has not been involved in an accident. So if you got a bargain... that is probably why.

however, if you were not in possession of all the facts at the time of purchase... you can not "duely consider all the facts" and as such a contract between you and the garage for the sale of the vehicle does not exist... in my opinion... as full consideration of the offer from the garge was not possible for the reasons you stated..