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Legal advice needed - finance on a cat C.

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Old 23 March 2010, 12:19 AM
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Icy
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Default Legal advice needed - finance on a cat C.

Hi, I bought an ice-cream van 4 years ago from a private seller financed by a major finance company. It was a 5 year plan and is due to be paid off in a year.
I recently took the van for an MOT and in passing the tester asked me when it had been wrote off. This was a shock to me as when I bought it the finance company had said I didn't need to get it HPI'd as they would do it for me and that it had came up clear. I paid top money for the van and obviously wouldn't have bought it had I known it was a Cat C. Does anyone know where I stand with this? Any advice appreciated thanks.
Old 23 March 2010, 01:07 AM
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wanted
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Think you need to get in touch with the financial ombudsman. Do a google search
Old 23 March 2010, 08:36 AM
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If its a CAT C the V5 logbook states that it has been damaged on the front page at the bottom under special notes, so i presume you have never seen the V5, you have no excuse for not seeing its a CAT C.
If its CAT D it does'nt say on the V5, although a HPI will show it.
Old 23 March 2010, 12:18 PM
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bugboy
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Hiya good luck with this one mate.. also try citizens advise buro.. take all documents and paper work.. and keep your fingers crossed..

hope it works out for you..
Old 23 March 2010, 12:29 PM
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I think that if whoever owned it before never claimed on his insurance and just fixed it himself there will be no record of it. This could explain it
Old 23 March 2010, 12:37 PM
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its not cat c then .
Old 23 March 2010, 01:21 PM
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How did the mechanic know it was a cat C?
Old 23 March 2010, 02:18 PM
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A van can be a Cat C, and not require a VIC test, hence it not showing on the logbook anyway.
Old 23 March 2010, 02:52 PM
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^^^ As above, no VIC and it won't show on log book
Old 23 March 2010, 06:02 PM
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isnt it illegal to sell a vehicle without informing the buyer regardless of which category it is?
Old 23 March 2010, 10:20 PM
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Only if the seller is aware of it, would be hard to prove
Old 02 April 2010, 12:15 PM
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Icy
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Thanks for the replies, the only real paperwork I have is the original finace agreement I never had nothing stating that it was hpi clear only what I was told on the phone. Its not on the logbook and the tester said its probably cos its not had a VIC test but by law they weren't required to do so until 2005 and it was wrote off (Cat C) in 2003.
I will get around to talking to someone about it and seeing where I stand although I can't risk the van being taken back by the finance company and then going through a lengthy process to get some re-imbursement or replacement vehicle cos that would leave me without the means to work this year and would cost me more money.

Last edited by Icy; 02 April 2010 at 12:27 PM.
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