Bought a Written off Vehicle and Wasn’t Informed about It

L101 on 02/09/2020 - 13:08
Last edited 02/09/2020 - 13:53 by 1 other user

Hi everyone need your input on this.

I bought a vehicle recently from a private owner for Uber and the owner assured me that she was the first and only user of the vehicle and that the car had never been in an accident. The VIN number in the advert was wrong and when I checked for the car history several times I always got an error. I took the car to my mechanic after buying it only to discover that the car had been previously written off some months ago.

I contacted the lady and she said she didn’t know the car had been written off in the past and she only just bought it and thought to sell it because she needed a bigger car. I’m stuck with a car I cannot resell and cannot use for Uber the main purpose I spent all my money buying the vehicle. I don’t know what to do and I feel so bad that an adult my parents age will lie to get their way.

Automotive

Comments

  • Hardlyworkin on 02/09/2020 - 17:29
    +3

    Trade it for a bicycle and do Uber Eats

  • bloom on 02/09/2020 - 18:06
    -1

    Did you get it for uber cheap?

  • branx on 03/09/2020 - 07:59
    +1

    Why would you not get the right Vin number and get a PPSR to check. Did she sign the transfer Papers and not indicate it was written off? Under the act in Vic she has made a false declaration, maybe try and bluff that you are going to take this further.

  • gbarlett on 03/09/2020 - 08:25
    +4

    this is a joke right? how can someone be so careless even after going to the effort of making the basics of checks and still proceed?

  • HelpMeiCantSee on 03/09/2020 - 08:56
    +5

    Ok, seeing everyone is roasting you before getting full info, I’ll be the civilised one.

    What car did you buy and for how much?
    Where did you buy it from (gumtree, Carsales, Facebook, ebay, dealership etc)? Where defines what recourse you have.
    What pre purchase checks did you do and by whom? Again this will define your recourse.

    It sucks you’re hard done by, but nobody can help or offer anything without MUCH more information.

    • gbarlett on 03/09/2020 - 09:01
      +1

      "I bought a vehicle recently from a private owner"

      There is no recourse.

    • HelpMeiCantSee on 03/09/2020 - 09:03
      +1

      I also forgot to add- was the vehicle registered or sold unregistered?

  • dc4207 on 03/09/2020 - 09:07
    +6

    Go to the police, sounds like fraud to me.

    • Sr11 on 03/09/2020 - 10:50
      +10

      Yes open up a case of fraud against the seller. This appears as they intentionally sold you a written off vehicle.

      Your best bet is to seek legal advice on this matter.

      What they did is wrong and deceitful (especially if you did ask the question of the vehicle being a write off).

      This will cost you to get corrective action.

      • esty on 03/09/2020 - 16:21

        It's not fraud, you can sell written off vehicles (repairable write-offs).

        It was a private sale, so it was up to OP to do the proper checks.

        • MuddyClear on 03/09/2020 - 21:30
          +3

          It's not fraud, you can sell written off vehicles (repairable write-offs).

          But you must disclose this under the law.

        • TheBird on 04/09/2020 - 11:59

          Aa potential element to consider. Disclosing the wrong VIN.

          • esty on 04/09/2020 - 13:08
            +1

            @TheBird: oh yeah, nah - that's still up to the OP to do their checks. Dont get me wrong though, very dirty move by the seller.

            • MuddyClear on 05/09/2020 - 23:00

              @esty: There is a difference between not disclosing and blatant lying about it never having been in an accident. Of course it’s heresay in the eyes of the court until there is proof like written record in advertising.

              • Euphemistic on 06/09/2020 - 10:51

                @MuddyClear: Written off may involve hail or flood damage. Ergo, no accident. OP has been slack in providing more details to confirm the type of damage.

            • TheBird on 06/09/2020 - 20:27

              @esty: Deceipt is an element of fraud.

              For a meeting of the minds, both parties need to enter the arrangement with clean hands. So, while you may be correct in most circumstances, disclosing the wrong vin, could be an mistake, it could also be deceipt.

  • eXo on 03/09/2020 - 09:38
    +3

    if you did a bank transfer then order a reversal and dump the car through her house like someone said before lol

  • kiitos on 03/09/2020 - 09:54

    Where did you go to buy the car? At the person's house? I can't imagine being so brazen as to lie about the car to get a sale, if the buyer knows where you live.

  • Windows98 on 03/09/2020 - 09:57
    +1

    Hm wonder why so many people create an ozbargain account just to ask a question which will obviously be flamed and raised to the front page of the site.

    • burningrage on 04/09/2020 - 19:40

      Because fame sometimes can be priceless. Even if it is fame to be flamed.

  • BigBirdy on 03/09/2020 - 09:59
    +6

    If it’s registered, paint a message on it, and regularly park around her neighbourhood ..

    Call Gladys 0412345678 for a good VIN

  • OzHunterNSW on 03/09/2020 - 10:19
    +2

    Take the matter to the Police… this is a fraudulent act. A criminal act.
    You could, or others, be killed bc of her deceptive and criminal activity.

    Go to the Police.

    • gromit on 03/09/2020 - 12:35

      its a dirty and immoral act, but not sure it is a criminal one unless she signed some documents claiming it hadn't been written off. The onus is on the buyer to do due diligence in private sales.

  • Logical on 03/09/2020 - 10:44
    +3

    How much did you pay for the car? Cash or EFT or Bank Cheque? If EFT then reverse the transaction informing the bank of the fraud.

    I would take it back to her for a full refund informing her that if you do not get the refund then the matter will go to court for the deceptive and fraudulent description of the vehicle and that she will also need to cough up all court and legal costs in the matter as your lawyer said she will loose. So tell her that it will be much cheaper for her to give full refund now.

    Do a camp out with the car on her driveway till she cracks and pays out. If cops show up then be ready with the paperwork showing the fraud in the sale of the vehicle.

    How much will the wreckers pay for the car as a means to recoup some of the money?

    • brendanm on 03/09/2020 - 11:07

      There is no fraud. Private seller doesn't have to disclose written off history. It's up to the buyer to check.

      • kiitos on 03/09/2020 - 12:42
        +5

        But surely there's a difference between "not disclosing" and "misrepresenting", since the op said

        owner assured me that she was the first and only user of the vehicle and that the car had never been in an accident

        • brendanm on 03/09/2020 - 13:11

          So when you go to court/xcat, what evidence will you supply to show that this is what was actually said?

          • ankor on 03/09/2020 - 16:03
            +1

            @brendanm: Perhaps the amount paid for the vehicle?

            • brendanm on 03/09/2020 - 16:57

              @ankor: Which has what to do with anything?

              • ankor on 04/09/2020 - 07:03

                @brendanm: I don't know if you're being deliberately silly or not. Look at ivagg59s answer below.

                • brendanm on 04/09/2020 - 07:08

                  @ankor: I don't think you know what proof is actually required in court.

                  Regardless, I've bought a tonne of cars at well under market price, none of them have been written off. Also, by your logic, if it was so cheap that it's obvious it's a write off, then op would have known.

                  I feel sorry for judges at xcat if they have to deal with people like from this thread, who have no idea about proving anything.

                  If the seller had made up a false ppsr search certificate, that may go toward pricing misrepresentation, however you would still need to prove it was provided by the seller, and not made by the buyer. Op had every opportunity to do a ppsr check when seeing the cat in person, however they didn't. Why can no one take responsibility for their actions nowadays?

                  • ankor on 05/09/2020 - 19:00

                    @brendanm: My logic was that the car may have been bought at a price higher than what you'd expect for a wovr'd vehicle, which would bolster the OP's story. It's utterly bizarre that the OP kept going despite several PPSR searches failing. We're all assuming that he didn't verify the VIN or the plates through the qld rego check website and also, on the vehicle itself.

                    Maybe he bought the car at the WOVR'd salvage price and with the WOVR sticker on the vehicle and he's now complaining about that.. Who knows.

                    Lastly, I don't think anyone in this thread has said he should take this matter to court?

                    • brendanm on 05/09/2020 - 20:41

                      @ankor: It doesn't matter. None of it matters, as private sellers do not have to disclose the written off status of a vehicle. Op had access to the actual vehicle, with the actual vin number on it. As they are in Qld, they also could have looked up the rego and got the vin from that.

                      The onus is 100% on the buyer to do their own research, and check that a vehicle has not been written off, and has no money owing. What the seller has said, not said, or implied does not matter, as none of it is provable.

          • kiitos on 03/09/2020 - 20:17
            +1

            @brendanm: So a crime can never have occurred unless it's proven in court?

            • brendanm on 03/09/2020 - 20:42

              @kiitos: It's not a crime to not disclose written off status. We also only have one side of the story.

      • Logical on 04/09/2020 - 17:52

        Show the advertisment with the wrong VIN and the buyers search of the advertised VIN.

        • brendanm on 04/09/2020 - 20:09

          People make mistakes, could be a typo. As it didn't even return a result, it's fairly obvious to anyone that they should get the actual vin and do an actual check on it.

  • lvagg59 on 03/09/2020 - 11:03
    +4

    Every second advertisement on Facebook marketplace or Gumtree is for vehicles that have been written off. Easy to tell which ones they are because the price is usually below market price. First question I always ask is has this vehicle been through WOVI/WOVR and if it has then you know you're looking at a repairable write off which can be registered and sold etc. This will show up when you do your PPSR check which also shows if there are any encumbrances over the vehicle, you're lucky that there wasn't a debt on the car as it would have also transferred with the vehicle. The problem with repairable/economical write offs is the insurance as most insurance companies will not sell you fully comprehensive insurance on a car that has been written off.

    • Pizdets on 03/09/2020 - 11:30
      +2

      Insurance companies do insure repairable write offs. At least Suncorp and it's network brands (Shannons, Aami etc) do.
      I know this because I bought a repairable write off and was in a not at fault accident. I had comprehensive insurance and they even insured it for market value even though I bought it well below knowing it was on WOVR.

    • moogie on 04/09/2020 - 00:59
      +1

      Have had no issues at all insuring my car which is a repairable write off. I’ve had fully comprehensive insurance with AAMI, RACV and Coles over the 9 years I’ve had the car and had it repaired for an at fault accident with no issues.

  • earth worm jim on 03/09/2020 - 11:07

    Best bet is to reach an agreement with the seller and try to get some of your costs back. See what the cost to repair is if it's a repairable write-off. If it's too much try to sell it to a garage. If it's not repairable sell it to the wreckers. Won't get much back but lesson learnt.

    • gromit on 03/09/2020 - 12:40

      why would the seller want to come to any sort of agreement? This sounds like an intentional act (assuming it isn't a troll post) and as it is buyer beware with these sales he doesn't really have much recourse. When you buy a car privately you need to check PPSR, if the check fails for some reason then you do not proceed with the sale. Really he sounds like he is getting off lightly, as he didn't check he could also have inherited a debt with the car as well.

  • Mark1159 on 03/09/2020 - 11:14

    In Victoria, isn’t there provision on the transfer registration forms for WOVR status to be declared?
    Won’t be first time if I’m wrong.

  • shakman on 03/09/2020 - 11:27
    +1

    I know you are not in Victoria, but I know some insurers won't insure a written off car….

    Didn't your insurer advise you that the car was a write off when you gave them the registration or other information???

  • Butt Scratcher on 03/09/2020 - 11:28
    +3

    Jeez, what was the point of looking for the VIN number if you are just gunna buy it regardless. The VIN is all over the car, if there is any discrepancy (especially wheb the seller claims it's accident free) or you cant verify it, you shouldnt even consider buying it.

    Check other parts of the car, maybe there's a valid VIN somewhere.

    What VIN does the rego paper say

  • tasty-falafel on 03/09/2020 - 11:36
    -8

    Hit up Dictator Dan, he'll sort it for you.

    tasty-falafel on 03/09/2020 - 11:36 (Collapsed - Offtopic. Show)
  • superuser on 03/09/2020 - 11:41

    Have you learned anything? If so, that's good and move on. If not? I don't know…

  • EhhSteavOhDeav on 03/09/2020 - 11:42
    +6

    Everyone's going all 'Caveat Emptor' on your ass, but the seller expressly lied so that's off the table. See a lawyer, if you have a copy of the ad or something in writing with the false VIN or saying that she's the first owner you can probably have the contract rescinded on the basis of misrepresentation.

    • oddyseeh on 03/09/2020 - 11:50

      They could plea ignorance?

      • EhhSteavOhDeav on 03/09/2020 - 17:00
        +1

        A contract can still be rescinded if it's based on false information, whether or not the misrepresentation was intentional. You can't go for damages, though, unless the misrepresentation is fraudulent or negligent.

      • blorx on 04/09/2020 - 17:55

        like they already did? worked for them once…

  • 82norm on 03/09/2020 - 11:50
    +1

    I think you need a new profile name.

  • afah0447 on 03/09/2020 - 12:20
    +1

    Due diligence.

  • Euphemistic on 03/09/2020 - 13:17
    +1

    Another one post wonder. Lock the thread.

  • [Deactivated] on 03/09/2020 - 13:32
    +4

    Turn it into a dedicated track car.

    • adn on 03/09/2020 - 14:42
      +1

      Agree.

      Get some swap bars, coil overs, good tyres and/or rims and change rotor and/or pads.
      Once you get bored, look at more power and do the supporting mods to make it reliable.

  • sardines on 03/09/2020 - 14:09
    +1

    Always good to have these posts as i am very inexperienced and would not know to check the VIN number —Though saying that doing a quick broad google search it tells to you make certain you have the right VIN and plenty of sites do a background check for you quite cheaply . I hope you have some recourse OP especially at this time when everyone is financially hurting

    • Euphemistic on 03/09/2020 - 15:24

      plenty of sites do a background check

      Only the government site provides value. The other sites that provide ‘comprehensive’ reports do nothing more than grab some typical data about the vehicle from red book like average price and kms. Nothing more. They can’t get more info than the govt report site.

      • JDMcarfan on 06/09/2020 - 12:06

        Dont know why someone down-voted you ( I balanced it out), but what you've said is 100% correct.

        $2 PPSR gives you everything you need. Only difference I can think of is in NSW (maybe other states too), the check rego site doesn't give you a full VIN (only last 4 digits) which makes it hard to check against the PPSR if you dont have the VIN on hand.
        Some of these companies are able to source that independently from the provided rego and then check the PPSR for you and give you random extra info.

        You can get around that issue using 3rd party sites. One I've found is https://www.volkswagen.com.au/app/locals/trade-in. You can simulate trading the car your interested in (i think i needs to be kinda new and have rego plate thats at least a year old (i.e. cant be a brand new number plate like Exx-00x, in NSW) and it throws the VIN from a rego

        • Euphemistic on 06/09/2020 - 15:01

          Dont know why someone down-voted you

          I get the feeling someone doesn’t like me. Had a couple of factual comments downvoted recently. Of course I expect some of my ‘opinion’ posts to get downvoted though.

  • Toph Beifong on 03/09/2020 - 14:49

    Take the registration papers and compare the VIN listed there to the VIN located on the side door jamb and make sure they are the same! Due diligence.
    Then once they match, enter the VIN into the government PPSR website to make sure its free from encumbrances and accidents.

  • 91rs on 03/09/2020 - 14:57
    +6

    Drive it in to her new car so you write yours off (insurance cash out), ruin her new car and tell her to tell the next person its a repaired write off vehicle if she tries to pull the same sh!t again with another person.

    However you didn't do the basic things you needed to do to avoid this.
    If the VIN wasn't right i'd have been asking for photos of the VIN plate, or doing the check while inspecting the vehicle.

  • mrhugo on 03/09/2020 - 15:09
    -4

    This dude is has been a registered for what, a day. A troll post. His probably having a laugh watching us waste our time.

    Close this thread. If the guy hasn't contributed to our community why should so many people waste their time.

    Don't worry we can't save him, a fool and his money are soon parted. The only thing that would make this better is if he was able to get a no-doc shark loan to pay for this 'so-called' car.

    • zombrex on 03/09/2020 - 16:08

      no one made you respond or read this thread. Let the guy ask for advice.

  • godofpizza on 03/09/2020 - 16:10

    can the op put the car up for auction? do they still let repairable write off in auctions?

  • esty on 03/09/2020 - 16:24

    which state are you in, OP?

  • fozzie on 03/09/2020 - 17:09
    +1

    Op People lie. I’m sorry this happened to you but before buying you should have done all the checks!

  • MS Paint on 03/09/2020 - 17:23
    +1

    I will reply on the missing op's behalf…

    Thanks to everyone for the very informative advise advice. This looks like a great community. I look forward to making more contributions in the future. Cheers to you ozbargain.

  • zuuutoootuuu on 03/09/2020 - 17:30

    If a vehicle has been written off but repaired correctly and passed a VIV then it is legally allowed back on the road.

    Regarding uber, I had a quick search https://help.redbookinspect.com.au/hc/en-gb/articles/3600005…

    If the transfer occurred in Victoria, on the transfer form you have been notified of it's status by a ticked YES or NO.

    • Mark1159 on 03/09/2020 - 17:55

      Thought I’d seen it on Victorian transfer forms

  • PerfectShopper on 03/09/2020 - 18:01
    +2

    Obtain benefit by deception.

  • mohan76 on 03/09/2020 - 18:01

    you could start with small claim tribunal , you can obtain original copy from website , you have good chance to win, hope she have money to payback

  • HelpMeiCantSee on 03/09/2020 - 18:36
    +4

    OP is a troll. One post wonder, no replies. Well played ma’am.

  • [Deactivated] on 03/09/2020 - 18:43
    +1

    Unfortunately is always the Buyers fault.

    It's happened to me.

    Heaps of dodgy people buy repairable write offs and do sub-par repairs and resell.

    Nothing happens.

  • Cave Fire on 03/09/2020 - 19:32

    There's two types of write offs: Statutory and repairable. If it's repairable, you can fix it and get it inspected to get it off the register. This can be expensive and you have to keep all repair documents etc. It could be a write off for tax. Statutory write off means it should never have been on the road. Not sure whether you have legal options or not in both cases. I would also check the PPSR yourself and find exactly why it was written off. You might be able to easily fix the issue and re-register. Otherwise, you would be looking at scrapping it and maybe claiming a loss. Bought about three cars with dodgy roadworthy's in Brisbane, so know what it's like…

  • EnALup on 03/09/2020 - 20:08
    -1

    Happened to one of my friend and he went to seller and confronted them asking money back. He also advised to report them to police for fraud.If seller is showing no clue about it,
    may be take police support.

  • [Deactivated] on 03/09/2020 - 22:14
    +3

    You still went ahead with the purchase even after finding out you had the wrong VIN?

    No sympathy here. You’re the the fool who got played.
    Harsh, but true.

  • ribze1 on 03/09/2020 - 23:08
    +1

    Don't feed the troll

  • bizarredeal on 04/09/2020 - 06:09
    +1

    Good lesson for the rest of us. Sorry to hear OP. Hope you can salvage something out if your situation.

    May be the last is not entirely operating by herself and there's a bigger network for this type of scams. Be careful and vigilant out there.

  • Brianqpr on 04/09/2020 - 08:03
    +1

    Buyer beware, especially with cars. Selling sites such as marketplace are full of dodgy people trying to rip others off, both buyers (the "last price" spammer morons) and sellers.

    Very easy to confirm the VIN and check it online for any write off history or finance on the vehicle. Beyond that it's sold as seen and you don't have a leg to stand on.

  • payless69 on 04/09/2020 - 11:06
    -3

    Rule No1 on scumtree: only use paypal.
    Rule no2 if not checking out open paypal dispute….

    • Euphemistic on 04/09/2020 - 11:59

      Rule no 1 for gumtree sellers: only accept cash. It’s too easy for buyers to scam you with PayPal.

      • payless69 on 05/09/2020 - 16:41

        Depends on the amount. I have a limit of 300, over that it is a photo of sellers license and cc.
        Legally it is called a civil dispute. Qcat will certainly look at if fee is paid. If she never owned the car such as having been able to register it then technically it can be considered "tainted" property. We don't know the amount, so it is a waste of time.

  • Oofy Doofy on 04/09/2020 - 11:56
    +1

    Next time have it taken to your local trusted mechanic (should be no more than $100), on top of all the other advice here. Otherwise pay $280 for Stateroads to do a comprehensive evaluation for you (they're mobile and will check a car out for you anywhere), for peace of mind, before you hand over $.

    Can't trust anybody without proof, just the way it goes. The lady claiming ignorance means nothing, still get things looked at by a professional if you really want a vehicle.

  • ozbargainer666 on 04/09/2020 - 12:09

    sell it to the next fool

    • Oofy Doofy on 04/09/2020 - 13:03

      How lovely, that's not what good people do.

      Learn a lesson and live with it, then junk when it's EOL.

  • giventofly on 04/09/2020 - 12:46
    -2

    I am so sick of these stupid posts.

    Member since 02/09

    Why post on OzB to ask this? It's like they know every other week there is someone who does something that is patently stupid and asks for help on a bargain website.

    • 101 on 04/09/2020 - 20:03
      -3

      Drink some water mate. No one asked you to comment or read. It’s a forum where people with issues you don’t have to answer if you don’t like the question. You sound so angry, seek help

  • Bammers on 04/09/2020 - 17:18
    +1

    Almost did the same thing with a car purchase once… had the cash and i was on route to do the dealio…. 1/2way there I did a PPSR and found it as a written off car…. no dice… gotta do your homework bro.

  • ruddiger7 on 04/09/2020 - 17:40

    Drive it through her house and write it off for good.

  • blorx on 04/09/2020 - 17:56

    just sell it to another unaware-buyer like yourself

  • The Value on 04/09/2020 - 18:22

    At least you didn't get an encumbered vehicle with finance owing on it. That is truly the worse case scenario.

  • 101 on 04/09/2020 - 20:05
    +2

    Thanks for your suggestions and advice guys. I’ve learnt from my mistake and I hope someone reads this and doesn’t make the same. 🙌🏾

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