my rights buying car online auction I think I can ask refund

my rights buying car online auction I think I can ask refund

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rikardo_82

Original Poster:

39 posts

85 months

Friday 24th February 2017
quotequote all
I bought car from cartransplants site they did not mention engine damage it's 2016 car 6000 miles...
engine knocking...
when I called they told engine perfect, in description it was not mentioned, I know they can try to hide behind their TOS and according to heir TOS I have no rights whatsoever even if car has different engine Lol...
But I found law
http://www.legislation.gov.uk/uksi/2013/3134/made
which states that I have rights for refund 14 days
exculded form this is public auction say it was BCA where I had opportunity to attend in live auction but this is not case with cartransplants... they have only online...
so what would you do?
I asked them refund and if they refuse I take them to small claims court???
I'm right or no???

maybe some people dont't know but these changes are just from 2014 so yes before excluded were also online auction but now only exemption would be public auction!

sandman77

2,366 posts

137 months

Friday 24th February 2017
quotequote all
rikardo_82 said:
I bought car from cartransplants site they did not mention engine damage it's 2016 car 6000 miles...
engine knocking...
when I called they told engine perfect, in description it was not mentioned, I know they can try to hide behind their TOS and according to heir TOS I have no rights whatsoever even if car has different engine Lol...
But I found law
http://www.legislation.gov.uk/uksi/2013/3134/made
which states that I have rights for refund 14 days
exculded form this is public auction say it was BCA where I had opportunity to attend in live auction but this is not case with cartransplants... they have only online...
so what would you do?
I asked them refund and if they refuse I take them to small claims court???
I'm right or no???

maybe some people dont't know but these changes are just from 2014 so yes before excluded were also online auction but now only exemption would be public auction!
When did you buy this car and when did you notice the knocking?

TooMany2cvs

29,008 posts

125 months

Friday 24th February 2017
quotequote all
rikardo_82 said:
I bought car from cartransplants site they did not mention engine damage it's 2016 car 6000 miles...
You bought a 1yo, 6k car from a breaker's, whose auction site describes their stock as "salvage vehicles", and you're surprised there's a problem with it?

https://auctions.car-transplants.co.uk/

Sorry, but your consumer rights make allowance for "reasonable expectations". Go on, how much cheaper was it than a straight one, and what was the apparent damage?

rikardo_82

Original Poster:

39 posts

85 months

Friday 24th February 2017
quotequote all
2 days ago and immediately after it got delivered so I'm in time for 14 days refund period

IanCress

4,409 posts

165 months

Friday 24th February 2017
quotequote all
Maybe if you had 'engine is perfect' in an email from them you would be in a better position. Sounds like it was just a phone call, which they can easily deny ever happening.

TooMany2cvs

29,008 posts

125 months

Friday 24th February 2017
quotequote all
rikardo_82 said:
2 days ago and immediately after it got delivered so I'm in time for 14 days refund period
Did you notice this bit on their website...?
CarTransplants website said:
Salvage vehicles can be inspected before you bid on the online auction.

E36Ross

501 posts

111 months

Friday 24th February 2017
quotequote all
How much cheaper was it than say others listed on eBay and AutoTrader?

rikardo_82

Original Poster:

39 posts

85 months

Friday 24th February 2017
quotequote all
I know this I saw car in day of auction I know it was my risk etc, but what I want to know where we stand in terms of law.
anyone can write any TOS etc but law is law and if it get's to court that is what matters.
business can write in their TOS "you accept that we sell stolen cars" but in terms of law it's illegal and has no value such TOS...
yes ok car can be inspected before but by does it matter for these distance regulations?
Technically I buy from online auction not public auction so???
such term : "if product can be seen before online auction" is not as exemption in law...

MorganP104

2,605 posts

129 months

Friday 24th February 2017
quotequote all
He doesn't want to tell us how much he paid, does he?

My guess is that he paid about 50% of book price for the same make/model/age of car in "A1 used condition".

andymc

7,334 posts

206 months

Friday 24th February 2017
quotequote all
you're stuffed, if you wanted warranty etc buy from a garage

rikardo_82

Original Poster:

39 posts

85 months

Friday 24th February 2017
quotequote all
E36Ross said:
How much cheaper was it than say others listed on eBay and AutoTrader?
car is 7000 at least autotrader
I buy for 3800
it was category D
I think reason for category D is engine damage not body damage...

andymc

7,334 posts

206 months

Friday 24th February 2017
quotequote all
why didn't you attend? In summary you bought from a salvage company and as the engine has a knock you want your money back? Any idea why the car was in? water damage etc
I think you're screwed and IMHO rightly so

TooMany2cvs

29,008 posts

125 months

Friday 24th February 2017
quotequote all
rikardo_82 said:
car is 7000 at least autotrader
I buy for 3800
it was category D
So, yes, you bought a write-off for half of the headline value.

rikardo_82 said:
I think reason for category D is engine damage not body damage...
The reason for Cat D is that an insurance company wrote it off, even though the apparent damage may have been less than the pre-damage value. One reason they do that is to cut their losses in case of un-noticed problems.

How badly damaged did it seem to be?

It's flood damaged, isn't it? Please tell us it isn't...

andymc

7,334 posts

206 months

Friday 24th February 2017
quotequote all
I buy cars from all the major auction houses and you will have to whistle for a refund, thats why the public shouldn't use them

rikardo_82

Original Poster:

39 posts

85 months

Friday 24th February 2017
quotequote all
andymc said:
you're stuffed, if you wanted warranty etc buy from a garage
I'm not talking for warranty now... or how good or bad is car...
I'm interested about this regulation because maybe I can reject car for whatever reason even if I don't like color or seat was dirty...
you see what I mean does not matter how much I paid etc...

it's just interesting if this regulation can be applied to car online auction sites or no?
returning product within 14 days cooling off period. !

I would not do this of course if no major problem was there not so stupid...
I somehow trusted seller other time I saw car in their yard it did not start so I asked what's wrong he told engine totally gone he could say oh maybe some sensor not ok or fuel pump not work... other times they mention faults in description you see that's why I trusted more or less all will be OK. and it was new car 8000 miles how the hell engine gone...

andymc

7,334 posts

206 months

Friday 24th February 2017
quotequote all
water damage? oil starvation? water leak?

rikardo_82

Original Poster:

39 posts

85 months

Friday 24th February 2017
quotequote all
andymc said:
I buy cars from all the major auction houses and you will have to whistle for a refund, thats why the public shouldn't use them
difference from what auctions you buy public like BCA yes in that case if sold as seen 100% no comeback
if online auction where sales and bids are 100% online it's different then distance selling regulations may come into force as far as I understand...
this I want to discuss in this topic smile

rikardo_82

Original Poster:

39 posts

85 months

Friday 24th February 2017
quotequote all
andymc said:
water damage? oil starvation? water leak?
oil starvation

andymc

7,334 posts

206 months

Friday 24th February 2017
quotequote all
you don't have a hope in hell, sorry if it's not what you want to hear

Butter Face

30,191 posts

159 months

Friday 24th February 2017
quotequote all
Hilarious thread rofl

Bought cheap at auction, a salvage auction no less, then wants to send it back because it's broken rofl