my rights buying car online auction I think I can ask refund
Discussion
Butter Face said:
Hilarious thread 
Bought cheap at auction, a salvage auction no less, then wants to send it back because it's broken
Indeed, what a clown!Bought cheap at auction, a salvage auction no less, then wants to send it back because it's broken
This attitude of people not taking responsibility for their own actions, wanting everything cheap then complaining when its not as good as they'd hoped.
If you want to buy and sell damaged cars be prepared for some hard work along the way.
rikardo_82 said:
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 comebackif 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
I bought one from from BCA Bedford and it caught fire on way home and got refund.
Another an Audi not very old decided on site that it wouldn't come out of park so couldn't leave site - got refund.
Several years ago bought what turned out to be a cut and shut out of BCA Enfield - BCA cancelled their payment to vendor and refunded me.
It's certainly no place for unwary private buyers as some of the cars are dangerous and seriously defective.
My friend bought a recorded (before the categories came in)side damaged car from a salvage dealer, we viewed and inspected it thoroughly before buying but didn't think to try and start it! Got it home and then discovered the reason it had the side damage was because it had slid into a lake- the engine and gearbox oil was full of water. The only external indication was some silt in the chassis number space on the windscreen- he'd obviously spent a fair bit of time cleaning/hiding the evidence and he knew he was "misrepresenting" when he advertised it as "light side". It didn't even occur to us to go back and complain, even though we'd bought a couple of cars from him previously, that's the risk with salvage.
Plenty of salvage sites often give the cars a "cheeky" tug with a dozer to try and make them look less damaged, you really need to know what you're doing when buying salvage- its not the cash cow most punters think...
Edit to say: I've no idea about the distance selling regs, presumably you had every chance to inspect the vehicle before bidding?
Plenty of salvage sites often give the cars a "cheeky" tug with a dozer to try and make them look less damaged, you really need to know what you're doing when buying salvage- its not the cash cow most punters think...
Edit to say: I've no idea about the distance selling regs, presumably you had every chance to inspect the vehicle before bidding?
Edited by TallPaul on Friday 24th February 13:23
rikardo_82 said:
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...
You can legally sell a car in any condition provided its not been miss-represented. Auctions are normally final and its down to you to establish the facts before you buy. 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...
If it was clear they are a salvage dealer, and you are buying a salvage/written off car, and you paid half the retail value, then I doubt you have very little comeback.
My advice would be to stick it on ebay and be honest in the description. I suspect you will get most, if not all of your money back.
nct001 said:
rikardo_82 said:
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 comebackif 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
I bought one from from BCA Bedford and it caught fire on way home and got refund.
Another an Audi not very old decided on site that it wouldn't come out of park so couldn't leave site - got refund.
Several years ago bought what turned out to be a cut and shut out of BCA Enfield - BCA cancelled their payment to vendor and refunded me.
It's certainly no place for unwary private buyers as some of the cars are dangerous and seriously defective.
98elise said:
rikardo_82 said:
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...
You can legally sell a car in any condition provided its not been miss-represented. Auctions are normally final and its down to you to establish the facts before you buy. 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...
If it was clear they are a salvage dealer, and you are buying a salvage/written off car, and you paid half the retail value, then I doubt you have very little comeback.
My advice would be to stick it on ebay and be honest in the description. I suspect you will get most, if not all of your money back.
The FACT is - the law says you have a 14 day cooling off period when you buy goods at a distance and you are a CONSUMER. The fact the product is as described is not relevant.
'Public auctions' are exempt - but for something to be a public auction you have to be able to attend THE SALE in person.
If it is the case you could visit the showroom to inspect beforehand but the auction takes place at another time with no public access then it is not a public auction and you can then be entitled to a 14 day cooling off period.
Some may not like this but the law is the law and the car seller can organise his business practice around the law.
HOWEVER - the website tries to deem you by default as a TRADER not a CONSUMER. I think this is a bit dubious if they do not actually do any checks to check you are a trader as that would mean nay business could try and deem everyone a trader to deny consumer rights.
If they have tried to do checks and you confirmed you are a TRADER then you are not entitled to the consumer rights and the 14 day cooling off period.
Why don't you phone up the free Govt funded consumer advice line provided by Citizens Advice?
'Public auctions' are exempt - but for something to be a public auction you have to be able to attend THE SALE in person.
If it is the case you could visit the showroom to inspect beforehand but the auction takes place at another time with no public access then it is not a public auction and you can then be entitled to a 14 day cooling off period.
Some may not like this but the law is the law and the car seller can organise his business practice around the law.
=
HOWEVER - the website tries to deem you by default as a TRADER not a CONSUMER. I think this is a bit dubious if they do not actually do any checks to check you are a trader as that would mean nay business could try and deem everyone a trader to deny consumer rights.
If they have tried to do checks and you confirmed you are a TRADER then you are not entitled to the consumer rights and the 14 day cooling off period.
Why don't you phone up the free Govt funded consumer advice line provided by Citizens Advice?
Mojooo said:
The FACT is - the law says you have a 14 day cooling off period when you buy goods at a distance and you are a CONSUMER. The fact the product is as described is not relevant.
'Public auctions' are exempt - but for something to be a public auction you have to be able to attend THE SALE in person.
If it is the case you could visit the showroom to inspect beforehand but the auction takes place at another time with no public access then it is not a public auction and you can then be entitled to a 14 day cooling off period.
Some may not like this but the law is the law and the car seller can organise his business practice around the law.
HOWEVER - the website tries to deem you by default as a TRADER not a CONSUMER. I think this is a bit dubious if they do not actually do any checks to check you are a trader as that would mean nay business could try and deem everyone a trader to deny consumer rights.
If they have tried to do checks and you confirmed you are a TRADER then you are not entitled to the consumer rights and the 14 day cooling off period.
Why don't you phone up the free Govt funded consumer advice line provided by Citizens Advice?
I suspect this is the right answer, hence why BCA won't let the consumer bid online... that's only for the trade.'Public auctions' are exempt - but for something to be a public auction you have to be able to attend THE SALE in person.
If it is the case you could visit the showroom to inspect beforehand but the auction takes place at another time with no public access then it is not a public auction and you can then be entitled to a 14 day cooling off period.
Some may not like this but the law is the law and the car seller can organise his business practice around the law.
=
HOWEVER - the website tries to deem you by default as a TRADER not a CONSUMER. I think this is a bit dubious if they do not actually do any checks to check you are a trader as that would mean nay business could try and deem everyone a trader to deny consumer rights.
If they have tried to do checks and you confirmed you are a TRADER then you are not entitled to the consumer rights and the 14 day cooling off period.
Why don't you phone up the free Govt funded consumer advice line provided by Citizens Advice?
The law (which stems from the EU) generally classes old school auctions as different from normal retail - so traditional consumer rights are often excluded.
The key is the definition though - for something to be an auction is must be a 'proper' auction like the BCA one where you can turn up and buy.
Otherwise, sites like Amazon.co.uk could make everything an auction to get out of giving any rights to consumers.
The key is the definition though - for something to be an auction is must be a 'proper' auction like the BCA one where you can turn up and buy.
Otherwise, sites like Amazon.co.uk could make everything an auction to get out of giving any rights to consumers.
Mojooo said:
The law (which stems from the EU) generally classes old school auctions as different from normal retail - so traditional consumer rights are often excluded.
The key is the definition though - for something to be an auction is must be a 'proper' auction like the BCA one where you can turn up and buy.
Otherwise, sites like Amazon.co.uk could make everything an auction to get out of giving any rights to consumers.
good luck with that oneThe key is the definition though - for something to be an auction is must be a 'proper' auction like the BCA one where you can turn up and buy.
Otherwise, sites like Amazon.co.uk could make everything an auction to get out of giving any rights to consumers.
BCA have several levels of cars at auction .Something like a short warranty,you have to pay for it .
Some cars come from high end dealers ,straight off the forecourt if they have hung around for a while .
The lower end cars come from WBAC they are owned by BCA .
I personally would only buy one of these as salvage if the body was ok .
Having delivered to these sites virtually all have mechanical faults .That is usually why they are sold to WBAC .
Some cars come from high end dealers ,straight off the forecourt if they have hung around for a while .
The lower end cars come from WBAC they are owned by BCA .
I personally would only buy one of these as salvage if the body was ok .
Having delivered to these sites virtually all have mechanical faults .That is usually why they are sold to WBAC .
Mojooo said:
andymc said:
good luck with that one
OP wants to know the law and that is the law.whether he can enforce it with or without the help of the court is another matter - he never asked for OPINION on that.
If they've openly stated that the engine was damaged due to oil starvation (assuming that they have made information clear of course), how can the OP then reject the car because they've discovered they were told the truth about the car? It was advertised as being damaged, it was bought as being damaged, and it turns out that the car is damaged!
I can see how the situation would be different if they bought the car from a car trader who'd sold the car as being undamaged, but they've bought exactly what was advertised - A damaged car!
Opinion as it may be, I seriously doubt that the Law states that if you buy a damaged car, then you have the right to expect it not to be damaged!
4rephill said:
If they've openly stated that the engine was damaged due to oil starvation (assuming that they have made information clear of course)
From what the OP's said, they made no claims at all in writing about the engine condition.He said that they told him verbally that it was fine.
I'm still waiting to hear what the apparent damage was.
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