Help please... can we pursue anyone for financial loss?

[ddpunter]

Thanks everyone, lots to think about.
Currently a bit boggled by it....I'm only a simple boy:-)
Auction house is reputable and large, but obviously can't and wouldn't check every car going in and out.
We've bought from them before many times and you're usually sure what you're getting from the photos and description. Chassis and vin numbers etc are available. It's certainly not a junkyard dog affair. Looking at the MOT history is always really helpful but this time it let us down badly.

It ain't the end of the world and we certainly weren't after ruining anyone over it, just seeking a bit of fair play I guess.

Edited by ddpunter on Thursday 18th April 19:21

[TooLateForAName]

ddpunter said:

Thanks everyone, lots to think about.
Currently a bit boggled by it....I'm only a simple boy:-)
Auction house is reputable and large, but obviously can't and wouldn't check every car going in and out.
We've bought from them before many times and you're usually sure what you're getting from the photos and description. Chassis and vin numbers etc are available. It's certainly not a junkyard dog affair. Looking at the MOT history is always really helpful but this time it let us down badly.

It ain't the end of the world and we certainly weren't after ruining anyone over it, just seeking a bit of fair play I guess.

Edited by ddpunter on Thursday 18th April 19:21

If its a reputable auction house and you contacted them straight away are they not willing to help?

[paintman]

ddpunter said:

Thanks everyone, lots to think about.
Currently a bit boggled by it....I'm only a simple boy:-)
Auction house is reputable and large, but obviously can't and wouldn't check every car going in and out.
We've bought from them before many times and you're usually sure what you're getting from the photos and description. Chassis and vin numbers etc are available. It's certainly not a junkyard dog affair. Looking at the MOT history is always really helpful but this time it let us down badly.

It ain't the end of the world and we certainly weren't after ruining anyone over it, just seeking a bit of fair play I guess.

Edited by ddpunter on Thursday 18th April 19:21

Might make it a bit difficult convincing a court, should you decide to go that route, that you are a 'consumer' & not some sort of trader.

[papa3]

TooLateForAName said:

ddpunter said:

We bought an older car from a trade auction site on the strength of photos (looked good enough)and a two month old MOT, which had no advisories in the places we would have been concerned about.
You don't get a chance to visit the car or get more photos.

Is this a real auction or one of those very iffy ones that are blatantly just trying to avoid obligations.

Whats the relationship between the auction co and the seller of the car?

This will be the deciding point. If this is a proper auction (BCA, Manheim etc) they are not generally open to non trade. This limits their liability to a B2B relationship.

There are auctions that sell to non trade/private buyers but the T's and C's are generally very precise on the limits to their liabilities.

If this is a dealer attempting to shirk responsibilities then the law is on your side.

See page 27 of the following.

https://www.businesscompanion.info/sites/default/files/CRA-Goods-Guidance-for-Business-Sep-2015.pdf

[ddpunter]

Thanks again all.

I'll drop the auctioneers a line to see if they have any advice. Certainly got no beef with them.
We're really not crying about it:-)
If I get anywhere I'll update.

[Forester1965]

1) Did the seller believe you were purchasing as a business?
2) Was the seller the auction house or somebody else?
3) Was the car bought in an auction or just in the normal way from an auction house?
4) What to the sellers/auctions houses terms and conditions say?

[newbie1011]

Hi

Search about what to do if you buy art at auction not as described. There have been numerous cases of people winning claims where art was fake,

My understanding is it illegal in uk to sell an item that you do t own and that this is used to claim where the auction goods are dodgy

In your case someone sold you a car that they don’t legally own. Ie they didn’t own a car with a valid mot.

If I’m allowed to post a link to another site I will but new at posting here. If not pm

[The Rotrex Kid]

newbie1011 said:

Hi

Search about what to do if you buy art at auction not as described. There have been numerous cases of people winning claims where art was fake,

My understanding is it illegal in uk to sell an item that you do t own and that this is used to claim where the auction goods are dodgy

In your case someone sold you a car that they don’t legally own. Ie they didn’t own a car with a valid mot.

If I’m allowed to post a link to another site I will but new at posting here. If not pm

None of this is correct.

Fake art != used cars. Whether a car has an MOT or not, it is still legally owned, the status of an MOT has no bearing on the legailty of owning it or being able to sell it.