Car Dealership isn't on company house

Car Dealership isn't on company house

Author
Discussion

jay44

Original Poster:

119 posts

115 months

Monday 2nd March 2015
quotequote all
Hiya,

So I found a decent motor but the dealer isn't listed on Company House. Whilst I'm aware it's only for Ltd companies, there should be no reason why a car dealer shouldn't be on there - or is there?

The reason why it bothers me because I want to put down a deposit on the motor, and I want the credit card protection on a £100+ transaction (still works on part payment for something).

Thoughts?

eybic

9,212 posts

174 months

Monday 2nd March 2015
quotequote all
They're probably a "trading as" rather than that being their companies house name.

marshalla

15,902 posts

201 months

Monday 2nd March 2015
quotequote all
A dealer doesn't have to be a ltd. company or plc or any other formally registered corporate body. Only a formally registered company will appear at Companies House. There are plenty of sole traders out there.

Credit Card protection isn't associated with limited companies - it's a feature of section 75 of the Consumer Credit Act which makes the credit provider jointly liable.

TooMany2cvs

29,008 posts

126 months

Monday 2nd March 2015
quotequote all
jay44 said:
So I found a decent motor but the dealer isn't listed on Company House. Whilst I'm aware it's only for Ltd companies, there should be no reason why a car dealer shouldn't be on there - or is there?
Simply that they're not a limited company.

jay44 said:
The reason why it bothers me because I want to put down a deposit on the motor, and I want the credit card protection on a £100+ transaction (still works on part payment for something).
Consumer Credit Act s75 protection doesn't differ whether you're buying from a Ltd or a PLC or a sole trader or a partnership. It's all about whether you use a credit card or not.

http://www.legislation.gov.uk/ukpga/1974/39/sectio...

JimmyConwayNW

3,064 posts

125 months

Monday 2nd March 2015
quotequote all
Just be a partnership or sole trader.

jay44

Original Poster:

119 posts

115 months

Monday 2nd March 2015
quotequote all
What dyou mean by "trading as"?

Hi again marshalla, are you saying lll be covered with credit card protection regardless that the dealer isn't registered?

....

So let me get this right: as long as I'm ABLE to use a credit card to pay, I'm automatically covered on the refundable deposit?

TheBroker

90 posts

110 months

Monday 2nd March 2015
quotequote all
Hi Jay, there are quite a few sole trader/partnership dealers out there that won't appear on companies house.

Who are they, I might be able to look into them.

With regards to your Consumer Credit Protection, as you are buying on credit (via card company) you are protected by the card company.
The dealer MUST provide at least 3 Months warranty by law so if there are any issues with the car and the dealer is trying to get out of it (no not a broken bulb etc but genuine issue), contact your card company who will rain hell on the dealer to get it fixed under warranty (they have a bigger stick than you).

Good luck

confused_buyer

6,615 posts

181 months

Monday 2nd March 2015
quotequote all
TheBroker said:
Hi Jay, there are quite a few sole trader/partnership dealers out there that won't appear on companies house.

Who are they, I might be able to look into them.

With regards to your Consumer Credit Protection, as you are buying on credit (via card company) you are protected by the card company.
The dealer MUST provide at least 3 Months warranty by law so if there are any issues with the car and the dealer is trying to get out of it (no not a broken bulb etc but genuine issue), contact your card company who will rain hell on the dealer to get it fixed under warranty (they have a bigger stick than you).

Good luck
Correct on the first bit, totally wrong on the second.

V8forweekends

2,481 posts

124 months

Monday 2nd March 2015
quotequote all
jay44 said:
What dyou mean by "trading as"?
http://blog.thecompanywarehouse.co.uk/2010/02/18/trading-as-company-and-business-names/

jay44

Original Poster:

119 posts

115 months

Monday 2nd March 2015
quotequote all
If you're going to say someone's wrong, can you provide a counter argument please?

I'm just looking for a definitive answer, for this specific situation

confused_buyer

6,615 posts

181 months

Monday 2nd March 2015
quotequote all
jay44 said:
If you're going to say someone's wrong, can you provide a counter argument please?

I'm just looking for a definitive answer, for this specific situation
You are protected by whatever your card issuer gives regardless of whether the retailer is Ltd, Plc, Sole Trader, Partnerhsip or whatever. To be sure of what you are actually protected for you really need to refer to the card issuer. As a bare minimum you should be protected against the dealer going bust with your payment (if the car has not been delivered) and against the car being stolen, having finance etc.

There is no such thing as a mandatory "3 month warranty" regardless of whether you pay by card or magic beans.

To answer your original question a business does not have to be Ltd and there is no particular reason why a car dealer - particularly if a small outfit - has to be and would show up on Companies House.





Edited by confused_buyer on Monday 2nd March 19:00

TheBroker

90 posts

110 months

Monday 2nd March 2015
quotequote all
confused_buyer said:
You are protected by whatever your card issuer gives regardless of whether the retailer is Ltd, Plc, Sole Trader, Partnerhsip or whatever. To be sure of what you are actually protected for you really need to refer to the card issuer. As a bare minimum you should be protected against the dealer going bust with your payment (if the car has not been delivered) and against the car being stolen, having finance etc.

There is no such thing as a mandatory "3 month warranty" regardless of whether you pay by card or magic beans.

Edited by confused_buyer on Monday 2nd March 18:56
You are indeed confused!

Any dealer MUST by law provide a warranty on any car supplied to a consumer, of at least 3 months! There is no argument on this. The only way round is to sell as spares or repairs!
. Apologies if I sound firm on this but I do know what I am talking about as my business is covered under consumer credit and the FCA etc and any vehicle supplied on credit MUST come with a warranty.



Edited by TheBroker on Monday 2nd March 19:08

JimmyConwayNW

3,064 posts

125 months

Monday 2nd March 2015
quotequote all
TheBroker said:
You are indeed confused!

Any dealer MUST by law provide a warranty on any car supplied to a consumer, of at least 3 months! There is no argument on this. The only way round is to sell as spares or repairs!
. Apologies if I sound firm on this but I do know what I am talking about as my business is covered under consumer credit and the FCA etc and any vehicle supplied on credit MUST come with a warranty.



Edited by TheBroker on Monday 2nd March 19:08
Actually that is a complete load of rubbish and not true at all. There is now law regarding compulsory warranty periods.

confused_buyer

6,615 posts

181 months

Monday 2nd March 2015
quotequote all
TheBroker said:
You are indeed confused!

Any dealer MUST by law provide a warranty on any car supplied to a consumer, of at least 3 months! There is no argument on this. The only way round is to sell as spares or repairs!

Might I suggest that unless you are fully conversant with the CC act and consumer credit and the FCA you check your opinions fully, because I'm afraid you are wrong. Apologies if I sound firm on this but I do know what I am talking about as my business is covered under consumer credit and the FCA etc.
Sorry, there is no specific legislation relating to cars which mentions 3 months. It is all under general consumer legislation which applies to any product.

How long that product should last is open ended and depends on the product. If you buy a prawn sandwich from M&S and take it back after 3 months and 1 week complaining the edges have curled you won't have much of a case. If you buy a superyacht for £120m and after 3 months and 1 day it starts leaking and take it back and the sellers says "Nah, sorry mate, it's over 3 months. Get some fiberglass and B&Q" you might think 3 months unreasonable.

That applies under SoGA and consumer credit legislation. There isn't a single word which relates specifically to cars.

The situation is sometimes slightly different on HP but credit companies are usually not on the buyer's side. They are very suspicous as 99% of people claiming their cars has "broken" are simply trying to get away without making the payments.

Are you seriously telling me that if I buy a car from auction on my credit card I can take it back after 2 months if the gearbox breaks?

Emubiker

951 posts

180 months

Monday 2nd March 2015
quotequote all
TheBroker said:
You are indeed confused!

Any dealer MUST by law provide a warranty on any car supplied to a consumer, of at least 3 months! There is no argument on this. The only way round is to sell as spares or repairs!
. Apologies if I sound firm on this but I do know what I am talking about as my business is covered under consumer credit and the FCA etc and any vehicle supplied on credit MUST come with a warranty.



Edited by TheBroker on Monday 2nd March 19:08
This is absoulute ball locks. There is no statutory right any form of warranty when buying a car. Only SOGA to go by, which basically means the car needs to be fit for purpose - which for a car means road legal and get you from a-b (ish)

valiant

10,209 posts

160 months

Monday 2nd March 2015
quotequote all
Sorry The Broker, I think you're wrong here.

A warranty doesn't have to be provided but the consumer is protected by SOGA a which gives consumers certain rights. With finance, the finance company, I believe, are jointly liable so I can see why they may insist on a warranty but it is not compulsory by law.

Turbodiesel1976

1,957 posts

170 months

Monday 2nd March 2015
quotequote all
You're overthinking this OP

TheBroker

90 posts

110 months

Monday 2nd March 2015
quotequote all
In England and Wales you have a statutory right when buying a second hand car from a trader according to Trading Standards to a minimum 6 months warranty.

This was a copy and paste job not my conjecture

Also interpretation of the soga and sgsa equates to a warranty

Do f you think used car dealers would supply without warranty if they could get away with it

jas xjr

11,309 posts

239 months

Monday 2nd March 2015
quotequote all
TheBroker said:
In England and Wales you have a statutory right when buying a second hand car from a trader according to Trading Standards to a minimum 6 months warranty.

This was a copy and paste job not my conjecture

Also interpretation of the soga and sgsa equates to a warranty

Do f you think used car dealers would supply without warranty if they could get away with it
So now its changed from three months to six...

valiant

10,209 posts

160 months

Monday 2nd March 2015
quotequote all
Still wrong.