BCA and Consumer Rights??
Discussion
Morning chaps
I am after a bit of advice, I recently pooped down to my local BCA to have a nose at a couple of cars I was interested in for myself. One of these cars particularly stood out it was a 2010, only covered 19,000 miles, full dealer history and in exceptional order with the exception of a small fag burn on the drivers seat.
It has had the benefit of being a BCA Assured car meaning it came with a full AA inspection report given a full breakdown on the cars condition, everything was good.
I was successful in buying the car paid and left it onsite overnight, I collected the next day and dove it some 15 miles home. On the drive home all was good apart from a grinding noise made by the gearbox, 3rd into 4th and 5th back into 4th so as soon as I got home I reported the fault to the post sale team.
They recorded it and sent a third party vehicle inspector out last Friday who drove the car for 5mins and said 'Yeah that's not good it needs sorting'
Received notification from BCA last night that having received the inspection report the accept there is a fault however it was only noticeable on an extended test drive which they wouldn't have conducted themselves and as a result won't rectify/refund anything to me.
I appreciate the auctions is a risky place and over the years have bought the odd car which has always been fine, however I associate the risk with older/high mileage/sold as seen cars and given the fact this car was sold as Assured with no major mechanical defects - it isn't??
So how do I stand, does the new Consumer Rights Law that came in last year protect me, the criteria seems to have been met with me a private buyer, them a trader, fault reported at the time and verified by a third party inspector chosen by them?
Any help would be great.
Si
I am after a bit of advice, I recently pooped down to my local BCA to have a nose at a couple of cars I was interested in for myself. One of these cars particularly stood out it was a 2010, only covered 19,000 miles, full dealer history and in exceptional order with the exception of a small fag burn on the drivers seat.
It has had the benefit of being a BCA Assured car meaning it came with a full AA inspection report given a full breakdown on the cars condition, everything was good.
I was successful in buying the car paid and left it onsite overnight, I collected the next day and dove it some 15 miles home. On the drive home all was good apart from a grinding noise made by the gearbox, 3rd into 4th and 5th back into 4th so as soon as I got home I reported the fault to the post sale team.
They recorded it and sent a third party vehicle inspector out last Friday who drove the car for 5mins and said 'Yeah that's not good it needs sorting'
Received notification from BCA last night that having received the inspection report the accept there is a fault however it was only noticeable on an extended test drive which they wouldn't have conducted themselves and as a result won't rectify/refund anything to me.
I appreciate the auctions is a risky place and over the years have bought the odd car which has always been fine, however I associate the risk with older/high mileage/sold as seen cars and given the fact this car was sold as Assured with no major mechanical defects - it isn't??
So how do I stand, does the new Consumer Rights Law that came in last year protect me, the criteria seems to have been met with me a private buyer, them a trader, fault reported at the time and verified by a third party inspector chosen by them?
Any help would be great.
Si
Auctions have generally been exempt from normal SoGA protections; I'm not sure precisely how that changed when the Consumer Right Act 2015 came into force, but I'm not aware of any massive differences.
I think your rights are likely to be under the terms of the BCA Assured scheme. The 'Buy with complete confidence' message is somewhat contradicted by the terms of the scheme: http://www.british-car-auctions.co.uk/Services/BCA...
It appears that unless the car was warranted as “No Major Mechanical Faults” then it is sold as seen so I think you may well be stuck with it.
I think your rights are likely to be under the terms of the BCA Assured scheme. The 'Buy with complete confidence' message is somewhat contradicted by the terms of the scheme: http://www.british-car-auctions.co.uk/Services/BCA...
It appears that unless the car was warranted as “No Major Mechanical Faults” then it is sold as seen so I think you may well be stuck with it.
SiT said:
Morning chaps
I am after a bit of advice, I recently pooped down to my local BCA to have a nose at a couple of cars I was interested in for myself. One of these cars particularly stood out it was a 2010, only covered 19,000 miles, full dealer history and in exceptional order with the exception of a small fag burn on the drivers seat.
It has had the benefit of being a BCA Assured car meaning it came with a full AA inspection report given a full breakdown on the cars condition, everything was good.
I was successful in buying the car paid and left it onsite overnight, I collected the next day and dove it some 15 miles home. On the drive home all was good apart from a grinding noise made by the gearbox, 3rd into 4th and 5th back into 4th so as soon as I got home I reported the fault to the post sale team.
They recorded it and sent a third party vehicle inspector out last Friday who drove the car for 5mins and said 'Yeah that's not good it needs sorting'
Received notification from BCA last night that having received the inspection report the accept there is a fault however it was only noticeable on an extended test drive which they wouldn't have conducted themselves and as a result won't rectify/refund anything to me.
I appreciate the auctions is a risky place and over the years have bought the odd car which has always been fine, however I associate the risk with older/high mileage/sold as seen cars and given the fact this car was sold as Assured with no major mechanical defects - it isn't??
So how do I stand, does the new Consumer Rights Law that came in last year protect me, the criteria seems to have been met with me a private buyer, them a trader, fault reported at the time and verified by a third party inspector chosen by them?
Any help would be great.
Si
There is no road test, gearbox is tested while stationary only, so I'm afraid you're stuck with it! They may let you put it back into auction for nothing though?I am after a bit of advice, I recently pooped down to my local BCA to have a nose at a couple of cars I was interested in for myself. One of these cars particularly stood out it was a 2010, only covered 19,000 miles, full dealer history and in exceptional order with the exception of a small fag burn on the drivers seat.
It has had the benefit of being a BCA Assured car meaning it came with a full AA inspection report given a full breakdown on the cars condition, everything was good.
I was successful in buying the car paid and left it onsite overnight, I collected the next day and dove it some 15 miles home. On the drive home all was good apart from a grinding noise made by the gearbox, 3rd into 4th and 5th back into 4th so as soon as I got home I reported the fault to the post sale team.
They recorded it and sent a third party vehicle inspector out last Friday who drove the car for 5mins and said 'Yeah that's not good it needs sorting'
Received notification from BCA last night that having received the inspection report the accept there is a fault however it was only noticeable on an extended test drive which they wouldn't have conducted themselves and as a result won't rectify/refund anything to me.
I appreciate the auctions is a risky place and over the years have bought the odd car which has always been fine, however I associate the risk with older/high mileage/sold as seen cars and given the fact this car was sold as Assured with no major mechanical defects - it isn't??
So how do I stand, does the new Consumer Rights Law that came in last year protect me, the criteria seems to have been met with me a private buyer, them a trader, fault reported at the time and verified by a third party inspector chosen by them?
Any help would be great.
Si
"Auctions
If you buy at a live auction you will have very little legal protection and is not an ideal place for the inexperienced. Check the specific terms and conditions of the auction before bidding - if your rights under the sale of goods act are excluded then you're buying 'sold as seen' and should check it over thoroughly before bidding.
Generally the auctioneer won't be liable if the seller doesn't have the right to sell the car in the first place – if it is stolen for example. Any comeback you may have will be against the seller himself, if you can find him.
Some auctions offer 'guarantees' or 'insurance' for an extra sum, but any rights are limited, so check the wording on any paperwork carefully.
There may be a cooling off period too but this is likely to be very short."
http://www.theaa.com/motoring_advice/car-buyers-gu...
and
"Second-hand car bought at auction
When you buy a used car at auction you have very limited legal rights.
Though the Consumer Rights Act - and its predecessor the Sale of Goods Act - generally apply to cars sold at auction, auction houses are allowed to exclude its main conditions (such as being of satisfactory quality, as described and fit for purpose) if they put a notice on display in the catalogue or on the wall.
Make sure you check the auction house conditions before you bid. When you buy at auction, your rights are against the seller not the auction house."
http://www.which.co.uk/consumer-rights/advice/the-...
You did read BCA's T&C's of business before going?
If you buy at a live auction you will have very little legal protection and is not an ideal place for the inexperienced. Check the specific terms and conditions of the auction before bidding - if your rights under the sale of goods act are excluded then you're buying 'sold as seen' and should check it over thoroughly before bidding.
Generally the auctioneer won't be liable if the seller doesn't have the right to sell the car in the first place – if it is stolen for example. Any comeback you may have will be against the seller himself, if you can find him.
Some auctions offer 'guarantees' or 'insurance' for an extra sum, but any rights are limited, so check the wording on any paperwork carefully.
There may be a cooling off period too but this is likely to be very short."
http://www.theaa.com/motoring_advice/car-buyers-gu...
and
"Second-hand car bought at auction
When you buy a used car at auction you have very limited legal rights.
Though the Consumer Rights Act - and its predecessor the Sale of Goods Act - generally apply to cars sold at auction, auction houses are allowed to exclude its main conditions (such as being of satisfactory quality, as described and fit for purpose) if they put a notice on display in the catalogue or on the wall.
Make sure you check the auction house conditions before you bid. When you buy at auction, your rights are against the seller not the auction house."
http://www.which.co.uk/consumer-rights/advice/the-...
You did read BCA's T&C's of business before going?
pinchmeimdreamin said:
JimmyConwayNW said:
They should not let private members of the public buy from them.
Why not 
Some private customers buying at auction will have unrealistic expectations.
Buying at an auction is one thing but you have bought a car under the BCA Assured scheme, you'll have to check the small print but it seems very off to me that by "Assured" they actually mean unassured.
Also, I'd go back to them and ask what their definition of extended test drive is? Five minutes doesn't seem that extended.
Also, I'd go back to them and ask what their definition of extended test drive is? Five minutes doesn't seem that extended.
CaptainSlow said:
Buying at an auction is one thing but you have bought a car under the BCA Assured scheme, you'll have to check the small print but it seems very off to me that by "Assured" they actually mean unassured.
Also, I'd go back to them and ask what their definition of extended test drive is? Five minutes doesn't seem that extended.
They are crystal clear on what is tested as part of assurance:Also, I'd go back to them and ask what their definition of extended test drive is? Five minutes doesn't seem that extended.
http://www.british-car-auctions.co.uk/Services/BCA...
Though I guess they are victim of positioning a multi-point check that your average member of the public translates to something equivalent to a dealer check including test drive, which it doesn't.
Vaud said:
They are crystal clear on what is tested as part of assurance:
http://www.british-car-auctions.co.uk/Services/BCA...
Though I guess they are victim of positioning a multi-point check that your average member of the public translates to something equivalent to a dealer check including test drive, which it doesn't.
Agree the inspection details are clear. http://www.british-car-auctions.co.uk/Services/BCA...
Though I guess they are victim of positioning a multi-point check that your average member of the public translates to something equivalent to a dealer check including test drive, which it doesn't.
However, I'd argue that using the term "Assured" and using the wording "Means You can buy with complete confidence" as one of the three benefits is misleading.
CaptainSlow said:
However, I'd argue that using the term "Assured" and using the wording "Means You can buy with complete confidence" as one of the three benefits is misleading.
I agree with that. BCA need jumping up and down on as they are clearly not honouring that phrase.I'm sure a headline claim can't be undermined by small print.
Thanks for all the replies, but saddened to see that some think that the oublic shouldn't be entitled to attend an auction?!? It's not some secret boys club and I have beefing for years but the first time I bought an 'Assured' car from them for myself hence asking what others thought. It gives the impression that you need not worry about anything which is clearly incorrect.
I am not sure I am just going to roll over and take it and don't see how them being an 'auction house' means they get to sidestep the Consumer Rights Act - like I said above all the criteria have been met and when I looked on the Trading Standards website it has a flow chart where you tap on the different elements to suit your scenario and it takes you through until they advise what you can and can't do. Funny enough it starts out with 'Private Sale' and 'Trade Sale' there is no option to select 'Auction House' and they definitely aren't a Private Seller......
We'll see how I get on I guess.
Si
I am not sure I am just going to roll over and take it and don't see how them being an 'auction house' means they get to sidestep the Consumer Rights Act - like I said above all the criteria have been met and when I looked on the Trading Standards website it has a flow chart where you tap on the different elements to suit your scenario and it takes you through until they advise what you can and can't do. Funny enough it starts out with 'Private Sale' and 'Trade Sale' there is no option to select 'Auction House' and they definitely aren't a Private Seller......
We'll see how I get on I guess.
Si
SiT said:
Funny enough it starts out with 'Private Sale' and 'Trade Sale' there is no option to select 'Auction House' and they definitely aren't a Private Seller......
I guess that's part of your problem - they're not the seller at all, they're agents acting for the seller. So that's a can of worms.I don't know what the best thing to do is, but I'd be minded not to get into details and look at the broader point that their claim that BCA Assurance gives you confidence and peace of mind is not true.
It could be that their solution to that would be to refund the Assurance fee though - as that's a service they've provided as part of transferring the car from the seller to you.
sfella said:
Can't remember the exact wording but I believe they have a clause that reads 'only tested in 1st and reverse'. Risk of buying at auction,sucking it up and go to a dealer next time.
That would make sense.When I recently sold my V70 to we buy any car, he just reversed it out of the parking space , then drove back in , 15 metres at most, thank god !
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