buying from dealer that is not a company?
Discussion
I would like to buy a car advertised on autotrader.co.uk by ACL Cars, a dealer in Birmingham. On autotrader.co.uk, the dealer appears as a company, however, I have not found any information of the legal name of this dealer (e.g. ACL Cars Ltd.), either on autotrader.co.uk or their domain aclcars.co.uk.
If the dealer is not a company, I would not get protection from the 2015 Consumer Protection Act.
They accept credit cards as method of payment. Does this alone guarantee they are a company and I can get a refund if the car is faulty?
Finally, on their ads they make no statement regarding the state of the car (e.g. good/bad condition, able to start...)
so, how usual is that the dealer accepts to sign a contract stating that the car is in good state and suitable for the purposes I am buying it for?
Really needing some advice. Thanks guys
If the dealer is not a company, I would not get protection from the 2015 Consumer Protection Act.
They accept credit cards as method of payment. Does this alone guarantee they are a company and I can get a refund if the car is faulty?
Finally, on their ads they make no statement regarding the state of the car (e.g. good/bad condition, able to start...)
so, how usual is that the dealer accepts to sign a contract stating that the car is in good state and suitable for the purposes I am buying it for?
Really needing some advice. Thanks guys
minato said:
If the dealer is not a company, I would not get protection from the 2015 Consumer Protection Act.
You mean the Consumer Rights Act? Yes, you would.minato said:
They accept credit cards as method of payment. Does this alone guarantee they are a company
No.Whether they are a limited company or a sole trader makes no difference to you. If anything, a sole trader is preferable, because he can't just "phoenix", close the company down, and restart as a different legal entity. You are buying from an individual, but you are buying from him in the course of business, so he is still legally liable.
Their stock's pretty much all bottom-feeder rubbish, though, so you'll not have a hell of a lot of legal protection anyway.
littlebasher said:
Anyone selling this on their front page
deserves a wide berth!
That's truly horrible.deserves a wide berth!
For me, it was the minor detail they have more sub-grand stock than £2k+ stock... How shagged do you reckon the £290 Focus is? At least they put the A-class Merc's pair of wheeltrims on the same side for the photos.
minato said:
I would like to buy a car advertised on autotrader.co.uk by ACL Cars, a dealer in Birmingham. On autotrader.co.uk, the dealer appears as a company, however, I have not found any information of the legal name of this dealer (e.g. ACL Cars Ltd.), either on autotrader.co.uk or their domain aclcars.co.uk.
If the dealer is not a company, I would not get protection from the 2015 Consumer Protection Act.
They accept credit cards as method of payment. Does this alone guarantee they are a company and I can get a refund if the car is faulty?
Finally, on their ads they make no statement regarding the state of the car (e.g. good/bad condition, able to start...)
so, how usual is that the dealer accepts to sign a contract stating that the car is in good state and suitable for the purposes I am buying it for?
Really needing some advice. Thanks guys
I bet they are dying for you to buy a car from them...If the dealer is not a company, I would not get protection from the 2015 Consumer Protection Act.
They accept credit cards as method of payment. Does this alone guarantee they are a company and I can get a refund if the car is faulty?
Finally, on their ads they make no statement regarding the state of the car (e.g. good/bad condition, able to start...)
so, how usual is that the dealer accepts to sign a contract stating that the car is in good state and suitable for the purposes I am buying it for?
Really needing some advice. Thanks guys
TooMany2cvs said:
How shagged do you reckon the £290 Focus is?
Considering they want almost £500 for that MG ZR which they admit "needs attention", I'd be surprised if it made it off their forecourt.And if it did, you'd probably not get far before the police stop you because of all the markers on the car!
Thanks for your replies
To get the right to reject when buying from a business, Consumer Rights Act protection states that the car must not be:
• Of satisfactory quality
• Fit for purpose, and
• As described
Whereas when buying from a private seller the only legal terms that cover a private sale contract are:
• The seller must have the right to sell the car
• The vehicle should match the description given by the seller
• The car must be roadworthy
It seems that in order to accept credit card payments, one needs to get a merchants bank account which I believe requires to be set up as a business
the car is similarly priced elsewhere. the mileage and year does not invite to think it should break down anytime soon. I just dont want to go through repairs at least during the first 6 months and I want to make sure that if it breaks down, the dealer will repair or I will reject it
TooMany2cvs said:
No.
Whether they are a limited company or a sole trader makes no difference to you. If anything, a sole trader is preferable, because he can't just "phoenix", close the company down, and restart as a different legal entity. You are buying from an individual, but you are buying from him in the course of business, so he is still legally liable.
Limited companies and Sole traders are registered businesses. According to http://www.thisismoney.co.uk/money/cars/article-36... it's safer to buy from a business than it is to buy from a private seller. Whether they are a limited company or a sole trader makes no difference to you. If anything, a sole trader is preferable, because he can't just "phoenix", close the company down, and restart as a different legal entity. You are buying from an individual, but you are buying from him in the course of business, so he is still legally liable.
To get the right to reject when buying from a business, Consumer Rights Act protection states that the car must not be:
• Of satisfactory quality
• Fit for purpose, and
• As described
Whereas when buying from a private seller the only legal terms that cover a private sale contract are:
• The seller must have the right to sell the car
• The vehicle should match the description given by the seller
• The car must be roadworthy
It seems that in order to accept credit card payments, one needs to get a merchants bank account which I believe requires to be set up as a business
TooMany2cvs said:
Their stock's pretty much all bottom-feeder rubbish, though, so you'll not have a hell of a lot of legal protection anyway.
at least more than from a private seller that might be difficult to find after the sale takes place?the car is similarly priced elsewhere. the mileage and year does not invite to think it should break down anytime soon. I just dont want to go through repairs at least during the first 6 months and I want to make sure that if it breaks down, the dealer will repair or I will reject it
minato said:
at least more than from a private seller that might be difficult to find after the sale takes place?
the car is similarly priced elsewhere. the mileage and year does not invite to think it should break down anytime soon. I just dont want to go through repairs at least during the first 6 months and I want to make sure that if it breaks down, the dealer will repair or I will reject it
As just about all of their cars are over 10 years old and 100,000 miles I would suggest it is very likely they will need repairs in the next 6 months. And it is also very likely that you will have no comeback on the supplying dealer, as the legal system does not expect an almost life expired car to be of the same standard as a brand new one.the car is similarly priced elsewhere. the mileage and year does not invite to think it should break down anytime soon. I just dont want to go through repairs at least during the first 6 months and I want to make sure that if it breaks down, the dealer will repair or I will reject it
If you want a good chance of cheap hassle free motoring you do not want to be looking at a cheap dealer's odd selection of unpopular cars and spaceship mileage SUVs.
I can't see anything in that stock list which makes me think "that might make a cheap reliable car".
Andy
Andy
minato said:
Thanks for your replies
Limited companies are legal entities in their own right.TooMany2cvs said:
No.
Whether they are a limited company or a sole trader makes no difference to you. If anything, a sole trader is preferable, because he can't just "phoenix", close the company down, and restart as a different legal entity. You are buying from an individual, but you are buying from him in the course of business, so he is still legally liable.
Limited companies and Sole traders are registered businesses.Whether they are a limited company or a sole trader makes no difference to you. If anything, a sole trader is preferable, because he can't just "phoenix", close the company down, and restart as a different legal entity. You are buying from an individual, but you are buying from him in the course of business, so he is still legally liable.
A sole trader may or may not be registered as such with the tax man, but you have no way of knowing. Nor is it relevant to you.
minato said:
According to http://www.thisismoney.co.uk/money/cars/article-36... it's safer to buy from a business than it is to buy from a private seller.
To get the right to reject when buying from a business, Consumer Rights Act protection states that the car must not be:
• Of satisfactory quality
• Fit for purpose, and
• As described
Whereas when buying from a private seller the only legal terms that cover a private sale contract are:
• The seller must have the right to sell the car
• The vehicle should match the description given by the seller
• The car must be roadworthy
Yep. But, somewhat vitally, don't forget those rights are tempered by reasonable expectations for the price, age and apparent condition.To get the right to reject when buying from a business, Consumer Rights Act protection states that the car must not be:
• Of satisfactory quality
• Fit for purpose, and
• As described
Whereas when buying from a private seller the only legal terms that cover a private sale contract are:
• The seller must have the right to sell the car
• The vehicle should match the description given by the seller
• The car must be roadworthy
minato said:
It seems that in order to accept credit card payments, one needs to get a merchants bank account which I believe requires to be set up as a business
Not necessarily, not these days. You can simply sign up to something like Worldpay or PayPal.minato said:
TooMany2cvs said:
Their stock's pretty much all bottom-feeder rubbish, though, so you'll not have a hell of a lot of legal protection anyway.
at least more than from a private seller that might be difficult to find after the sale takes place?minato said:
I just dont want to go through repairs at least during the first 6 months and I want to make sure that if it breaks down, the dealer will repair or I will reject it
<wipes tear of laughter away> Good luck with that...Go on, which of their stock were you thinking of...?
andyalan10 said:
Does every MX5 of that age have an MoT history with lots of failures and advisories for excessive corrosion?
Gawd, it really isn't terribly tempting, is it?04 plate - so the first sill rot advisory was flagged at only the second MOT... Damn near a decade later, and it's not going to have improved.
A history of shonky bare-minimum maintenance - the MOTs without a tyre tread advisory or fail are in the minority, I think.
OP - if you want a car with six months zero-hassle, that is certainly not it. For a start, it needs a full set of front and pads, an exhaust and a pair of front dampers. And wtf replaces the rear pads alone on a car with an advisory on discs? RUN. What other horrible bodges and short-cuts?
minato said:
I am now testing the car... white smoke...
So it's mechanically as shagged as it is bodily... That's the legacy of all that skimped maintenance.minato said:
They said it needs a change of oil.
That wouldn't cause white smoke.minato said:
On the outside it's surprisingly immaculate..
The polish is structural.It turns out that the dealer is a limited company.
And I should also mention that they said the white smoke was due to the cold weather and the car being on the street for a couple of weeks, they did not say it's because the oil (I mixed it up because I read that white smoke means the car is burning oil).
They did say changing oil would fix the sound of the motor going up and down while the car is idle.
I don't think they know very exactly the chances of it having a major failure. They agreed on guaranteeing the car for a period of time, but they would exclude certain repairs, major ones I am afraid.
So if the engine busts, no consumer right act or any other law is going to protect me. They won't accept the reject and going to the courts is expensive and time consuming (they know I won't do that)
My budget is around 1000, so I guess I have to assume I will have to deal with repairs, no matter what car I buy.
Obviously I am looking at other options too http://www.autotrader.co.uk/classified/advert/2017...
Lower mileage, less issues in its MOT log, newer.. But who knows if the engine is OK ... People talk bad things about rotary engines
The best approach (for a car newbie like me) seems to be a prepurchase inspection. It's easy to find inspection services for 100 (rac.co.uk). But are they worth the price, or in other words, can they help assure the car does not have serious issues and quantify exactly how much time and money it will require for the next half year?
And I should also mention that they said the white smoke was due to the cold weather and the car being on the street for a couple of weeks, they did not say it's because the oil (I mixed it up because I read that white smoke means the car is burning oil).
They did say changing oil would fix the sound of the motor going up and down while the car is idle.
I don't think they know very exactly the chances of it having a major failure. They agreed on guaranteeing the car for a period of time, but they would exclude certain repairs, major ones I am afraid.
So if the engine busts, no consumer right act or any other law is going to protect me. They won't accept the reject and going to the courts is expensive and time consuming (they know I won't do that)
My budget is around 1000, so I guess I have to assume I will have to deal with repairs, no matter what car I buy.
Obviously I am looking at other options too http://www.autotrader.co.uk/classified/advert/2017...
Lower mileage, less issues in its MOT log, newer.. But who knows if the engine is OK ... People talk bad things about rotary engines
The best approach (for a car newbie like me) seems to be a prepurchase inspection. It's easy to find inspection services for 100 (rac.co.uk). But are they worth the price, or in other words, can they help assure the car does not have serious issues and quantify exactly how much time and money it will require for the next half year?
minato said:
It turns out that the dealer is a limited company.
And I should also mention that they said the white smoke was due to the cold weather and the car being on the street for a couple of weeks, they did not say it's because the oil (I mixed it up because I read that white smoke means the car is burning oil).
They did say changing oil would fix the sound of the motor going up and down while the car is idle.
I don't think they know very exactly the chances of it having a major failure. They agreed on guaranteeing the car for a period of time, but they would exclude certain repairs, major ones I am afraid.
So if the engine busts, no consumer right act or any other law is going to protect me. They won't accept the reject and going to the courts is expensive and time consuming (they know I won't do that)
My budget is around 1000, so I guess I have to assume I will have to deal with repairs, no matter what car I buy.
Obviously I am looking at other options too http://www.autotrader.co.uk/classified/advert/2017...
Lower mileage, less issues in its MOT log, newer.. But who knows if the engine is OK ... People talk bad things about rotary engines
The best approach (for a car newbie like me) seems to be a prepurchase inspection. It's easy to find inspection services for 100 (rac.co.uk). But are they worth the price, or in other words, can they help assure the car does not have serious issues and quantify exactly how much time and money it will require for the next half year?
a pre purchase inspection on a car for a 1000 pounds? either save up some or leave it, you're buying an end of life carAnd I should also mention that they said the white smoke was due to the cold weather and the car being on the street for a couple of weeks, they did not say it's because the oil (I mixed it up because I read that white smoke means the car is burning oil).
They did say changing oil would fix the sound of the motor going up and down while the car is idle.
I don't think they know very exactly the chances of it having a major failure. They agreed on guaranteeing the car for a period of time, but they would exclude certain repairs, major ones I am afraid.
So if the engine busts, no consumer right act or any other law is going to protect me. They won't accept the reject and going to the courts is expensive and time consuming (they know I won't do that)
My budget is around 1000, so I guess I have to assume I will have to deal with repairs, no matter what car I buy.
Obviously I am looking at other options too http://www.autotrader.co.uk/classified/advert/2017...
Lower mileage, less issues in its MOT log, newer.. But who knows if the engine is OK ... People talk bad things about rotary engines
The best approach (for a car newbie like me) seems to be a prepurchase inspection. It's easy to find inspection services for 100 (rac.co.uk). But are they worth the price, or in other words, can they help assure the car does not have serious issues and quantify exactly how much time and money it will require for the next half year?
Gassing Station | Car Buying | Top of Page | What's New | My Stuff