Help please... can we pursue anyone for financial loss?
Discussion
Hi guys.
Little story, no names.
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.
Car is then delivered from over half the country away.
When we look at it, it's obvious that the MOT has been falsified and the car is beyond dangerous.
Contacted the garage, who are a relatively large concern, and explained the situation. Talked to them, sent them photos and they said they couldn't believe it and wanted to come and look. When the date arrived, they didn't and made various excuses. We said if they didn't come and check we'd have to contact vosa (or whoever it is now) and they told us to go ahead, so we did.
Vosa came, crawled all over the car for a few hours and said they will send us a report on the car. We won't know what happens to the garage from vosa.
The MOT station we borrowed for the inspection said they would have condemned it from first glance underneath.
Now I know it's buyer beware, and we will take it on the chin if necessary, but is there anyone we can chase for a pound of flesh?
Many thanks in advance!
Little story, no names.
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.
Car is then delivered from over half the country away.
When we look at it, it's obvious that the MOT has been falsified and the car is beyond dangerous.
Contacted the garage, who are a relatively large concern, and explained the situation. Talked to them, sent them photos and they said they couldn't believe it and wanted to come and look. When the date arrived, they didn't and made various excuses. We said if they didn't come and check we'd have to contact vosa (or whoever it is now) and they told us to go ahead, so we did.
Vosa came, crawled all over the car for a few hours and said they will send us a report on the car. We won't know what happens to the garage from vosa.
The MOT station we borrowed for the inspection said they would have condemned it from first glance underneath.
Now I know it's buyer beware, and we will take it on the chin if necessary, but is there anyone we can chase for a pound of flesh?
Many thanks in advance!
MustangGT said:
If you are a private individual and not another motor trader you are covered by the Consumer Rights Act of 2015 which allows rejection of a distance sale within the first two weeks for any reason. After that, if the goods are faulty they can still be rejected.
Were this a straight private purchase from a dealer then I'd agree but this:ddpunter said:
Hi guys.
We bought an older car from a trade auction site on the strength of photos
May muddy the waters......We bought an older car from a trade auction site on the strength of photos
In any case, I would expect such a purchase to involve someone going in with their eyes wide open in respect of potential condition of the car.
How much did you pay OP?
ddpunter said:
We won't know what happens to the garage from vosa.
Well, you could ring them in a few weeks and ask to book an MOT. Hopefully they will say 'Sorry we don't do MOTs any more'...It's very similar to an experience I had with an XKR, though that was bought 'mail order' from a dealer rather than from an auction. That too had a fresh MOT, yet my local garage found two fails on it and said 'Has it been parked in the sea?'
I suspect that human nature being what it is, MOT garages favour their regular trade suppliers and get their fail quota on innocent mugs.
ddpunter said:
Hi guys.
Little story, no names.
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.
Car is then delivered from over half the country away.
When we look at it, it's obvious that the MOT has been falsified and the car is beyond dangerous.
Contacted the garage, who are a relatively large concern, and explained the situation. Talked to them, sent them photos and they said they couldn't believe it and wanted to come and look. When the date arrived, they didn't and made various excuses. We said if they didn't come and check we'd have to contact vosa (or whoever it is now) and they told us to go ahead, so we did.
Vosa came, crawled all over the car for a few hours and said they will send us a report on the car. We won't know what happens to the garage from vosa.
The MOT station we borrowed for the inspection said they would have condemned it from first glance underneath.
Now I know it's buyer beware, and we will take it on the chin if necessary, but is there anyone we can chase for a pound of flesh?
Many thanks in advance!
Does it matter what happens to the garage? You get your report back, probably you're money if the MOT is dodgy, VOSA will deal with the garage who issued the MOT.Little story, no names.
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.
Car is then delivered from over half the country away.
When we look at it, it's obvious that the MOT has been falsified and the car is beyond dangerous.
Contacted the garage, who are a relatively large concern, and explained the situation. Talked to them, sent them photos and they said they couldn't believe it and wanted to come and look. When the date arrived, they didn't and made various excuses. We said if they didn't come and check we'd have to contact vosa (or whoever it is now) and they told us to go ahead, so we did.
Vosa came, crawled all over the car for a few hours and said they will send us a report on the car. We won't know what happens to the garage from vosa.
The MOT station we borrowed for the inspection said they would have condemned it from first glance underneath.
Now I know it's buyer beware, and we will take it on the chin if necessary, but is there anyone we can chase for a pound of flesh?
Many thanks in advance!
Not convinced there's any guarantees that we get the money back, and no idea who from at the moment. I'm guessing just because the garage has sold a hooky MOT doesn't mean they're liable for the price of the car if it's sold.
Pure curiosity on the garage front. Car is potentially deadly, so does someone get clobbered hard for passing it.
Pure curiosity on the garage front. Car is potentially deadly, so does someone get clobbered hard for passing it.
Muzzer79 said:
MustangGT said:
If you are a private individual and not another motor trader you are covered by the Consumer Rights Act of 2015 which allows rejection of a distance sale within the first two weeks for any reason. After that, if the goods are faulty they can still be rejected.
Were this a straight private purchase from a dealer then I'd agree but this:ddpunter said:
Hi guys.
We bought an older car from a trade auction site on the strength of photos
May muddy the waters......We bought an older car from a trade auction site on the strength of photos
In any case, I would expect such a purchase to involve someone going in with their eyes wide open in respect of potential condition of the car.
How much did you pay OP?
Not so sure on the CRA either, if the T&Cs specify that it's traders only then you may not be a 'consumer' & if you aren't the CRA doesn't apply.
Will defer to those better informed than me, but buying at a public auction with the opportunity to inspect means you aren't treated as a consumer, it's more of a B2B sale, with all the gotchas that brings. Given the sate of it though, I'd be at least asking the auction to consider a refund, and inspecting their reply more carefully than the car 
randlemarcus said:
...buying at a public auction with the opportunity to inspect means you aren't treated as a consumer, it's more of a B2B sale, with all the gotchas that brings.
OP says this was a trade auction without the opportunity to inspect.I don't know if the contract is with the dealer or the auction house. The OP would have sent his money to the latter... who might have a duty of care to see the cars they sell are roadworthy, but then it did have an MOT certificate and they're not going to look much further than that I expect. As Paintman says, see the T&Cs.
ddpunter said:
Not convinced there's any guarantees that we get the money back, and no idea who from at the moment. I'm guessing just because the garage has sold a hooky MOT doesn't mean they're liable for the price of the car if it's sold.
[b]Pure curiosity on the garage front. Car is potentially deadly, so does someone get clobbered hard for passing it.
[/b]
Who knows, might make the local press, you'll have to check out the report from you local courts.Most cases are open to the pubcli so you can go and watch.[b]Pure curiosity on the garage front. Car is potentially deadly, so does someone get clobbered hard for passing it.
[/b]
Confused.
Are you chasing the auctioneers for selling a car that isn't fit for purpose? What do their terms say?
It sounds like your beef is entirely with the garage that gave it a dodgy MOT, who you don't have any contract with. By all means report them to VOSA, as you have done, but you didn't buy the car from them so I don't know how you would claim from them. I would have thought any legal claim you bring against the MOT garage would be struck out as they aren't a party to the purchase contract.
Seems to me that it's the auctioneers you need to speak to (or claim from) with the MOT info as supporting evidence for it not being misdescribed? if as suggested above you presented yourself as a trade customer (whether you are or not) then your protections as a consumer are greatly diminished.
Are you chasing the auctioneers for selling a car that isn't fit for purpose? What do their terms say?
It sounds like your beef is entirely with the garage that gave it a dodgy MOT, who you don't have any contract with. By all means report them to VOSA, as you have done, but you didn't buy the car from them so I don't know how you would claim from them. I would have thought any legal claim you bring against the MOT garage would be struck out as they aren't a party to the purchase contract.
Seems to me that it's the auctioneers you need to speak to (or claim from) with the MOT info as supporting evidence for it not being misdescribed? if as suggested above you presented yourself as a trade customer (whether you are or not) then your protections as a consumer are greatly diminished.
Your rights depend on whether you were buying as a consumer or in the course of a business and whether it was purchased through an actual auction or just an ordinary purchase through an auction site (i.e. no actual auction took place).
If B2B/Auction, take a look at sections 13 and 14 of the Sale Of Goods Act 1979. These would apply to B2B transactions/auction sales (as far as I'm aware). If bought in an auction I think your action would be against the seller rather than the auctioneer (if different). Distance selling doesn't apply to auction sales.
If B2B/Auction, take a look at sections 13 and 14 of the Sale Of Goods Act 1979. These would apply to B2B transactions/auction sales (as far as I'm aware). If bought in an auction I think your action would be against the seller rather than the auctioneer (if different). Distance selling doesn't apply to auction sales.
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.You don't get a chance to visit the car or get more photos.
Whats the relationship between the auction co and the seller of the car?
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