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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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Hello, I bid and won a van through an online auction. This

Resolved Question:

Hello, I bid and won a van through an online auction. This was being sold by an asset management company. The description was basic, e.g. "MOT/TAXED, Starts and drives" the auction included pictures showing no issues, but what looked like a reasonable vehicle for the age of 8 years. I paid the asset company/auctioneers and contacted them for delivery for which they quoted and I paid the additional fee and arranged it for today. The driver (a 3rd party company as arrange by them) turned up to collect the vehicle, which wouldn't start, had parts missing/broken which all looked fine in the pictures (a light cluster/door mirror, door panel and other smaller issues) He called me and both he and his colleague stated the van was not road worthy and should be considered scrap/illegal to drive. They said their office told them to abandon the job and move on to the next. The driver also called the asset company too, left messages as he did with me. Presently the asset co/auctioneer are investigating before they reply to me. I would appreciate advice on the matter as to my legal recourse should this be needed?

Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Have you had a mechanic look at the vehicle?
How much did you pay for it?
Kind regards
AJ
Customer: replied 3 years ago.

Hi AJ,

No mechanic,I bought this remotely and could only go by description pictures.

The auction win was £2200 just met reserve. + 15% fee + £180+Vat for delivery all paid to the asset company in advance when arranging the delivery for today.

Andy



Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
As remedy what would you like to do? Return the vehicle and get a refund or have them pay to repair the issues that were not disclosed or misrepresented to you?
Kind regards
AJ
Customer: replied 3 years ago.

Hi AJ

The Vehicle is still there, it was never delivered. The deliver driver (arranged by the asset co) left it and went on to his next job, At this point I'd be after a full refund to include auction fee and delivery charges.

Andy

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
Really your only option is to sue for misrepresentation. While they have not said that the car is road worthy they have represented that it passed its MOT and provided a picture of its condition.
Your starting point has to be to email them and demand a refund on the basis of misrepresentation. Do you have the full name and address of the seller? Do you have receipts for your losses?
Kind regards
AJ
Customer: replied 3 years ago.

Hi AJ,

I would deal with the asset company, and have all invoices and details of bank transfers. Still hoping that they will remedy so to do the right thing.

Thank you

Andy

Expert:  Alex J. replied 3 years ago.

Hi, Thank you. I am afraid if they do not voluntarily refund you then the only way to secure a refund is to sue them for contractual misrepresentation and try and rescind the contract and seek your additional damages. https://www.moneyclaim.gov.uk/ You can start a money claim here. Alternatively if you did not want the pressure of going to court you could see if it was possible to complain to the auction house for negligently allowing the advert to go in the auction catalogue or make a complaint to Trading Standards www.tradingstandards.gov.uk/ Who has possession of the van now? Kind regards AJ

Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Their seller still has possession and yes already thought about Trading standards but only to vent a complaint and maybe prevent future victims suffering same. Thank you for the link.

Andy