Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.Have you contacted the vendor over this?
Hi Nick, sorry I was in a meeting myself by the time you had replied. I am just working on your query and should be able to reply shortly, we may continue this after your meeting if needed.
Generally, buying from an auction gives you the least amount of legal rights, when compared to buying from a dealer or privately. The main piece of legislation, the Consumer Rights Act, gives you the right to expect a used item, such as trailers, to be as described, of satisfactory quality and fit for purpose. However, auction houses are allowed to exclude these requirements if they put a notice on display in the catalogue or on the wall. So they could do this by saying the items are sold as seen. You would then have to ensure that you are satisfied with them and what was promised, because once you buy it you would not be able to challenge it. This means you should have satisfied yourself at time of purchase of their quality. So you need to check the auction house conditions of sale to see if they excluded the consumer laws or were advertised as sold as seen as that will determine your rights.
However, if these are unroadworthy, it could potentially amount to a criminal offence, something which is prosecuted by Trading Standards or Local Authorities. Whilst you can contact them to report this, before you do so you may wish to use the threat of this as a potential negotiating tool to try and persuade the seller to resolve this without having to face potential issues in that respect.
This is your basic legal position. I have more detailed advice for you in terms of the steps you should now follow in order to try and take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. In the circumstances whilst you cannot force them to take the trailers back you an pursue them for compensation for the costs you may have to pay to resolve the issues, or for the value of the trailers themselves.
Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand
4. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
In terms of writing a letter I could do that but as it would be a premium service it would be at an additional cost. I won't be able to do that until later today but if you are interested I can submit a propoal
Hi there, the letter is fine, I suggest you give them a specific date to reply, rather than 10 days from now as the stat point could be arbitrary, so give them an exact date. I would not be too concerned about the import issues because the matter here is their description and roadworthiness.
In terms of the SGA, if the goods are second hand, you attended the auction and you were informed that the SGA does not apply, and the auctioneer can show this was reasonable and you still bought the item, then you lose your rights under that legislation. However, the criminal liability of unraodworthiness does not get removed, unless you were specifically told that you are buying a vehicle that is not roadworthy. .