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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78207
Experience:  Qualified Solicitor
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I have purchased a car at an auction on the 8th June. The

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I have purchased a car at an auction on the 8th June. The auctioneers are Copart. The auction was ‘on-line’ at the Sandy site.
The car was sold ‘run and drive’ , cat U, and described as having ‘minor scratches and dents’
The car was a mokka, 2016 plate, costing £4200 + tax + delivery totalling £5100
The car was delivered by low-loader.. the car was winched off the low-loader.
The car did not start or turn over.
The car was transported to a mechanic’s garage to ascertain the issue.
The mechanic advised that the engine had ceased and that the issue was historic.
I list below Copart’s terms and conditionsMembers Pledge
In the unlikely circumstances that you purchase a vehicle through a Copart UK Limited auction and:
1. The make, model and year of first registration in the UK is not listed correctly on our advert; or
2. The general appearance of the vehicle at the time of sale differs from the images displayed on our advert (with the exception of any signs of ‘wear and tear’ or natural deterioration or defects which are not visible in our images); or
3. You pay Copart the full sum due for a vehicle and you don’t receive the vehicle; or
4. We have stated in our advert that there are keys and/or documents with a vehicle, but you don’t receive any keys and/or documents; or
5. We have incorrectly classified the vehicle’s ‘Run and Drive’ condition in accordance with the criteria for that programme as set out on www.copart.co.uk; or
6. The vehicle’s odometer reading is less than the mileage recorded against the vehicle’s registration number in the most recently available information from the DVLA and/or HPI.
We will:
1. Cover the cost of those repairs necessary to bring the general appearance of the vehicle back to that visible in the images displayed in our advert for the vehicle at the time of sale; or
2. Subject to the vehicle being in the same condition or an improved condition to that at the time of sale, purchase the vehicle from you at the price at which you paid; or
3. Replace or cover the reasonable cost for you to replace any items that were advertised with the vehicle but were not received by you; or
4. Cover the reasonable reduction in value between the vehicle as advertised and the vehicle as received.Run and Drive
Run and DriveAt the time the vehicle arrived at Copart’s location, Copart verified that the vehicle started, could be put into gear and was capable of moving forward under its own power.
There is no guarantee, representation or warranty that the vehicle is in roadworthy condition or can be driven lawfully upon the highways in any state or country.There is no guarantee that the vehicle will start, drive, or move forward under its own power at the time the vehicle is picked up at Copart’s location or when it is delivered to a Copart Member.I need to know if I am entitled to the refund of money, and if so, your costs in obtaining the sameJA: What location is this in? And just to clarify, when was the purchase made?
Customer: I am in East Sussex, the car was purchased from an auction site in Sandy, Bedforshire
JA: Have you contacted the seller or manufacturer?
Customer: I have advised them of the situation and await for their response
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Customer: replied 8 days ago.
ok

I understand you are wanting a refund for a car you purchased at auction because it has a fault. When did you inform Copart of this?

I should also make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Ben Jones and other Law Specialists are ready to help you
Customer: replied 7 days ago.
your call may be blocked by call guardian, try phoning 07518 726053

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. Just to clarify, we are an online chat service only and we cannot take this further on your behalf or represent u. All we can do is explain your rights and options but in the end, taking this further would be for you to do or arrange with someone else.

Going back to your query, when a private consumer buys a vehicle from a dealer, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to the legislation directly, please follow this link:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:

- of satisfactory quality – they must not be faulty or damaged

- as described – they must match any description given at the time of purchase

- fit for purpose – they should be fit for the purpose they are supplied for

If the vehicle does not meet any the above requirements, the buyer will have certain legal remedies against the seller. It is, however, important to note that there is no protection against fair wear and tear, misuse or accidental damage.

If the vehicle does not meet any of the above criteria, the consumer’s rights against the seller are:

1. Reject the vehicle and request a refund – this is known as the ‘short-term right to reject’ and must be applied within 30 days of purchase or, if later, delivery.

2. Repair or replacement – this is still an option in the first 30 days, if the consumer does not want a refund and becomes the standard options after the 30 days have passed. It is the consumer’s choice as to whether they choose a repair or a replacement. If a repair is chosen, the seller is given one opportunity to provide a satisfactory repair, meaning that if it fails, the vehicle can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep the vehicle, they can ask for a price reduction, based on what is wrong with it. That is something to be negotiated with the seller.

In the event that a refund is issued, the seller is legally able to deduct an amount to reflect the usage costs incurred whilst the vehicle was in the buyer’s possession, such as the extra mileage on the car. Any amount deducted for that must be reasonable and fair.

Once a decision has been made on which of the above rights to pursue, the seller should be contacted, preferably in writing, to discuss that with them. If they refuse to discharge their legal obligations under the Consumer Rights Act 2015, a formal letter before action should be sent, asking for the desired resolution and making it clear that legal action could follow through the courts.

In the event this matters needs to be taken further, the following are the relevant links:

A report to Trading Standards can be submitted first: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Afterwards, a claim can be pursued in The County Court: https://www.gov.uk/make-money-claim