Van brought from Copart not advertised correctly.

[BankFodder]

There is a substantial difference in mileage – more than the hundred percent different. The vehicle is not as described and you should reject it immediately.
I'm assuming that you didn't have an opportunity to inspect it physically before the conclusion of the sale

Write a letter to the seller and copy to the auction house explaining that you are rejecting the vehicle on the basis that it is not as described and you want an immediate refund and you want arrangements made to collect it or to reimburse you any costs that you incur returning it.

Send this letter by email and also confirm in writing by recorded delivery post. Do it straightaway.

All of this matter should be sorted out and over and done with and you fully reimburse within 10 days. If there is any sense that there is any trouble then let us know and we will help you begin a County Court claim.

For such an extraordinary discrepancy in the advertise mileage, I'm afraid

Take pictures of the vehicle now so that there is no doubt as to the condition of the vehicle. When it is collected or delivered, take pictures of it then. Make sure of course that all paperwork et cetera is returned.

Who's the seller? Is it a private seller or a dealer? Please name them.

Which is the auction house? Please name them.

 

Your only problem here will be there if you are unable to trace the seller or you are unable to locate any assets if it comes to bringing a legal action.

 

[BankFodder]

Don't take any nonsense from them don't be put off by messages. Don't accept their timelines for action.

send the letter I have suggested immediately. If you want then post the draft here and we will check it.

Do not muck around and don't be led around by the nose.

 

You paid by bank transfer - Big Fail.

 

 

 

[BankFodder]

Do a draft and then monitor this thread for a reply tomorrow.

 

with a bank transfer you have difficulty getting your money back. With a debit card you can can make the bank give you a chargeback and with a credit card then you are protected under the consumer credit act.  either way your money is safe. With bank transfer or cash your money is not safe. Big Fail.

 

[BankFodder]

A little more detail on the above.

If you pay by cash or bank transfer then it is purely a matter between you and the recipient of the money.

If you purchase your item on a finance agreement – or pay even part of it by a credit card – or you purchase on hire purchase, then your agreement is regulated by the Consumer Credit Act 1974. Section 75 of the act basically makes the lender equally responsible with the seller. In other words they share exactly the same consumer rights obligations so that if the item you purchase is in any way sold to you in breach of contract, then the lender shares equal responsibility. This is especially useful if you get a dealer who suddenly disappears or becomes bankrupt – then you turn against the lender.

If you purchase an item with a debit card then all of the banks are part of a voluntary scheme – a chargeback scheme – and they also are required to step up and to return your money to you. Although it is a voluntary scheme, this means that the banks aren't obliged to join the scheme – but once they do, then they are subject to the terms of the scheme. All banks have joined the scheme.

The majority of second-hand car problems we have on this forum involve people being persuaded to pay the purchase price by cash or bank transfer. Big Fail!

Even if you can simply pay a couple of hundred quid on a credit card, then you should get protection for the entire purchase.

If you find any kind of dealer who only accepts bank transfer – then walk away.

[BankFodder]

Why should you worry so much about the terms and conditions? Their terms conditions and the terms and conditions of any company are designed to protect them, and not the customer.
Just because they have come up with a set of terms and conditions, doesn't mean that those terms and conditions are necessarily binding.

If they had said somewhere that you should not rely on the picture of the mileage and that you should make your own enquiry, then maybe they would have a case. I'm not aware that they said this.

A posted a picture of the dashboard clocks in order that they could be relied upon.

Is there any use in showing the rev counter? I don't think so.

Is there any use in showing the Speedo suggesting that it might possibly run as a maximum speed of 160 miles an hour? I don't think so

The only useful information that any buyer would be interested in when looking at the dashboard would be the mileage. It's very clear that the milometer reads 20,000 miles and unless you can point to something which says that they have posted photographs of the vehicle but you should rely on those photographs – which would make a mockery of the photographs – then I think that the correct position is that they are bound by the photographs and the vehicle is not as described.

Under consumer legislation you are not obliged to carry out an inspection of the vehicle – but if you do carry out an inspection then you have to carried out to a reasonable standard. There is no need to take any other action in respect of checking the mileage of the vehicle. If you had made enquiries of the HPI register then certainly you might have been expected to react to the news that there is an inconsistency in the mileage. However, you are absolutely reasonable in relying upon the representations made by Copart.

 

It seems to me pretty clear that they use pictures of a different vehicle when advertising our auction. Of course, the information in the photograph is backed up by the fact that they referred to that mileage in their own description.
Clearly they made an error. They don't want to own up and take responsibility and so they are trying to rely on their terms and conditions in order to make you the fall guy.

Bravo Copart. A shameful piece of deception

One thing I'm still not quite certain about is that the vehicle was bought from Copart? Or are they simply an auction house and you bought the vehicle someone else?

[BankFodder]

I need to understand who is the seller of the van. In other words who owned it at the time that you bought it. Who did you buy it from.

have you written a formal letter of rejection to the seller?

please see this thread for a further reply tomorrow but in the meantime start reading up about the steps involved in taking a small claim to the county Court

 

[BankFodder]

If you feel that you can make some headway phoning a head office then do so. It doesn't cost you anything. If you are going to do it by phone then make sure you read our customer services guide first and implement the advice there. Otherwise – don't phone.

In terms of taking legal action, my own feeling is that this is your only route – but try others if you prefer.

If you take legal action then you will have to sue the seller of the vehicle. If it isn't clear to you who sold you the vehicle – and you are the purchaser – then it certainly isn't clear to me.

Identify the seller and then you can start taking your legal action. If you see the wrong party then they will simply defend on the basis that you didn't have any contract with them – and they will be right – and you will have lost your claim fee and you will have to begin again.
The company which is listed as the owner – is probably only the registered owner because if the vehicle was damaged in an accident then it would have become the property of the insurance company by subrogation. This may well mean that they are the seller
Now you see why they all want to be paid by bank transfer.

[BankFodder]

Any update on this?