Private car sales loophole - trader refusing to refund

[Angelmoon]

 

 

 

Hi

 I bought a car from a trader We Sell Any Auto in Preston. They told me it came with warranty gold assist to assure me I'd be covered if anything was to go wrong.

 

I noticed issues straight away and told them they said to go through warranty.

 

Turns out the headgasket and timing chain had gone. Warranty won't pay out because full service history wasn't provided by the trader.

 

Trader won't pay to have it repaired or accept car back.

 

They have made a loophole in selling vehicles.

 They are a limited company stating they sell used vehicles but they sell on behalf of clients and use the private sales declaration as a way of escaping the comeback,

 

they have loads for sale and the car I bought had been sitting around for several months probably on their forecourt.

 

Can anyone with any insight in car law read through the private sales declaration (but I can't attach it to this form) but its stated that I can't take them to court as it's under private sales agreement.

 

Citizens advice say that as he is a trader limited company then the private sale loophole is not valid and he is liable but I need a solicitors viewpoint.

 

I am on universal credit and do not have funds to pay a solicitor to fight my case but I'm just wondering if this could go through to court.

 

This has been going on since November and I haven't been able to use this car. It was paid in full.

 

Many thanks for your help

 

 

[Ethel Street]

13 minutes ago, Angelmoon said:

 

... but I need a solictors viewpoint.

 

Welcome to CAG, I see you are a first time poster.

 

I'm sure the experts will be along to give you some advice soon but in the meantime please be aware that people who post advice on here are not solicitors or qualified professionals. We are volunteers who share our knowledge and experience but we cannot be a substitute for a solicitor if you need professional legal help.

[dx100uk]

Sounds like load of old ballony to me 

 

What date did you purchase the car and how did you pay for it?

 

What date did it fail?

 

Forget any warranty not worth the paper it's written on 

 

Your claim is under the consumer rights act 2015 against the trader, forget this silly private sale stuff. Total hogwash.

 

Dx

 

 

[stu007]

Hi

 

I have to agree with dx100uk on this any warranty given does not exceed your rights under The Consumer Rights Act 2015.

 

As for them stating this was a 'Private Sale' really the Trader sold this vehicle and you have rights under the Consumer Rights Act 2015.

 

Consumer Right Act Legislation: 

Consumer Rights Act 2015

WWW.LEGISLATION.GOV.UK

 

Were you by any chance told you signed a legal agreement into a Private Sale where there are no returns or refunds?

 

Look at this review go down the webpage until you get to the very first one star review (15 Oct 20) and have a read of their response::

 

We Sell Any Auto | Car dealership in Preston | AutoTrader

WWW.AUTOTRADER.CO.UK

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Browse all current We Sell Any Auto vehicles for sale. View contact details, customer reviews, services offered and more on We Sell Any Auto.

 

It may be helpful if you could post up in Multi PDF Format fully redacted the documents you signed for this car so we can see what you signed.

Also have you put the cars registration into the Governments Check MOT to have a wee look at the Cars history:
https://www.gov.uk/check-mot-history

We Sell Any Auto Ltd

 

Registered Office Address: Brierley House Brierley Street, Ashton-On-Ribble, Preston, Lancashire, England, PR2 2AU

 

Company Number: 10485166

 

Company Status: Active

 

Incorporated: 17th November 2016

 

Company Type: Private Limited Company

 

Previous Company Names: Three Oaks Car Sales Limited -     17 Nov 2016 - 02 Dec 2019

 

Nature of Business: 45112 - Sale of used cars and light motor vehicles

 

Directors: Tom Brown (appointed 1st Dec 2019), Dan Carruthers (appointed 17th Nov 2016)

 

Companies House link: https://find-and-update.company-information.service.gov.uk/company/10485166

 

Endole link: https://suite.endole.co.uk/insight/company/10485166-we-sell-any-auto-ltd

 

Bizdb link: https://www.bizdb.co.uk/company/three-oaks-car-sales-limited-10485166/