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Thank you Casper!

best of luck with that one i phoned up monday and you could hear carols budgie in the background as she worked from home

While I think we all agree that John has dropped a major clanger,I think most of us in a similar situation would try to mitigate the loss.In this case BCA have treated this as an ‘ as seen sale ‘.However,the legal definition for ‘as seen’ or ‘as is ‘ is that the buyer has to be given an opportunity to make an inspection which was impossible in this case as this purchase was via an online or Eauction.BCA have therefore stated that in their Online Sales T&C’s that buyers rights have now been varied ( Clause 5 B sub section b ).This could imply that your rights are extended from the BCA general T&C’s ( Clause 15 A sub section 2 (ii) which refers to material misrepresentation and major mechanical defects not disclosed by the auctioneer. However first of all and prior to any Small Claims Court procedure it is important that John must use the BCA Live Online Dispute Resolution and Arbitration Policy or LODRAP ( which I have just discovered ) or a court claim could fail. Good luck John,it’s worth a go.

Disagree with all this “you pays your money you takes your chance” conjecture, which is always the way the trade defends the auction sticking it to them. All well and good in an AUCTION HALL but this is online. It’s like an abuse victim defending their partner “they can’t help it they are what they are”. It’s utter bollocks and we need a united front against this. What the poor chap is asking, which is what we need to deal with in this trade before with online auctions it all gets out of hand, is LEGALLY can the auctions sell a car ONLINE when clearly the car has a major issue and then wash their hands of it while receiving good money for it? I’ve been watching how a lot of vendors deal with selling a knackered car online and I’m convinced it’s vendor policy and not auction because it’s not uniform. TC Harrison, for example, on their listings note engine noisy, gearbox issue etc. How can one vendor note engine noisy and the next not when/ if the engine is noisy? My implication being that the auction house should have the same standards throughout, shouldn’t they? I would say it’s misrepresentation or misleading. Worse over, when the auction house OWNS the vendor in question UKCGR etc has met the vendor and likely been informed directly of issues. Has anyone got a knackered car we can sell to them, faults disclosed, video the conversation and see what it turns up at auction like? I’m obviously not a solicitor but I feel as though if someone has the balls to take this to court it could set a new precedent, vendors like TC Harrison are probably already aware of some legal grey area.

I am up in North East Scotland near Aberdeen. I was keen on not declaring as a proper business for as long as possible but people where starting to notice I was shifting cars etc. So, I just said feck it one day and was up and running fully legit after a few days. The most important bit was getting an accountant who did all the LTD setup. There was no point setting up as a sole trader as intended, as a learnt any profits would immediately be 40% due to my main employment tax band!