CollectingCars.com - Won Auction - What are my rights?

Major_Tester

Hi All,

I have just bought a car on CollectingCars.com which i have every intention of buying, the type of seller that was selling was marked as a "trader". I've already arranged to view the car from the seller/trader but want to know what my rights are if the car is not as described?

The car was a significant purchase and the buyers premium was over £5000, collectingcars have stated that this is non refundable which i think isn't fair if the car advert isn't accurately described

Can anyone shed some light on what my rights are? If the car isn't as described and i see problems with the car have i got a leg to stand on? 

Do the traders still have to adhere to Consumer Contracts Regulations 2013? for Long distance selling?

Any help would be much appreciated!

Wonka_2

Honestly - your rights were to view the car before bidding £75k - all outlined in the T&C’s https://collectingcars.com/terms-conditions

Assuming you chose not to then you’ll be into the realms of trying to claim back a significant sum which could be based on subjective criteria of ‘condition’ 

Is there a reason why you chose not to view before bidding ? 

RFW

I'm not familiar with the site so just had a quick look.
I make no comment on this company's t&cs, I haven't gone through them but what I will say is that no company can have t&cs that can override UK law.
The site seem to say that any disputes will be between buyer and seller. So, in that respect, we have to look at the seller.

Another thing to point out is that if you were buying as a consumer you have some consumer rights. If you're buying as a business then you don't. It's possibly more nuanced than that but that's the gist.
The site has a good Trustpilot rating, at time of writing this but there are a few red flags around the internet. This FB group seems genuine https://www.facebook.com/groups/1577410359853043/

As far as I can tell, their buyers' premium is 6% for cars. So you've spent over £80K, pushing £90k in total. So for that amount of cash, I agree above that it's a bit late to be asking questions. However, I'd suggest getting in touch with Trading Standards via your local council. They can advise of your best scenario and what rights you have moving forward. For that kind of money you might want to look at taking an AA/RAC or similar rep to fully check the car over before you agree to take it and also get the relevant police checks. I'm assuming for this amount of risk you consider it to be a good investment so worth spending extra to make sure you don't have any problems down the line.

Let us know how you get on, not least because you've named the company.

Vitor

The terms state that the fees paid to the website owner (Collecting Cars) are non-refundable (Clause 14.5). However, they also state that "your legal rights as a consumer are not affected," which means statutory rights may still apply.

Under the Consumer Rights Act 2015, any contract term that causes a significant imbalance in the parties' rights to the detriment of the consumer may be considered unfair and thus unenforceable. If you believe the website failed to provide its services with reasonable care and skill—for example, by allowing a misleading listing—you might argue for a refund of the buyer's premium.

Major_Tester

thank you for the replies, i really appreciate the responses! I tried to make an effort to view the car before purchasing but it wasn't possible to align our diaries before the auction ended, i managed to get the car for under market value so there is some contingency in the price should the car need some repairs but of course if there is any room for heavy bills, it won't cover that!

My plan was to do a basic check myself with the knowledge i have and then drive it to a marque specialist the same day or day after for a comprehensive check by someone who knows the cars inside out. If anything big comes up i wanted to have the reassurance i could go back to the garage to show the car wasn't as advertised, of course if its just small items i can resolve myself but if i find the clutch is heavily worn and of need of an immediate change (£10-15k job) i'd like to have the confidence of going back to the trader to give the car back knowing they'll accept and also to go back to CollectingCars to show they have mis advertised the car for a refund of my deposit back. 

GadgetGuru

Ouch - that Facebook group linked above really does not look promising at all. 
I really hope it works out well for you and you get a good vehicle through it.
I have no experience in this so can't advise any further, but I'm seriously interested to know what car you purchased!!! lol

soolin

Major_Tester said:

thank you for the replies, i really appreciate the responses! I tried to make an effort to view the car before purchasing but it wasn't possible to align our diaries before the auction ended, i managed to get the car for under market value so there is some contingency in the price should the car need some repairs but of course if there is any room for heavy bills, it won't cover that!

My plan was to do a basic check myself with the knowledge i have and then drive it to a marque specialist the same day or day after for a comprehensive check by someone who knows the cars inside out. If anything big comes up i wanted to have the reassurance i could go back to the garage to show the car wasn't as advertised, of course if its just small items i can resolve myself but if i find the clutch is heavily worn and of need of an immediate change (£10-15k job) i'd like to have the confidence of going back to the trader to give the car back knowing they'll accept and also to go back to CollectingCars to show they have mis advertised the car for a refund of my deposit back. 

Your issue might depend on how much detail was shown in the advert. If for instance is stated categorically, that certain parts were in excellent condition , or  that the clutch shows no signs of wear and you immediately see excessive wear you might have a point. However less detailed descriptions like ‘in good condition’ or has had xx parts replaced are less definite as it doesn’t define who decides what good condition is or even if the new parts were necessary or fitted by a qualifies mechanic. 

NBLondon

Major_Tester said:

Do the traders still have to adhere to Consumer Contracts Regulations 2013? for Long distance selling?

,br. If you were buying direct from them as a trader then presumably they would, But you bought it at auction. The question might boil down to whether Collecting Cars is an Auction House or just an advertising platform? The t&c make a distinction between "Auctions" and "Private Sales" - which was it?

GabbaGabbaHey

Major_Tester said:

 but if i find the clutch is heavily worn and of need of an immediate change (£10-15k job) i'd like to have the confidence of going back to the trader to give the car back knowing they'll accept and also to go back to CollectingCars to show they have mis advertised the car for a refund of my deposit back. 

Surely a clutch is a consumable?

And an especially bad driver could burn out even a brand new clutch on the drive from the auction house to the specialist, so I couldn't image any trader or auction house accepting a car back because it needed a new clutch.

Unless the car in question has a clutch inspection hatch and you could take photographs of the state of the clutch at the auctioneer's premises, and before the car has been driven, that's an ambitious expectation.

RFW

NBLondon said:

Major_Tester said:

Do the traders still have to adhere to Consumer Contracts Regulations 2013? for Long distance selling?

,br. If you were buying direct from them as a trader then presumably they would, But you bought it at auction. The question might boil down to whether Collecting Cars is an Auction House or just an advertising platform? The t&c make a distinction between "Auctions" and "Private Sales" - which was it?

The auction houses will try and tell you they aren't a consumer sale. Trading Standards will disagree. Having been an auctioneer and on the receiving end of Trading Standards wrath I know a bit about it. It depends more on how the buyer purchased, if they are, or say they are, a consumer then they have consumer rights.

RFW

GabbaGabbaHey said:

Unless the car in question has a clutch inspection hatch and you could take photographs of the state of the clutch at the auctioneer's premises, and before the car has been driven, that's an ambitious expectation.

I agree. I'd be spending however much it cost to get the AA or RAC or whoever to officially check it over. For pushing £100k I'd certainly make sure all my Ts were crossed as well as a lot of fingers!