Sell a car at a loss, can I claim the loss back?

Alderbank

the_lunatic_is_in_my_head said:

Consumer rights is one avenue however the CRA does not it doesn't prevent the consumer from seeking other remedies. 

Not sure how a claim for damages would go where a consumer has (wrongly) been told sold as seen and then later found out that not to be true.

The DMCC notes where a misleading practice has occurred the rights to redress are:

(a)a right to unwind in respect of a relevant contract or consumer payment;

(b)a right to a discount in respect of a supply of a product under a relevant contract;

(c)a right to damages in respect of financial loss, distress or physical inconvenience or discomfort.

Speak to CAB* OP and ask them if you can seek the loss under the DMCC. 

*Not sure whether they are knowledgeable enough to answer this but don't think we are either. 

Worth a note if this is a dodgy back street car dealer odds of winning and odds of seeing the money are two different things. 

This is an interesting idea and a really useful post, making the OP aware that even if he can't claim under the Consumer Rights Act he might have a claim under the Consumer Protection from Unfair Trading Regulations 2008.

However I think it's only fair to temper his expectations.

In this specific case there is no right to unwind the contract because the OP no longer has the car.

On their website pages discussing the 2008 regs, both DMCC and CAB talk about a claim either where the product was 'bigged up' by the seller to appear to be worth more than it is, or where the consumer is persuaded to buy extra products he does not need.

I think if the seller had said,
'Citroen electricals are the most reliable in the business - never been known to fail',
or had said,
'This car comes with our 12 month 100% guarantee so no need to worry about a thing, even Citroen's dodgy electrics',
or even,
'This car is sold as seen so you'll need to buy this super bolt-on warranty for only £250'
then there would have been grounds for a claim.

But none of those seem to have occurred. I can't see that a car advertised as 'sold as seen' whether that is true or not would be expected to be worth more than the same car advertised with normal consumer rights.