Buying A Used Car From Auction From A Dealership Fords (Gates)

[jamiewiles101]

Hello there, Wondering if I could get some advice on a matter.

I brought a car from Manheim Colchester which is a car auction.

Basically I brought the car with every intention the car was in perfect order as the auction were told the car had no major faults with the car but small dents marks cosmetic things.

Couple of days later I put the car into a mazda dealer to have the car checked over and they have said it needs a brand new engine because the engine was worn and wouldnt of happened within the time of me having the car.

We then phoned Ford Dunmow (gates is the chain) and the guy on the phone said yes we know about the RX8 it shouldnt have been sold as it wasnt fit for the road it failed the road test.

I spoke with a road police officer he said if they did not sell the car through the auction as " spares or repairs " or " not for road use " I can ask for a full refund as i was missold the product. Basically they sold the car to the unsuspected public not caring what would happen with it just so they can earn abit of money.

Thank you for giving the thread a look and any answers would be very helpfull.

[woofgang]

if someone from the place where you bought it has said to you that it shouldn't have been sold then I would be pursuing it with them. You can probably get advice from your local trading standards.

[bednobs]

have you tried to get a refund?

[jamiewiles101]

Before we could continue the phone call any further, the guy put the phone down all bothered. Bascially I don't want them getting out of it. I saved for months and months was very unwillingly wanting to depart with my money until i saw the car i brought which come from a dealership so must of thought everything would be fine.

[Zacs-Master]

By the way, avoid RX8s with anything over 50k mileage as they often need a complete engine rebuild.

[bednobs]

so did you try calling back? If you haven't even asked for a refund, there's no point people coming up with ideas on what to do next - after all they may just say "yes ok"

[Graham-W]

Please let us know how you get on.
If it's been wrongly described you could be in with a chance but I've always been told that auctions are "buyer beware".

[factor-fiction]

Did it come with MOT, any certificate regarding 'road worthiness' or any warranty?

[woofgang]

Okay, basic information. Can you get a written opinion from the mazda dealer regarding the worn out engine? What does the paperwork from the auction say? both the listing and any purchase documentation you may have? Get in touch with your local trading standards office. if they can't help you then they can point you in the right direction. I have a nasty feeling that auctions are caveat emptor.

[Graham-W]

Usually, even if they are sold with a warranty the warranty only lasts until it leaves the auction site. This gives you chance to drive the car round the auction site to check clutch, gears, brakes etc. As soon as it leaves site it's your problem.

[jamiewiles101]

The car has a valid mot with no advisorys. The auction were told the car had no problems so was listed as a good running car. I phoned the dealer and he said it failed the road tests and wasnt fit to be on the road . ive been told by a few people different things, as such sold as seen doesnt stand up anymore and the sales of good act etc, Thank you all for your answers so far. I have a write up from mazda whats wrong with the car. Trading standards said i have a very good case depending on the terms and conditions.

I checked the T&C and it states that A Vendor warrants to Manheim that it will immediately inform Manheim if a vehicle is known by it not to be Roadworthy which they didnt.

[bednobs]

so if you have already taken advice from TS, how can anyone else help?

[Graham-W]

The following is from the Manheim website. It seems your compaint should be to the vendor, Ford Dunmow, as Manheims claim to be just an intermediary to the deal between Vendor and Purchaser.

1/ A Vendor warrants to Manheim that it will immediately inform Manheim if a vehicle is known by it not to be Roadworthy.

2/ Offer is Accepted by the Vendor a Contract of Sale is formed between the Purchaser and the Vendor.
Manheim is not a party to the Contract of Sale and has no liability or responsibility in respect of the Contract of Sale.
3/ The fall of the hammer will mean that Manheim has accepted an Offer on behalf of a Vendor, but Manheim may also accept an Offer verbally or in writing on behalf of a Vendor and an Offer shall be deemed as Accepted whenever an auction or sale of Goods ends and Manheim has received (on behalf of the Purchaser) the Acceptance from a Vendor.

4/ Check if the vehicle is ‘Assured’ which means it’s had a 15 point mechanical check from a Manheim Assured Inspector. These vehicles carry a compulsory premium which gives a 3 day warranty on the mechanical report.

[boxtops]

How long ago did you buy it, jamie?

[jamiewiles101]

Ive had the car two weeks, which it hasnt been used more than 4 times max

[tonywiltshire]

The organisation who sold you the vehicle is responsible if the vehicle was purchased from an individual rather than a motor trader your rights are much reduced. It is an offence to sell a vehicle which is not roadworthy in NI, England & Wales and your insurance may also be null, If you have been sold a vehicle which is not roadworthy do not drive it as the offence is of strict liability and inform your local Trading standards.
Look at section 75 of The road Traffic act 1988.

[joko]

have you actually asked them?

[jamiewiles101]

Basically contacted ford uk who said they were disapointed the way their dealership gates dealt with the car and that all cars used or new come with warrenty because they knew the car was faulty and no fit for purpose so only expected to get 700 for it even tho they started it at 2000 in very good condition with no engine problems. Got a call back today they said its sold as seen we are not paying you a refund or getting the car repaired and that was it. Ive not used the car since buying it as it played up and engine blew within a matter of days. What road can i go down now? As this cant be right, its come from a dealer who basically told me to do one

[RiskyBiscuit]

I saw something related to this today on the BBC1 programme "The Sheriffs Are Coming" The information you need can be found at 35:30. I'm not sure if this relates to car auctions too or just car dealerships.

I hope it is of some help. Media URL: http://www.bbc.co.uk/iplayer/episode/b01qgqp4/The_Sheriffs_Are_Coming_Series_2_Episode_13/
Description:

[RiskyBiscuit]

Did a bit more digging and found this......http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained

Hope it helps