Hi,

I purchased a car from motorhog via an auction site. I wanted to cancel the sale but i am being told by motorhog that because the vehicle has been paid for i cannot cancel the sale.

Just wondering what my rights are and whether motorhog are actually telling the truth? I am within 7 days of purchase and i also agreed to pay a cancellation fee. The vehicle i purchased has mileage issues and motorhog stated there is no guarantee the vehicle will start and drive upon collection eventhough the listing stated it does. I am taking responsibility for not doing an hpi check prior to bidding on the vehicle hence the cancellation fee.

I know the rules and regulations surrounding auctions is a little more complicated so just looking for some advice.

look at the t&c's of the auction site?

stil think gdpr short term right to reject applies

If the listing says its startable and driveable, and you get it and it doesnt... then theres an immediate reason to get your money back.

But you need to look at the auction rules, and hunt around for the right to reject rules

How did you pay?

The auction site is car transplant, they have said they only list vehicles on customers behalf and i have to go direct to motorhog who own and listed the vehicle on car transplant.

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I paid via debit card through car transplant

https://www.motorhog.co.uk/terms-and-conditions/

https://uk.trustpilot.com/review/www.motorhog.co.uk

How did you purchase...on premises or on line ?

I purchased the vehicle online

Your right to cancel an order for goods made at a distance starts from the moment you place your order and ends 14 days from the day you receive your goods

http://www.legislation.gov.uk/uksi/2013/3134/made

Your right to cancel an order for goods made at a distance starts from the moment you place your order and ends 14 days from the day you receive your goods

 

 

http://www.legislation.gov.uk/uksi/2013/3134/made

However Section 28(g) of the above legislation excludes coverage to contracts concluded at a public auction.

Except that this was not a public auction as defined by the Regulation.

public auction” means a method of sale where—

(a)goods or services are offered by a trader to consumers through a transparent, competitive bidding procedure run by an auctioneer,

(b)the consumers attend or are given the possibility to attend in person, and

©the successful bidder is bound to purchase the goods or services;

Contracts concluded at a public auction. However, this exemption does not apply to eBay and other online auctions. Therefore traders selling via so-called online auction sites will have to give consumers a right to cancel and comply with all aspects of these Regulations irrespective of whether they are selling the goods by auction or through 'buy it now' offers. A 'public auction' is defined in the Regulations as "a method of sale where:

- goods or services are offered by a trader to a consumer through a transparent, competitive bidding procedure run by an auctioneer

- the consumers attend or are given the possibility to attend in person

- the successful bidder is bound to purchase the goods or services"

https://www.businesscompanion.info/en/quick-guides/distance-sales/consumer-contracts-distance-sales

Hi All,

I have recieved the response below following my email to motorhog:

"The sale cannot be cancelled you won the vehicle you paid for the vehicle you would need to collect your vehicle or alternatively you can enter the vehicle as a private entry"

This is the second email from them both stating the sale cannot be cancelled.

I will be charged storage charges soon if i dont collect the vehicle, does anyone have a draft email i can send to them as one last attempt in trying to resolve this with motorhog?

Except that this was not a public auction as defined by the Regulation.

 

public auction” means a method of sale where—

(a)goods or services are offered by a trader to consumers through a transparent, competitive bidding procedure run by an auctioneer,

(b)the consumers attend or are given the possibility to attend in person, and

©the successful bidder is bound to purchase the goods or services;

My comment was made on the understanding that there was an option to attend in person, as there is with most 'normal' motor auctions. If not then I happily stand corrected.

However, the site Terms appear to be clearly stating that by registering with them as a bidder you are declaring yourself to be a trader and not a consumer. OP did you register with them on this basis?

* The user acknowledges that our business is that of selling used, recovered stolen, accident-damaged and/or insurance write-off vehicles and other used goods.

* As such the user acknowledges that as a registered Trade Member you are a trader in such vehicles and/or other goods and, whether or not this is your first occasion that you are using our Services, you are purchasing all Lots with a view to your trade and with a view to a profit.

* The user expressly acknowledges and agrees that you are not a consumer of our services, but a trade purchaser. As such you accept that it is fair and reasonable in all circumstances for us to exclude, restrict or limit (as the case may be) our obligations and liability to you in respect of the lots we offer for sale on behalf of sellers (who on occasion may be us).

well we'd have had no PPI reclaiming nor bank charges reclaiming if T&C's were legally enforceable without question

Now if it is B2B then the CRA doesnt apply. the site is geared up for trade only so they can have such terms but then they should have taken steps to stop any old Joe Soap from bidding such as demanding their VAT number before accepting your registration.

being a nuisance to them is probably your best bet. How did you pay? reversing the payment may be a possibility