On the paperwork that was in the van on delivery its states the seller as AXA Commerial. It also has the name of the owner, which is a large company and not an individual.  I know that Copart are the ones who receive the vehicle to there yard and take the pictures. 

I'll start reading the link regards small claims. Is this the only option left? Or maybe trying to contact someone at head office rather than the manager of this branch of copart?

Thanks. 

The vehicle was sold by Copart after it was passed to them by AXA Commercial. I know this as there was paperwork in the van stating not just the insurer but also the name and contact of the previous owner (does this break GDRP rules?). Copart take on the sale and this involves them taking pictures and describing the van. They also add their fee to the final sale price.

Does this mean I should reject the email i had from them today and continue pushing for a refund? How should i go about it? I feel that there t&c's means that its down to me to complete a HPI check on the vehicle. But even so, as you say, its not advertised correctly.

Right, so as it stands this is whats has happened.

4th February: Win at auction a van from Copart Wolverhampton.

6th February: Pay via bank transfer. 

9th February: The van is collected and delivered to me by a transporter. I notice mileage is not the same as the description or the picture of the odometer.

10th February: Call Copart and complain. Told to write an email.

11th February: Send email complaining about the mileage.

12th February: No reply from email so call them again to be told it takes a couple of days to get an email reply.

15th February: Still no reply from original email so I send another email but this time also send a letter via Royal Mail Special delivery. Addressed to the general manager. This is what I sent......

Dear Sir/Madam,

I bought Lot # 30991721 from you on 4th February 2021 and paid £9147.60.

The van was advertised with photos and a description that did not match the van. The description stated the mileage at 20,500 miles and the photo of the dash backed this up. The photo clearly shows 20,500 miles. This van has 54,953 miles on the odometer. I took photos of this immediately on receiving the van. I have attached these to an email also.

I wish to return this vehicle for a full refund as the photos do not represent the vehicle I purchased. This would match your Members Protection Pledge.

Please find enclosed the pictures as advertised and the photo of the odometer I took on collection.

This will be sent as both an email and via Royal Mail Signed and Tracked.

I look forward to your prompt reply.

 Yours sincerely,

16th February: Tracking shows the letter has been received by Copart Wolverhampton. 

17th February: Still no reply so called to ask why? Told that a reply would be sent today. I then received this email today.....

Good Afternoon,

I am writing following your recent complaint.

Whilst I understand your frustration and disappointment, I am unable to assist further as our terms and conditions clearly state that all lots offered for sale are sold ‘as is where is’.  This means that we do not give any express or implied warranty that any lot will be fit for a particular purpose, be of satisfactory quality (or have been maintained at any level of quality whatsoever), be in a roadworthy condition or be mechanically sound.  For your reference, I have provided an extract of our membership terms and conditions below:

8.1         ALL LOTS WE OFFER FOR SALE ARE SOLD “AS IS WHERE IS”. “AS IS WHERE IS” SALES ARE SALES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF SATISFACTORY QUALITY). We expressly disclaim the accuracy or completeness of any and/or all information provided to you regarding Lots whether provided in written, verbal or digital image form (“Lot Information”). Lot Information is provided for convenience only. You agree that you will not rely on Lot Information in deciding whether or how much to bid on any Lot. Lot Information includes without limitation: year, make, model, condition, damage amount, damage type, roadworthiness, driveability, accessories, mileage, odometer readings, vehicle identification numbers, title, repairs needed, repair cost, repair history, title history, service history and total loss history. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the Lots we offer for sale. We do not guarantee that keys are available for any vehicles sold through us, regardless of whether or not keys are present in online images or are present in the vehicle during any pre-purchase inspection. The Lots we offer for sale may be missing components or parts. We do not guarantee that vehicles meet or can be modified to meet local emission or safety requirements. IT IS YOUR SOLE RESPONSIBILITY TO ASCERTAIN, CONFIRM, RESEARCH, INSPECT AND/OR INVESTIGATE TO YOUR SATISFACTION THE LOTS WE OFFER FOR SALE AND ANY AND ALL LOT INFORMATION PRIOR TO DECIDING WHETHER AND HOW MUCH YOU WISH TO BID ON ANY LOT.

8.2         YOU AGREE THAT ALL LOTS ARE SOLD “AS IS, WHERE IS” AND ARE NOT REPRESENTED TO BE IN A ROADWORTHY CONDITION, MECHANICALLY SOUND OR MAINTAINED AT ANY LEVEL OF QUALITY WHATSOEVER. THE LOTS MAY NOT BE FIT FOR PURPOSE AS A MEANS OF TRANSPORTATION OR FOR ANY OTHER PURPOSE AND MAY REQUIRE SUBSTANTIAL REPAIRS AT YOUR EXPENSE. THE LOTS MAY NOT BE OF SATISFACTORY QUALITY, TAKING INTO ACCOUNT ALL CONSIDERATIONS, INCLUDING WITHOUT LIMITATION THE PRICE YOU PAY FOR ANY LOT WE OFFER FOR SALE. You acknowledge and agree that we have excluded our liability in respect of terms that would otherwise have been implied into the Contract of Sale under the Sale of Goods Act 1979 (as amended) to the fullest extent permitted by law, including without limitation the terms relating to Lots complying with their description and/or being fit for a particular purpose.

You will note from point 8.1 of the terms and conditions mentioned above that as a member it is your responsibility to investigate (which may include physically viewing the lot) the lot to your satisfaction prior to placing any bid.  To help members with this, lots are available to be viewed at our facilities during the week prior to their auction and we also have a specific ‘Additional Information’ email address for each of our facilities so that members can request additional information for lots they are interested in.

Please note that the vehicle you have purchased is an insurance listing and as such we would not have carried out a HPI check prior to auction, as this would be Members responsibility in line with the above terms and conditions. I have carried out a HPI check on the vehicle today and it does state: THE MILEAGE READING YOU HAVE ENTERED IS INCONSISTENT WITH OTHER DATA CURRENTLY HELD ON THE NATIONAL MILEAGE REGISTER. I would argue that would have carried out your checks this would have been flagged prior to bidding.

We do make every effort to ensure we provide accurate descriptions of lots however, our descriptions are based solely on a visual inspection of the lot to ascertain the primary and secondary areas of damage present. Although such damage is highlighted to you in our advert for a vehicle, I must remind you that in line with point 8.1 set out above, the information we provide on an advert is purely for convenience only and, having agreed to the terms and conditions, you have agreed to place no reliance whatsoever on such information when you are deciding whether or how much to bid as the responsibility lies solely with you to investigate the lot to your satisfaction. 

Again, please accept my apologies for the frustration caused however I am unable to assist you further and your complaint has now been closed.

Yours sincerely

I have attached screenshots i took of the advert and below is a link to there 'Members Protection Pledge'.

https://www.copart.co.uk/content/uk/en/member-protection-pledge 

What can I do? Feel like I've hit a brick wall.

Thanks for any help.

From the paperwork I have it would appear to have been sold by copart on behalf of AXA commercial. 

Why would a bank transfer be a problem?

Could you give me an idea of how my letter to them should read?

Thanks for your help.

It came from Copart. A big seller of salvage vehicles all over the country. They hold auctions regularly during the week selling lots of different vehicles. 

The van arrived Tuesday evening on a transporter. I noticed then that the mileage was not the same as the picture. On Wednesday I called them but was told we had to complain via email so on Thursday morning we sent an email. Today we called them again because we hadn't had a reply email, they said it can take a couple of days to get back to you. 

I won the auction last Thursday and paid via bank transfer on the Saturday. 

It would be a weight of my shoulders to know I should be able to return the van. I wanted a low mileage van to fix up and last me several years.

Hi,

I have just taken delivery of a salvage van after winning it via a copart auction.

The trouble is that when the van turned up it's mileage was around 54,900miles and not the 20,500miles that was stated on the advert.

The advert also had a picture of the dash which also read 20,500miles.

I have contacted copart by phone but was told I needed to send an email, which I have but with no reply as of yet.

I don't want a van with this mileage, i wanted one with no more then 25,000miles.

 I was wondering how I stand legally?

I have a copy of the advert saved and the photos attached to the advert.

Any help would be very welcome,

Thanks