Can i be sued for selling a car at auction sold as seen?

[dryross]

Hi sorry am new to this so am not sure if i have posted to the right location.

 

I bought a car at auction for £4815 and on the way home it broke down, so i got it recovered at a cost of £125 to a garage who had the car for 2 weeks who couldnt find the problem with it but charged me £200 inspection fee's for the 2 weeks, so my total cost was around £5125.

 

I decided not to sell the car privatley but to sell it threw auction under the (Sold as seen) section which i did and received £3985 for it so i was roughly £1200 out of pocket, to my horror about 10 days after selling the car i received a phone call off the auction telling my i owe them £4000, i asked why they told me the buyer of the car took the car home and took it to a garage who informed him the car doesnt have the orginal engine from when it was made,

 

some were along the line its had a replacement engine so therefore the mileage carnt be geniune neither the service history, i told the guy i didnt know anythink about a replacement engine and told him it was sold as seen and that i had purchased the car 3 weeks prior under the same terms and conditions so can he send me a copy of his terms and cocdition highlighting were that i am responsible for this.

 

3 weeks went by with no mail or communacation so i assumed it had been resolved. Then this morning i received a letter of a solictors telling me ive got 4 days to pay the sum of £6000!!! because as a result of my actions ive been enduly enriched and the grounds they have me on is - The compliance with the consumer protection from unfair trading regulations 2008 (CPR'S) and - the business protection from misleading marketing regulations 2008 (BPR'S). It says the facts are -

 

1. The vechicle was described as having warranted miles and full service history

2. Examination of the vechicle showed the engine came from either a audi a3 or a volkswagen gold when infact the car is an audi a4.

3. The engine number was not as described or as on the registration document.

4. The reality is that major work has been undertaken on this vechicle and therefore it could not possibly have had full service history and warranted miles.

 

On the entry form which i have to fill in when putting the car in auction i put the the make and model of the car and the chassis number, i also put full service history sat nav and in big black letters (SOLD AS SEEN) i didnt put any engine number on the form because i wouldnt know were to find it nor did they ask me to put it on.

 

I have my invoice from when i bought the car and it says 81,345 miles then it says Warranted? - YES, I supose my question is were do i stand with this as i didnt know anythink about a replacement engine and doesnt the same rules apply to me as it was sold to me the exact same way. also what should my response be as ive contacted at least 20 solictor firms today and all are saying they dont deal with this sort of thing.

also the guy who won the car had the car off premises for at least 4 days before claiming it had a replacement engine (could it not have been him who put the engine in)

 

any advice you can provide would be fanatastic, Thanks Danny

 

the make of the car was a 2005 05 audi a4 estate which is roughly 7 years old

Edited August 13, 2012 by citizenB
formatting

[citizenB]

Just trying to find out which forum you should be in.. you dont have to do anything, it will be moved for you.

 

I am sure someone will soon pop in to see if they can advise.

[dryross]

hi thanks will you let me know were and when it gets moved thanks:-)

[citizenB]

Yes, of course.. but I promise you, you will see it easy enough..

 

[slick132]

Hi Dryross,

 

If you sold the car back through the auction house where you bought it, you have a stronger case as you, too, have been victim of a misrepresentation of the car's history, mileage, etc.

 

If you sold the car at a different auction house, then you may more of a problem.

 

Please confirm.

 

[dryross]

hi slick i bought the car threw Manheim auction house, i tried selling it threw manheim but it wasnt selling so i got it moved to Bca auction house and it sold threw there, ive just spoke to a solictor who has advised me to send a response letter my self stating that i havnt profited from any of this and i wasnt aware of any replacement engine as the car was sold to me 3 weeks prior with warranted mileage and full history so i was none of the wiser plus your client had the car off site for 4 days (who is to say he never put the engine in) and i look forward to defending my innocence in court look forward to your response, i know its a bit rough lol hopefully citizens advice can help me draft the letter. would your agree with sending a response letter? thanks for your help

[slick132]

Hi Dryross,

 

I think a reply on those lines is about right. These are the points that I would make :-

 

1. I bought the car from another auction house recently and sold it through your auction using the same information which I was given.

 

2. I'm not in the car trade unlike yourselves and I have no idea about the history of the car, which is why I stated very clearly on your forms "Sold as Seen".

 

3. Far from being Unduly Enriched, I lost out to the tune of approx £1,200 on the car.

 

4. I am an individual, not in the car business and not a trader, so the Regulations that you quote will not apply.

 

5. I have no idea why you feel you have a right to £6,000 from me and, if you take court action as threatened, I will defend it vigorously.

 

[Conniff]

That's exactly what you need to tell them.

 

Lets send a solicitors letter and that will frighten him and we will get the car for free and make lots of profit. Some of these companies are a joke.

[Slaac]

sometimes I do wonder what bunch of jokers advise some of these companies....

[raydetinu]

The problem is it has been mis described!

Full service history?

Warranty on mileage? ( this can be checked through vosa website or on MOT docs, to some degree.)

engine no. on V5 not the same as in car?

Now what I dont undertstand is how the claim is for £6k?

If they have refunded the buyer the £3985 + costs! they have taken the car back I pressume, which has some value.

I would think all they could get back from you, if they win, would be £3985 and you should get your car back.

They cant have the money and your car?????

[sutherland]

How did this end?

[Conniff]

Can you get a copy of the entry form you submitted with the car?