When is a "Trader" not a trader ??

[scaniaman]

Recently bought an older car for the "Boss" and have had bother with it.

 

Guy I bought from refuses to repair the car which has developed an MOT failure problem on day 1.

 

Seller claims to be a private seller and advertised as such on Gumtree.

 

Found out this guy has a vehicle repair workshop of sorts and sells the odd vehicle mainly sourced from his brother who is a bona fide trader.

 

Am taking him to small claims court if he doesn't pay repair by local garage.

 

Beware motor traders in Kirkcaldy Fife, bearing the same name.

[BankFodder]

On the basis of what you say, he is a trader.

 

Make sure you describe him as such on your claim form.

 

Joe Blogs (a trader)

 

And then again in the body of the claim.

 

Also you are entitled to reject the car completely for a defect in the first 30 days

[ericsbrother]

Depends as to why he had that car in the first place.

 

Chances are he bought it to tart up and sell on but will claim that he bought it for his wife and she didnt like it so sold it on.

as this sort of thing is as old as the hills no judge will be impressed with that so yes, he is a motor trader.

 

However, if it was his car for say a year then he has the same rights as anyone else to sell his personal property

but if the fault was there when you bought it he would have a hell of a job in claiming he didnt know about it,

being a professional mechanic and all that so still liable for making good or risk a claim for misrepresentation of the condition of the vehicle

[heliosuk]

I think from a legal point of view is that if the same said person can be proved to have sold more than 6 vehicles over 6 months then they are deemed to be a trader. I can't remember the exact numbers that trigger it.

[BankFodder]

I'd love to see a link to the authority for this - but in the meantime I think that this is wrong.

[heliosuk]

Well here's a start.

https://www.autotrader.co.uk/sell-my-car/frequently-asked-questions/trade-seller

 

And here's another perhaps a bit more informative.

https://www.pistonheads.com/gassing/topic.asp?h=0&f=23&t=1085769

 

Whilst neither is official it does suggest that over 6 cars in a year and the sellar would be considered a trader.

 

And here as well:

http://www.tradingstandardswales.org.uk/prosecutions/2015JanMerthyr.cfm

 

Now this article is interesting as it implies a sale of approximately once a month is considered a trader as I originally pointed out and is a report on an official trading standards case.

[scaniaman]

Thanks guys. Fault is the coil pack which illuminated the engine management light----an MOT failure.

As you all know, this light can be temporarily put off by a computer----enough to not show at point of sale.

[BankFodder]

2 “Trader” means a person acting for purposes relating to that person’s trade, business,craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

 

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?448203-2-Key-definitions-*

 

In previous legislation, the definition is referred to someone who deals in the course of business. This has always been interpreted by the courts is not being only the person's principal business, but in the course of any business.

 

For instance, a restaurant might sell off some of its equipment. Clearly it is not a catering equipment seller but if it sells off some of its equipment then that is considered to be a trade transaction and can fall within the protection of the Consumer Rights Act.

 

If you want specifically to talk about the trade in vehicles, then take as an example and ice cream seller who decides to sell his ice cream van. Clearly he is not a vehicle trader – but he sells his ice cream van and that would be classed as a trader the purposes of the act.

 

I think one could scarcely imagine an ice cream man selling six vehicles a year.

 

If the ice cream man sells his own personal car which he uses only for private purposes for his family then that sale is most unlikely to be considered as a trade sale.

 

I hope this clears it up

[heliosuk]

True bankfodder but if he sold 1 ice cream van a month then then he would be classed as a trader in ice cream vans wouldn't he.

[scaniaman]

Having difficulty finding template for an LBA. Please advise. TIA