Definition of a 'Trader' under the Consumers Rights Act 2015

[C1ve68]

Hi all, with regards to Consumers Rights Act 2015 Chapter 1, Part 1, Section 2.2

It states a “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.

Can a Consumer rely upon this definition in court if a garage who sold them a car but are now saying it was a private sale (on a sold as seen basis) as they were in their personal capacity selling the car on behalf of a friend? This was never mentioned before the sale and was only mentioned when the garage received a formal letter with regards to the defects, the car purchased was unfit for purpose, not as described and in a unroadworthy condition.

[echat11]

No they can't, it's like a jockey changing horses mid race, not going to happen.

The Dealer needs to be reported to Trading Standards through CAB.

Paragraph just above 'What about internet sales?' in the link below.

https://www.bromley.gov.uk/leaflet/122489/16/687/d

[C1ve68]

Thanks for your response, yes I had seen that that page before have spoken to CAB, can trading standards be contacted directly?

The car purchased was originally enquired about when it was at the garage, weeks later when they were contacted to see if the car was still for sale and to ask about taking the car on a test drive, they said it had been moved to one of the owners driveways as they needed the space. A claim has been made against the garage just before xmas and they have filed a defence recently, they are denying the car was at the garage and are saying the car was on the driveway when it was enquired about for sale and are relying on the fact that a test drive was taken from their home.

[echat11]

Trading Standards can be contacted directly, but regionally it's hit or miss if they take up your complaint directly.

They may ask you to lodge it through CAB (It's actually nonsense, where they can pick the complaints they choose to look at).

[C1ve68]

Yes I agree its nonsense, CAB were contacted yesterday as they had previously said they would pass the case on to Trading Standards, they have now said Trading Standards will make contact if they decide to look at the case.

[echat11]

Yes I agree its nonsense, CAB were contacted yesterday as they had previously said they would pass the case on to Trading Standards, they have now said Trading Standards will make contact if they decide to look at the case.

Check your own council's website for info (such as Bromley Council), then call Trading Standards, say you are doing exactly as they say on the Council's website reporting the deception to Trading Standards, if they fail to act, they need to remove the advice from the website.
You will regrettably have to lodge a complaint with the LGO.

https://www.lgo.org.uk/

[C1ve68]

Also the Defendants have made a separate claim against the Claimant for the outstanding balance (withheld due to the cost of the repair of the defects) for the car which has been acknowledged in the Claimants POC, can the Defendant make a Claim against the Claimant on behalf of someone else?

[echat11]

Also the Defendants have made a separate claim against the Claimant for the outstanding balance (withheld due to the cost of the repair of the defects) for the car which has been acknowledged in the Claimants POC, can the Defendant make a Claim against the Claimant on behalf of someone else?

des8

[des8]

They were the seller and therefore a trader. It doesn't matter whether it was their property or not. Many garages sell cars on a commission basis for other owners, but the garage is still acting as a motor trader.
There must be some case law on this but I'll have to have a look .
If the trader is suing you he has to be the owner as an agent is not party to the contract and cannot sue or be sued.

Regarding withholding of outstanding balance: always an action fraught with danger.
Assuming you had an agreement to pay the balance by a specific time, and you have not complied you are in breach of contract and the seller is entitled to initiate a claim against you. (which apparently they have done)
Your way of defending that is by issuing a counter claim (not a separate new claim) for the costs you have incurred due to their breach of contract in selling a vehicle which did not conform to the implied terms as set out in CRA 2015