Online Application standard terms and conditions

Regulated Information

In these Conditions: (a) the term “we”, “our”, “us” or “Auto Trader” refers to Auto Trader Limited (company registration number 3909628) which is a company incorporated and registered in England and Wales and has a registered office address at 4th Floor, 1 Tony Wilson Place, Manchester M15 4FN; and (b) the term “you” “your” or “Customer(s)” refers to you, the credit applicant.

Auto Trader Limited is authorised and regulated by the Financial Conduct Authority in relation to consumer credit and insurance mediated activities (Firm reference number: 735711). Auto Trader is a credit broker, not a lender. Auto Trader’s regulated activity is limited to facilitating introductions via the use of the Platform and does not offer a source of credit or a finance product directly to Customers and does not undertake any of the Seller’s regulatory responsibilities.

What is the role of Auto Trader?

Auto Trader runs a platform allowing its Sellers to display their vehicles for sale and to help facilitate Customers to receive finance quotes from the Seller’s panel of lenders based on eligibility, as well as the option to be introduced to a Broker to facilitate finance through the brokers’ panel of Lenders. Once the Customer has selected their vehicle on Auto Trader and decided that it would like to explore car finance, Auto Trader’s platform provides the Customer with information to help support them make an informed decision on the different types of finance products and to decide on which finance product is the most suitable.

The Customer is presented with a choice of finance quotes to select from based on the Customer’s personal and financial circumstances (including a soft credit search) for the Customer to review and compare. The Customer can then choose if they wish to progress with their chosen Lender to the full application process to receive a decision from the Lender.

This document outlines the way Auto Trader shall carry out its work for you, and will form your contract with Auto Trader.

By clicking on the ‘agree and continue’ box you agree that you:

accept our Conditions contained herein;
acknowledge that Auto Trader shall act as a credit broker in making any referral or introduction of you to the Seller;
acknowledge that in making any such referrals or introductions, no advice or recommendations have been given by Auto Trader;
accept that these Conditions shall apply to all activities and transactions arranged by Auto Trader;
are a UK resident and hold a UK bank account; and
have read and understood our Privacy Policy and consent to the use of your personal data.

For the avoidance of doubt, you will have the option to opt out of future marketing at the conclusion of this contract.

Finally, as part of the application process, you will be requested to provide us with an e-mail address and your mobile number in order that we can send you communications which you hereby consent and authorise us to send private and confidential information to you (including but not limited to, credit decisions and access to financial documents).

About the Online Application Service

The Online Application Service allows you to obtain Estimates of finance products which may be available on a Vehicle you are interested in based on some options you select, to obtain Personalised Quotes of credit from Lenders, to make a Credit Application with a Lender in respect of the selected Vehicle and to receive a response to that Credit Application which may result in an Offer (the “Online Application Service”).

These standard terms and conditions (“Conditions”) set out the contract terms between you and Auto Trader in respect of the Online Application Service and will be binding on all users of the Online Applications Service.

Auto Trader is responsible for presenting Estimates; displaying Personalised Quotes (based on lender terms and eligibility criteria and credit bureau checks); submitting a Credit Application to a lender or broker (on behalf of a consumer); presenting lender decisions back to the consumer. If you proceed with any application for finance this will be subject to the Lender’s terms and conditions. There will be a separate legal contract between you and the Lender for the Credit Application and between you and the Seller for purchase of the Vehicle.

Will you have to pay for our services?

There is no charge to you by Auto Trader for use of the Online Application Service or for introducing you to Sellers and their panel of Lenders. We will however receive a fee from the Seller for the service which allows the Seller to display finance options in respect of the vehicles it advertises on our platform and we will also receive a fixed fee from the Broker if a Lender from the Broker Panel provides you with the finance to purchase your vehicle.

DEFINITIONS

In these Conditions the following terms will have the following meanings unless the context otherwise requires:

Term	Meaning
"Broker"	Means CarMoney Limited, who is authorised and regulated by the Financial Conduct Authority (FCA) for consumer credit activity (FRN 674094) (with registered address: Pioneer House, 2 Renshaw Place, Holytown, ML1 4UF, Scotland Company Number: SC467274);
"Broker Panel"	Means the service provided by Auto Trader in partnership with the Broker, which (if opted in to by a Seller) allows Auto Trader to provide details of an alternative Personalised Quote to a consumer by the Broker's lenders, where you are not eligible for any Personalised Quotes from the Seller's Lenders. The Customer can select a Personalised Quote provided by the Broker's lender and submit a full Credit Application to the Broker's lender;
"Credit Application"	Means an application for finance made by you in response to a Personalised Quote directly with a Lender;
"Decision"	Means the decision from the Lender in response to a Credit Application, which may be either an Offer or a decline;
"Estimate(s)"	Means the estimate(s) provided to you by Sellers, as displayed by Auto Trader on the Platform, giving you an indication of the finance products that may be available to you for purchase of the Vehicle;
"Finance Agreement"	Means the contract entered into between the Customer and the Lender when the Lender accepts the Customer's Credit Application, which details the terms and conditions upon which Lender is providing finance to the Customer;
"Lender(s)"	Means the Seller's lenders (and where applicable in the context the Broker's lenders) who provide Personalised Quotes and Decisions (as applicable) as displayed on the Platform, and with whom any Credit Application is made;
"Offer"	Means an offer for credit provided by the Lender to you in response to a Credit Application, which could be conditional upon the Lender requiring further information or validation;
"Personalised Quote"	Means the personalised quote provided to you by Lenders (including where applicable the Broker's lenders) after you provide further details, as displayed by Auto Trader on the Platform;
"Platform(s)"	Means Auto Trader's website and/or other platforms on which you use the Online Application Service;
"Seller"	Means the seller of the Vehicle; and
"Vehicle"	Means the vehicle, in respect of which you are interested in obtaining Estimates, a Personalised Quote and a Decision (as applicable) from the Lenders.

ONLINE APPLICATION SERVICE
1. The Online Application Service allows you to obtain Estimates and Personalised Quotes from the Seller’s selected Lenders (and where applicable the Broker’s lender) in respect of a Vehicle. You must be a UK resident, 18 or over to apply for finance and any Credit Application is subject to status and affordability checks. You may then make a Credit Application with a particular Lender in order to finance the Vehicle and you will receive a Decision.
2. The Online Application Service is provided free of charge to you and you are under no obligation to use the Online Application Service in connection with purchasing the Vehicle from the Seller.
3. The Online Application Service may only be used with participating trade Sellers, where that option is available on the Platform in respect of the relevant Vehicle.
4. You may only use the Online Application Service if you are interested in applying for credit as an individual and are not applying for credit for your trade or business. You may only use the Online Application Service on your own behalf. Please be aware that Lenders may apply restrictions as to the use of a Vehicle.
5. You must use the Online Application Service in good faith and only seek to obtain Personalised Quotes and make a Credit Application in respect of a Vehicle if you are genuinely interested in purchasing that Vehicle.
6. You must ensure that all details you provide as part of the Online Application Service are honest and accurate in all respects.
ESTIMATES
1. Once you have selected a Vehicle, the first step of the Online Application Service is to ‘build your estimate’. As part of this step, you have the option to select different options to indicate your preferences for the Estimates (for example part exchange, cash deposit, mileage and duration of the credit). However, you should be aware that the Estimates that you receive may not necessarily include all or any of your desired options, because the Estimates can only be based upon what is actually available by each Seller.
2. When you receive Estimates, they are intended to give you a reasonable indication of the finance quotes which could be available for you from Lenders. They are indicative and representative only and are subject to change in accordance with your particular circumstances. All Estimates are provided by the Seller based on their general information from their panel of lenders and not by Auto Trader. Auto Trader is responsible for the presentation of the Estimates on the Auto Trader Platform in accordance with the responses provided by the Seller (based on representative rates), but has no responsibility for the content of the Estimates returned by the Seller (or the data on which they are based) and you should not place any reliance on any Estimate as a guarantee of whether you will be eligible for any credit, or what terms that credit will be offered on.
3. You have the option to request an indicative part-exchange valuation for your current vehicle. If you select this option, you should be aware that this is a guide price only. It is not a guaranteed part-exchange valuation, so you should not place any reliance upon this guide price. Part-exchange valuations given at any time are also subject to the Seller’s part-exchange terms, the vehicle specification and inspection, and indicative part-exchange prices can vary as a result (which may lead to a change in the amount of credit you require for a Vehicle).
4. The Estimates may reflect different types of finance products that are available These range from Hire Purchase (‘HP’), Conditional Sale (‘CS’) or Personal Contract Purchase (‘PCP’). Auto Trader provides some general guidance and explanations on the different types of finance products on the Platform, however this is for background information only and does not constitute financial advice or any personalised advice as to what may be suitable for your own needs. Please also be aware that the Estimates are not intended to give you an exhaustive overview of every type of finance product that could be available for purchase of the Vehicle. Please also note that it may be that the actual products available via the Seller’s lending panel are restricted due to the financial purpose, business structure or credit appetite of certain Lenders.
5. Auto Trader recommends that you seek your own advice as to what financial quotes are best for your individual personal circumstances. Other finance options may be available and it is your responsibility to satisfy yourself that you are selecting the best option for you.
PERSONALISED QUOTES
1. The next step in the process is to choose one of the options available to you as an Estimate and proceed to obtaining Personalised Quotes. You will need to insert further details in order to receive Personalised Quotes, which are more tailored to your particular circumstances.
2. In order to show you Personalised Quotes, Auto Trader will need to share your details with credit agencies, Experian and Equifax, who will share only necessary details from your credit file, including your credit score. See clause 8 if you need to contact them to find out more about this and also the Privacy Policy (https://www.autotrader.co.uk/privacy-notice) which explains how Auto Trader shares your details and how they use your details.
3. The Lenders provide Auto Trader with their suitability criteria terms and conditions in advance (as may be amended from time to time) and Auto Trader uses this information to assess which of the Lenders can offer you suitable credit arrangements. If there are suitable quotes available to you and suited to your circumstances, they will be displayed to you as Personal Quotes. Auto Trader also shares your personal details (but not your credit file) with the Seller so they can continue the finance enquiry. Your details are not shared with any Lenders until you make a Credit Application, as described in clause 6. Further details about your personal data is used can be found in clause 10.
4. When you receive Personalised Quotes, although these are more tailored to you than Estimates, they are subject to change, in accordance with your particular circumstances. All Personalised Quotes are provided based on the Lender’s eligibility terms and criteria provided in advance to Auto Trader and credit bureau checks obtained from Experian and Equifax. Auto Trader has no responsibility for the Personalised Quote other than to present them to you on the Auto Trader Platform and you should not place any reliance on any Personalised Quote as a guarantee of whether you will be eligible for any credit, or what terms that credit will be offered on.
5. Personalised Quote are not available for any particular period of time, and they cannot be saved to use for a Credit Application at a later date. If you choose not to apply for a Credit Application in response to a Personalised Quote, you may find that if you use the Online Application Service at another time to obtain Personalised Quotes, the Personalised Quotes may differ to those you have previously received.
6. You should be aware that the Personalised Quote that you receive may not necessarily include all or any of your desired options, because the Personalised Quote can only be based upon what is actually available by each Lender. Each Lender may have a different criteria or available options for Personalised Quotes, so this means that the Personalised Quote that may be returned by one Lender on one Vehicle may differ from another Lender and another Vehicle. Each Seller of a Vehicle has its own selected panel of lenders (and separately agreed rates), which may change from time to time (the Broker’s panel or lenders and their rates may also change from time to time).
BROKER’S PANEL
1. A Seller may, at its option, choose to sign up with Auto Trader to offer the Broker Panel service. The Broker Panel service may not be available on all vehicles which are available for the Online Application Service.
2. Auto Trader acts as an introducer to the Broker who is a credit broker, not a lender. The Broker does not form part of the Seller’s panel of Lenders.
3. The Broker can introduce you to a limited number of finance providers (a list of these is available on request from Auto Trader) who may be able to provide finance to facilitate the purchase of a Vehicle.
4. The rates shown for the Broker on the Personalised Quotes page are representative and specific to the Broker’s lender panel and will be based on your credit score. These are for illustrative purposes only and are subject to change based on additional checks by the Lender and the Credit Application.
5. The Broker will receive a commission for introducing you to one of its lenders if your Credit Application is approved. If your Credit Application is approved with the Broker, having made the Credit Application as part of the Online Application Service, the Broker will pay Auto Trader a fixed fee (such fee will not be dependent on the type of finance you select).
6. The Broker uses a multiple-proposal approach where it conducts multiple credit searches (which may include multiple hard credit searches), as further described in the Broker’s terms and conditions which are made available to you if you select Personalised Quote from the Broker’s lender or available here: CarMoney T&Cs.
CREDIT APPLICATION AND DECISIONING
1. Once a Personalised Quote is selected a summary of the Personalised Quote is presented to you. This includes key financial information, an overview of the Lender's terms and other important information that you should read before choosing to proceed with the Credit Application.
2. If you choose to apply for a Credit Application in respect of a Personalised Quote, the Lender will assess whether your Credit Application is successful or not (based on its lending criteria and may also complete a hard check against your credit file) and you will receive a Decision from the Lender. If your Credit Application is successful, you will receive an Offer (which may be conditional). If your Credit Application is unsuccessful, you will not receive an Offer, however we will confirm the name and contact details of the party from whom we obtained our information and we may pass your details to the Seller and/or the Lender who may contact you to discuss other finance options with you. You will have the opportunity to review your other Personalised Quotes (if applicable), and make another Credit Application if you wish.
3. If you wish to apply for a Credit Application in response to a Personalised Quote from a Lender, Auto Trader will submit your application to the selected Lender and it may result in a hard check for that Lender appearing on your credit report. Please be aware that each hard check is visible to other lenders and if you make multiple Credit Applications it may have an impact on your credit score and may impact your likelihood of getting credit in the future.
4. There are a series of questions you may need to answer which enable Lenders to gather further information to help them assess your Credit Application. Auto Trader is not responsible for the selection of questions or the response options available for each question, which are set by Lenders.
5. You shall not provide false information or data including false names, addresses and/or contact or payment details or engage in any unlawful activity in connection with our Platform and/or your Credit Application for a Vehicle or the part exchange of your existing vehicle. If we reasonably believe your Credit Application or any information or data provided by you is fraudulent or you have otherwise violated any applicable law when placing your Credit Application or using our Platform, even if the Seller has accepted your order of the Vehicle, we reserve the right to cancel it and in such circumstances, Auto Trader reserves its right to prevent you from using the Online Application Service in future. We may also tell the Seller, the Lender and fraud prevention agencies about your fraudulent application and share the information you provided with them.
6. If you receive an Offer, the Seller will contact you to finalise your purchase of the Vehicle, using the Credit Application, including issuing you with the necessary paperwork and putting you in contact with the Lender. The Offer may be available for acceptance within a set period only. If this is the case, the Lender will make this clear to you at the time of providing the Offer. The period which an Offer may be available may differ from time to time and as between Lenders.
7. If the Offer is conditional, it means that it may be subject to further verification (for example, the supply by you of evidence) or information as requested by the Lender. If you wish to part-exchange your vehicle then the valuation of your vehicle (once inspected by the Seller) may mean that the amount of credit you actually borrow from the Lender changes.
THE FINANCE PROCESS
1. By making a Credit Application through our Platform, you are stating your intention to select finance if available to you via one of the Seller’s panel of Lenders
2. Once the Lender has confirmed acceptance of your Credit Application, the Lender will notify you of the acceptance and any accompanying terms and conditions. Acceptances are valid for a limited period. A further Credit Application will need to be resubmitted for consideration if this period lapses. The Seller’s lending panel reserve the right to withdraw its acceptance of any finance offer, of up to a maximum of 30 days having elapsed from the date the Offer being made and/or any time if they become aware of any information that adversely affects your financial status. If the Lender approves your Credit Application, you will be provided with the Finance Agreement to be signed and at which point a contract will be formed between you and the Lender for the finance and use of the Vehicle. The Vehicle will not be released to you by the Seller until the Finance Agreement is signed by both parties.
3. Once the Finance Agreement has been signed by you and the Lender, the Seller will be deemed to agree to supply the Vehicle to you. Where you select Hire Purchase, Conditional Sale or Personal Contract Plan finance terms, the Lender will purchase the Vehicle that you have selected from the Seller for the purpose of financing the Vehicle to you on the finance terms agreed between you and the Lender.
4. If you do decide to proceed to finance your Vehicle, completion of your order and delivery of your new Vehicle is conditional on you signing the Finance Agreement with your chosen Lender. The Lender will provide instructions and guidance on how to return your signed Finance Agreement.
5. By signing and returning the Finance Agreement you are making an offer to enter into the Finance Agreement. The Lender’s acceptance of your Offer to enter into your chosen finance package will take place after you have signed the Finance Agreement and provided all documentation requested by the Seller and/or the Lender. The Seller and/or the Lender will determine if the documentation is completed to its satisfaction and the Seller and/or the Lender will contact you if there are any issues and the Lender has confirmed acceptance to you.
6. Where you finance the Vehicle under a Personal Contract Plan, Hire Purchase or Conditional Sale Agreement, you will not own the Vehicle until the Lender has received payment in full, including the optional final payment. Please refer to your Finance Agreement for further details.
7. You will be the registered keeper of the Vehicle and you are responsible for taxing, insuring and servicing the Vehicle while you remain the registered keeper.

ROLES AND RESPONSIBILITIES

The table below is intended to help you understand the roles and responsibilities that Auto Trader, the Seller, the Lender and Credit Reference Bureaus each has in the Online Application Service journey, and the contact details should you have a query or issue in relation to part of the Online Application Service journey:

Meaning	Term
Presenting you with Estimates based on the choices you make (i.e. part exchange, cash deposit, mileage and term)	Auto Trader
Providing Auto Trader with lenders and the data (including representative rates of interest) that form the basis of the Estimates presented to you.	Seller
Providing information to you to assist you in making an informed decision about which finance product is right for you.	Auto Trader
Presenting you with any suitable Personalised Quotes of finance from the Seller’s lender panel based on your individual circumstances (including the completion of a soft credit search).	Auto Trader
Providing information to Auto Trader regarding your credit file resulting from a soft credit search.	Experian and Equifax
Providing Auto Trader with the data (including representative rates of interest) that form the basis of the Personal Quotes presented to you.	Seller
Enabling the application process with Seller’s lenders should you choose to apply through Auto Trader’s website.	Auto Trader
Outlining the next steps you need to take with the Seller should your application for credit be successful.	Auto Trader
Completing additional credit and affordability checks (which may include a hard credit search) to assess your application for credit.	Lender
Providing you with all relevant regulatory paperwork and information about the finance product you have applied for (pre-contract information and credit agreement).	Lender
Introducing you to the Broker Panel Service	Auto Trader
Providing the Broker Panel Service.	Broker (CarMoney)

Auto Trader always tries to maintain the highest levels of Customer care and is passionate about treating its Customers fairly. So, if you have any concerns about the Online Application Service please contact us https://www.autotrader.co.uk/contact-us#complain.
Please contact the relevant parties, based on the responsibilities shown in the table above.
If you wish to contact the Seller or Lender, based on the responsibilities shown in the table above, their contact details can be found via their websites.
If you have a query about your credit file contact Experian and Equifax (Experian contact or Equifax contact).

CONTACTS AND COMPLAINTS
1. We aim to resolve your complaint as quickly and fairly as possible.
2. When we receive your complaint we’ll send you an acknowledgement email within three working days which will explain how we plan to investigate it, including a copy of our complaints handling procedure.
3. Whilst investigating your complaint we may need to obtain more information from you or any third party involved in the complaint.
4. We’ll keep in touch while we’re looking into your complaint and we’ll be happy to answer any queries you may have about how we’re progressing.
5. If the complaint isn’t resolved after a period of 8 weeks we’ll send you an email with either our final response or to explain why we’ve not been able to complete our investigation.
6. If we haven’t been able to finalise our investigation within 8 weeks, we’ll also let you know when we expect to be able to provide you with a final response. We will also include a copy of the Financial Ombudsman Service (FOS)’s explanatory leaflet, setting out further details of the service they provide and how to refer your complaint to them.
7. We have the right to decline any complaint received more than 6 years from the date of the incident you’ve complained about, or (if later) more than 3 years after you were (or ought reasonably to have been) aware of a cause for complaint.
8. We will, however, be happy to consider any exceptional circumstances that you feel have resulted in a delay in raising a compliant to us.
9. If you are unhappy with Auto Trader’s response to a complaint you have the right to refer it to the Financial Ombudsman Service (FOS), as follows:
  By post:
  The Financial Ombudsman Service
  Exchange Tower
  London
  E14 9SR
  By telephone:
  0800 023 4567 or 0300 1239 123
  By email:
  complaint.info@financialombudsman.org.uk
  Website:
  https://www.financial-ombudsman.org.uk/
YOUR PERSONAL DATA
1. In order to provide the Online Application Service to you under these Conditions, you are required to provide certain information which may include personal data. Any/all personal data collected by Auto Trader via the Platform (for the purposes of the provision of the Online Applications Service) shall be processed by Auto Trader in accordance with its Privacy Policy https://www.autotrader.co.uk/privacy-notice.
2. Your data will be passed to the Seller and to the Lender, so that they can provide the parts of the Online Application Service that they are responsible for. Auto Trader sets out when this is the case and what purpose it is for in detail, in the Privacy Policy https://www.autotrader.co.uk/privacy-notice and in those circumstances the Seller’s and the Lender’s privacy policy (as applicable), may apply.
USE OF OUR SITE
1. Your use of our site and the Platform is subject to our Terms of Use https://www.autotrader.co.uk/terms-of-use. If you do not agree to the Terms of Use, we ask you to cease using our site and Platform.
DISCLAIMER & LIABILITY
1. To the extent permitted by applicable law, Auto Trader (and its group companies) shall have no liability to you in respect of:
2. any Estimates, Personalised Quotes, Credit Applications, Decisions, Offers, Finance Agreements or part-exchange values, (including any reliance you may place on them);
3. any change to your credit history as a result of your using the Online Application Service;
4. your transaction for the purchase of the Vehicle from the Seller;
5. your use of the Online Application Service or Platform including any lack of availability or accessibility of the Online Application Service or Platform, any third party websites, links to third party websites, the information or any products or services offered on or through the Online Application Service or Platform or third party websites, whether by Auto Trader or on its behalf;
6. any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Platform for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium); or
7. any (a) loss of profit (whether direct or indirect and whether or not reasonably foreseeable by the parties), (b) lost opportunity, or (c) indirect, special or consequential losses.
8. In any event (subject to clause 12.3) Auto Trader’s liability to you shall not in any circumstances exceed £1,000.
9. Nothing in these Conditions shall be construed as excluding or limiting Auto Trader’s (or its group companies’) liability for: (a) death or personal injury arising from Auto Trader’s or its group companies’ or the Seller’s (as applicable) caused by its negligence or fraud; or (b) for fraudulent misrepresentation; or (c) any liability which cannot be excluded under applicable law. Your statutory rights are not excluded.
GENERAL
1. These Conditions set out the entire agreement between you and Auto Trader in respect of the provision of the Online Application Service. The contract for the Credit Application is as between you and the Lender and purchase of the Vehicle in connection with a Credit Application is as between you and the Seller.
2. Auto Trader is entitled (at its sole discretion) to enforce these Conditions on behalf of a Seller and/or Lender in respect of your compliance with these Conditions in connection with the Service. Subject to the foregoing, no person other than you and Auto Trader shall have rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any provision of these Conditions.
3. If any clause, sub-clause, or any part of a clause or sub-clause, of these Conditions is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable than that provision will, to the extent required, be severed from these Conditions and will be ineffective. All other provisions of these Conditions will remain in full force and effect with such modifications as may be necessary to give effect to the remaining Conditions.
4. Even if we delay in enforcing these Conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breach of any of these Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
5. Any notices and communications relating to these Conditions shall be made by mail, email or telephone.
6. Neither party shall be entitled to assign their rights and obligations under these Conditions.
7. These Conditions shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.