gpssti4

iTrader: (6)

Right guys, opinions please:

I lost my job recently so my company car went back and I've been looking for an old run around. I found something on Ebay and I spoke to the seller who described it to me and it sounded okay. I didn't bid as I wanted to run the idea by my wife first (she's earing the money now so only fair).

To cut the story short, the car didn't sell on Ebay, I rang the seller again and reaslised that he would be at a car show I was going to at the weekend. He relisted it on Ebay and it sold, but the buyer couldn't collect it for a month so it was offered to me for £450.

I paid £100 deposit via paypal and the seller offered to deliver it to the show on Saturday. I also asked the seller to MOT and tax the car. The MOT wasn't possible as the car was miles from him and it was only 2 days to go to the show.

On Saturday, before I'd even seen the car, I insured it so I could drive it home the next day.

Saturday evening the seller delivered the car to me at the show............................... just not as described! I looked round it with friends who found that the battery wasn't secured, the exhaust wasn't secured (missing rubber hanger), there were 2 holes in the rear; one about 20mm diameter inside the wheel arch and the other about 100x20mm underneath the rear quarter. The inside was wet - even though it had been dry stored for the last 4 months or so. The car is a convertible BTW and the roof wasn't the best although the seller had described it as 'good'.

Now given the fact that it was at a weekend away car show and I'd been drinking all day I couldn't drive the car so was reluctant to part with £450. I made my feelings clear to the seller about it being misdescribed and that I was not sure if I wanted to complete the deal. I said that if not I'd give him £50 for his hassles and that he could return £50 of my £100 deposit. He said that we'd talk in the morning and off he walked.

I went to him at about 9.00am and he said that the car had been sold to someone else and that he wasn't going to refund my deposit! A few words were exchanged and I said that I'll claim it all back on Paypal.

Your thoughts - who's in the right?

taffyboyo

Did the seller agree to mot and tax the car before you agreed to buy the car?
if not then you were in the wrong to expect it to happen in 2 days, but if he did then that alone would be enough to pull out of the deal and demand your deposit back.

taffy

mrtheedge2u2

I would of given him the worlds largest atomic wedgie there and then.....

In my opinion a verbal deal is still a deal

RRH

Sounds to me like you might have had a lucky escape. Claim the deposit back off PayPal if you can- and find another car.

gpssti4

iTrader: (6)

The deal was that the car had a shprt MOT, but there was nothing wrong with the car. I agreed that I would do the MOT in August, he was to put tax on the car which he did.

My problem is that the car was not as described, that he sold it before we came to any conclusion about me buying it and that he won't refund my money! I did agree to pay for the tax, he could have reclaimed that if need be. I even offered him half of my deposit as he won't get all the money back for the tax and for the running round he had to do. I felt that I was being more than reasonable.

It's his problem if he describes the car inaccurately (or it should be!), anyway the car sold so he should refund my deposit - yes or no?

J4CKO

iTrader: (1)

Its a cheap car so expectations should be adjusted, however if it wasnt as described then thats a breach of his ad, legally I dont know but morally he should refund you the fifty quid. We won a Fiat 500 on Ebay that said no rust and rot, got there it was full of rust so I bailed on it, seller couldnt argue, I am not buying misdescribed crap just to avoid getting neg feedback.

Just do a search on Autotrader for stuff nearby you within your budget and go to view with cash, only was to do it on cheapies, at £450 I would avoid anything out of the ordinary.

Dracoro

Never pay (or leave a deposit) any money for a car until you've seen it.

If you're unluckly, £100 will be the cost of learning the above lesson.

If you're lucky and get your money back, great.

Spoon

OK, first I wouldn't have gone about it your way. Nobody gets a deposit for something I haven't seen. In fact nobody gets a deposit full stop. I see, I buy, I take with me.

Using your scenario though the guy would have owed me money for getting me to the show under a false promise. I certainly wouldn't have offered him a penny but told him I should be charging him on top of the £100 deposit refund I'll be expecting back ASAP.

You would be best to put the experience behind you and feel happy you used PayPal which will make claiming back your entire deposit easier.

Luan Pra bang

Ebay auctions are full of ****e cars that people cannot get rid of. I have looked at hundreds where a small dent in the back has in reality been a crumpled bootfloor twisted subfram and a total wrightoff. Apart from the dealer classifieds the chances of finding a good car are almost non existant. 1 in 200 cars on ebay are worth looking at.

swiftnick

I could not agree more!

gpssti4

iTrader: (6)

I didn't want to leave a deposit, but a friend knows him and said that he's generally okay to deal with. Also, the car was 400 miles away and so as an act of faith I paid a deposit of £100. The guy also had to tax the car too, which I was to pay on top of the £450. That's one area he's moaning about. He could of cashed the tax in though and only lost one month - circa £20 or so, which would have been covered by the £50 I offered.
He sold the car for less money that I agreed to pay and that seems to be his main point - he's lost money. Well, in my book, it's up to him if he sold it for less money or not - it's not my problem! Add to that that the car show was on for a another full day and I'm sure he would have sold it no problem to someone wanting a 'project'.
Well, we'll see what Paypal make of it.

ScoTTyB

deposits are generally non-refundable imho.

timmy2take

iTrader: (7)

I agree, but gpssti4 didn't know the guy was going to flog the motor to someone else. Had that been the case i'm sure he would of taken the car to to make sure he doesn't lose his £100 deposit.

Surely your friend who recommended him should be pulling his finger out for you to get the deposit back for you. To be honest though I think you've dropped a bollock by saying that he could have £50 of the deposit back. Some people see this as a weakness (I'm not saying that is the case - I think it's fair what you offered) but I think he's blatantly taking advantage of that though.

gpssti4

iTrader: (6)

It's been esculated to a Paypal claim now, so we'll let them make the decission

stevie boy

agreed, so long as its described accuratly, it wasn't, so full refund

paulwrxboro

a convertible for £450 ,what were you expecting realy ?
you cant buy a mint anything for £450
must have been worth it, or he wouldent have sold it ?
live and learn

Spoon

Jamo

iTrader: (23)

link to the car on ebay mate pls.