Sold Car on Ebay, buyer now not happy, advice please
25 January 2010, 03:38 PM
#1
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Sold Car on Ebay, buyer now not happy, advice please
as above had auction end last sunday, for a car i sold, (£1271) i said please ask any questions and viewings are welcome car is near bournemouth in the advert
The winnig bidder didnt ask any questions and didnt come to view the car prior to auction ending. he paid the £200 deposit and then came and collected the car on saturday. He paid the remaining £1071 in cash after looking over the car, and signed the v5 and seemed happy as he drove off sideways down the road.
Saw a message on ebay last night saying he is not happy, car is not as described and he wants his money back and will get on to his solicitors if i dont reply in 24hours.
He hasnt stated how it is different to how i described it yet, but he came down and looked it over himself before handing over the money, What position am i in?
at the time had to get a friend to meet him, give keys and get him to sign v5, as i was on the way to cornwall to pick up my new impreza
i dont want to give him his money back, at the end of the day he shouldn't have bid if he wasnt happy, and definately not paid the remaining £1000 signed the v5 and drove it home.
ive read paypal can take money straight out of your bank account, but i havnt got this money anymore, and wouldnt give it to him anyway, car was exactly as described and he was happy to take it.
What can i do? and what do you think will happen next
The winnig bidder didnt ask any questions and didnt come to view the car prior to auction ending. he paid the £200 deposit and then came and collected the car on saturday. He paid the remaining £1071 in cash after looking over the car, and signed the v5 and seemed happy as he drove off sideways down the road.
Saw a message on ebay last night saying he is not happy, car is not as described and he wants his money back and will get on to his solicitors if i dont reply in 24hours.
He hasnt stated how it is different to how i described it yet, but he came down and looked it over himself before handing over the money, What position am i in?
at the time had to get a friend to meet him, give keys and get him to sign v5, as i was on the way to cornwall to pick up my new impreza
i dont want to give him his money back, at the end of the day he shouldn't have bid if he wasnt happy, and definately not paid the remaining £1000 signed the v5 and drove it home.
ive read paypal can take money straight out of your bank account, but i havnt got this money anymore, and wouldnt give it to him anyway, car was exactly as described and he was happy to take it.
What can i do? and what do you think will happen next
25 January 2010, 03:42 PM
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Paypal will only give the money back that he has paid for so the £200 deposit but he has to have very good reason so i dont think they will.
It is sold as seen and like you say he looked over it so just ignore him although i dont know the legality of it but thats what i would do.
It is sold as seen and like you say he looked over it so just ignore him although i dont know the legality of it but thats what i would do.
25 January 2010, 03:49 PM
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Paypal can only claim back what you were paid through them.
Last edited by Gear Head; 25 January 2010 at 03:50 PM.
25 January 2010, 03:51 PM
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Unless he can prove you defrauded him (e.g. if you sold it as being in good condition knowing it was a cat D) I don't think he has a leg to stand on.
Steve
Steve
25 January 2010, 03:56 PM
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thats sounds reassuring, was starting to worry a bit because to me thats a lot of money which i dont have.
I wont reply to it then, he hasnt phoned me or anything yet, il see if or what develops
I wont reply to it then, he hasnt phoned me or anything yet, il see if or what develops
25 January 2010, 04:03 PM
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25 January 2010, 04:46 PM
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Depends entirely if you mis-led him into buying the item.
If you said it was something - and it isn't - he has a case.
If it was unroadworthy then it was illegal to sell it.
You say he went sideways down the road .... is that because the rear had come away from the front?
Generally, it's buyer beware .... but, not always.
If you didn't mis-lead in anyway you are in the clear ... rest easy and enjoy your new toy!
If you said it was something - and it isn't - he has a case.
If it was unroadworthy then it was illegal to sell it.
You say he went sideways down the road .... is that because the rear had come away from the front?
Generally, it's buyer beware .... but, not always.
If you didn't mis-lead in anyway you are in the clear ... rest easy and enjoy your new toy!
Last edited by SunnySideUp; 25 January 2010 at 04:47 PM.
25 January 2010, 05:22 PM
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did you give him a reciept saying 'sold as seen' and get a copy? That way he'd at least signed he was happy with the inspection.
Like others said though the sideways thing is a bit strange. Also you say he didn't ask any questions - should he have? If the listing made everything clear then he wouldn't need to... not having a go, just and interesting choice of words to an outsider.
5t.
Like others said though the sideways thing is a bit strange. Also you say he didn't ask any questions - should he have? If the listing made everything clear then he wouldn't need to... not having a go, just and interesting choice of words to an outsider.
5t.
25 January 2010, 05:31 PM
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'Sideways' due to snow, no doubt. He only has a case if its dangerous or youve deliberately mislead; as others have stated. If not then let him start paying £200+ an hour to be told the same...
25 January 2010, 07:22 PM
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haha, no the friend i got to housesit while he arrived was a couple of 17 year old girls, its a rear wheel drive carlton gsi, think he was showing off going sideways down the road.
No, there is nothing different in the listing than on the actual car, im quite confident on that. i spent over a hour writing the listing as i know how important it is to be accurate.
No i didnt get any copies of recipets etc as was on train to cornwall at the time, originally he was coming on thursday and i would meet him, and take he cash with me to buy the subaru. On wednesday he cancelled thursday meeting and said saturday instead after i had booked train tickets, hence why i got my mates sister to meet him.
he offered to pay the remainder by paypal whichi said was fine, then spoke to him on the phone and he specifically said he would bring cash on saturday just incase there was anything else wrong with it not mentioned.
My friends sister said he looked it all over engine, boot, underneath, paperwork and was happy with it, so handed over cash, signed the v5 and off he went.
this is the car: VAUXHALL CARLTON GSI LOTUS REPLICA 3.1 LPG Dual Fuel on eBay (end time 17-Jan-10 18:11:50 GMT)
No, there is nothing different in the listing than on the actual car, im quite confident on that. i spent over a hour writing the listing as i know how important it is to be accurate.
No i didnt get any copies of recipets etc as was on train to cornwall at the time, originally he was coming on thursday and i would meet him, and take he cash with me to buy the subaru. On wednesday he cancelled thursday meeting and said saturday instead after i had booked train tickets, hence why i got my mates sister to meet him.
he offered to pay the remainder by paypal whichi said was fine, then spoke to him on the phone and he specifically said he would bring cash on saturday just incase there was anything else wrong with it not mentioned.
My friends sister said he looked it all over engine, boot, underneath, paperwork and was happy with it, so handed over cash, signed the v5 and off he went.
this is the car: VAUXHALL CARLTON GSI LOTUS REPLICA 3.1 LPG Dual Fuel on eBay (end time 17-Jan-10 18:11:50 GMT)
25 January 2010, 07:34 PM
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He only has a case against you if you made some specific statement about the car which turned out to be untrue. Rules for private sellers are quite different to those for a trader - take a look at this.
The legal system is very much geared up towards encouraging people to settle out of court; although it's not actually a requirement to try alternative dispute resolution first, he's liable to lose any court costs unless he tries that route first <click>. So don't worry about being contacted by a solicitor, as even if you are it should mean you get a clear explanation of the case against you.
Without seeing the advert it's hard to say exactly what that case might be. The relevant law is the Misrepresentation Act 1967 which you can read about here.
Essentially it's up to him to prove that you made some specific statement about the car which was untrue. That's a big no-no, and if you actually did, then you could be in trouble. The details of the ad, and the exact nature of his complaint, are key.
Ask exactly what the problem is, then wait and see.
The legal system is very much geared up towards encouraging people to settle out of court; although it's not actually a requirement to try alternative dispute resolution first, he's liable to lose any court costs unless he tries that route first <click>. So don't worry about being contacted by a solicitor, as even if you are it should mean you get a clear explanation of the case against you.
Without seeing the advert it's hard to say exactly what that case might be. The relevant law is the Misrepresentation Act 1967 which you can read about here.
Essentially it's up to him to prove that you made some specific statement about the car which was untrue. That's a big no-no, and if you actually did, then you could be in trouble. The details of the ad, and the exact nature of his complaint, are key.
Ask exactly what the problem is, then wait and see.
Last edited by AndyC_772; 25 January 2010 at 07:35 PM.
25 January 2010, 08:19 PM
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As already stated, the guys trying it on, perhaps he's been to Specsavers and has realised what a pos he's brought. 
25 January 2010, 09:31 PM
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The worst he can do is go through small claims court where the burden of proof is different as it would be a civil matter.
He will have to document why he wants his money back, you will have a right to reply.
I am guessing if he bought a 1200 quid car he doesnt have a bank of solicitors that he will get to bang your door down.
The advice above is good, Leave the ball in his court, Its a civil matter and all he can do is apply for a small claims hearing, and from what you say it will only end up losing him another 50 quid.
He will have to document why he wants his money back, you will have a right to reply.
I am guessing if he bought a 1200 quid car he doesnt have a bank of solicitors that he will get to bang your door down.
The advice above is good, Leave the ball in his court, Its a civil matter and all he can do is apply for a small claims hearing, and from what you say it will only end up losing him another 50 quid.
25 January 2010, 09:34 PM
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Did buyer sign something saying Sold As Seen? I usually get the buyer & myself to sign a bit of paper with basic car details, purchase price & SAS on it to avoid any problems down the line.
Even if you didn't do that, it's Buyer Beware isn't it? Hold tight, he hasn't a leg to stand on.
TX.
Even if you didn't do that, it's Buyer Beware isn't it? Hold tight, he hasn't a leg to stand on.
TX.
25 January 2010, 11:17 PM
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"Sold as seen" just clarifies that there is no warranty included with the sale. The buyer still has a claim in the event that the car was misrepresented by the seller.
26 January 2010, 06:34 AM
#29
haha, no the friend i got to housesit while he arrived was a couple of 17 year old girls, its a rear wheel drive carlton gsi, think he was showing off going sideways down the road.
No, there is nothing different in the listing than on the actual car, im quite confident on that. i spent over a hour writing the listing as i know how important it is to be accurate.
No i didnt get any copies of recipets etc as was on train to cornwall at the time, originally he was coming on thursday and i would meet him, and take he cash with me to buy the subaru. On wednesday he cancelled thursday meeting and said saturday instead after i had booked train tickets, hence why i got my mates sister to meet him.
he offered to pay the remainder by paypal whichi said was fine, then spoke to him on the phone and he specifically said he would bring cash on saturday just incase there was anything else wrong with it not mentioned.
My friends sister said he looked it all over engine, boot, underneath, paperwork and was happy with it, so handed over cash, signed the v5 and off he went.
this is the car: VAUXHALL CARLTON GSI LOTUS REPLICA 3.1 LPG Dual Fuel on eBay (end time 17-Jan-10 18:11:50 GMT)
No, there is nothing different in the listing than on the actual car, im quite confident on that. i spent over a hour writing the listing as i know how important it is to be accurate.
No i didnt get any copies of recipets etc as was on train to cornwall at the time, originally he was coming on thursday and i would meet him, and take he cash with me to buy the subaru. On wednesday he cancelled thursday meeting and said saturday instead after i had booked train tickets, hence why i got my mates sister to meet him.
he offered to pay the remainder by paypal whichi said was fine, then spoke to him on the phone and he specifically said he would bring cash on saturday just incase there was anything else wrong with it not mentioned.
My friends sister said he looked it all over engine, boot, underneath, paperwork and was happy with it, so handed over cash, signed the v5 and off he went.
this is the car: VAUXHALL CARLTON GSI LOTUS REPLICA 3.1 LPG Dual Fuel on eBay (end time 17-Jan-10 18:11:50 GMT)
That annoys me, you bid to buy, not to consider ..
Come look before the end of the auction not after..
Tell him to get to **** !
26 January 2010, 10:05 AM
#30
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the mileage was actually ~6,000 ish on the clocks, not sure how, but was the mileage the car is gonig up from, as last mot was done around ~4000 miles.
yea agreed, you do bid to buy not be a ****.
Even then he decided he would bring cash just incase he wasnt happy with it when he would then try and pull out of buying it, which he failed to do and continued to hand over cash, sign v5 and then drive off, so for that reason im not inclined to be helpful besides the fact the money is gone, and the transaction is complete as far as im concerned
yea agreed, you do bid to buy not be a ****.
Even then he decided he would bring cash just incase he wasnt happy with it when he would then try and pull out of buying it, which he failed to do and continued to hand over cash, sign v5 and then drive off, so for that reason im not inclined to be helpful besides the fact the money is gone, and the transaction is complete as far as im concerned