carl555

iTrader: (7)

Asking for some advice on this odd situation....

I had my other car (not the scoob!) advertised for sale. On Friday 18th May I got a text message off a buyer offering a price along with his offer to send a £250 deposit right away and to arrange collection for early the following week.
I then phoned the buyer, (it turned out he was a trader but I didn’t have a problem with this and he was absolutely fine to talk to), I agreed to the deposit and agreed for collection anytime that following week. The £250 deposit was paid into my back account straight away under his company name and I sent a follow up text to confirm this and that I would expect him anytime the following week, to which he replied to.

So the following week arrives, no contact from him by Wednesday 23rd so I sent a text asking if he had sorted a collection date – no reply.
Thursday 24th tried ringing – no answer – but I did get a text reply saying he would call later – guess what – no call back!!!

So, the car should have been paid for and collected last week and we are well into the following week now.
Today (Tuesday 29th) I have phoned him at lunch time – got a quick answer saying he would phone me back in 2 minutes – still waiting!!!
Sent a follow up text later asking him to explain himself – no reply.



I don’t get it – if he’s gone cold on the deal just say so!
I could do with moving my car on, either by trading in or selling, as in the time I’ve been waiting for him I’ve already missed out on the replacement car I wanted to buy and could easily miss out on the other one I would like too.
But, I’ve got his deposit and stuck in limbo because he won’t return my calls. Do I have to wait for him to decide if, or when, he actually wants the car? (Its already beyond the agreed pick up time of last week)


I could easily say f@@k him and just get on with selling my car, but that’s not what this post is about, its to find out most importantly where do I stand legally? (and if anything legal is applicable given that I’m a private seller – he’s a trader – and all dealings have been done by text or verbally?)

dukeoffenland

I would return his deposit and say deals off

Myles

iTrader: (40)

His choice to pay the cash into your account, one text saying you will be re-advertising the car in 24 hours and keeping the deposit as recompense for turning prospective buyers away. See what comes in the next 24 hours......

dukeoffenland

Did you send a receipt for deposit?

pslewis

He has your Bank Account Details?

OH dear ....

Myles

iTrader: (40)

How did you think he did a bank transfer? Not much you can do with acct details alone.

pslewis

"The £250 deposit was paid into my back account straight away under his company name"
-----------------------------------
Bank Transfer
Reg Number = Name and Address
Knock up some Bills to prove name/address
Account Number and Sort Code

sonic93

iTrader: (16)

my mate was sent 100 quid for a car he sold didnt turn up so kept deposit no come backs ect u could of needed it gone and he has wasted your time his lose i say

scooby red

iTrader: (2)

Does sound a little dodgy to me regarding un returned calls etc

scotty44

iTrader: (12)

Have you done a search on his company?

carl555

iTrader: (7)

Nothing untoward has happened there Pete.... yet!

I also did a LTD company search on him from the names I had and the company does exist, has done for a while and is in his name and location he gave me.


Text message confirming I received the deposit

pslewis

Something really bad could have happened in his life ........ the £250 then fades into the ether.

Jamo

iTrader: (23)

as said above, give him 24 hours to give a firm collection date within the week or the car is back up for sale and you keep the deposit.

Jeremy Clarkson made this mistake thinking nothing could be done with his basic bank details, he ended up donating £500 to charity lol.

http://news.bbc.co.uk/1/hi/7174760.stm

James

jef

iTrader: (13)

i agree

1 text saying 24 hours and it wil be re-advertised as you need it gone and hes not letting you know whats hppening

perfectly reasonable

even if somthig has happeneda quick email or text saying so takes 2 mins

carl555

iTrader: (7)

I don’t think anything bad has happened to him as in one text he said he was on the golf course and would get back to me – which he didn’t!

I’ll check again with the bank, but they informed me these types of transaction were fine.


For now, I’m more concerned with what’s right or wrong (or any legal implications) with selling or trading my car on while I’m waiting for any (well overdue) response from him.......

fivetide

iTrader: (1)

What's right and wrong depends on the terms you set out.

If you said non refundable deposit to be paid by and car to be collected by.... then he's lost his cash.

Beyond that, you could take some cash off him for messing you about, (two lots of advertising fees) and send the rest back to him.

It's all up to you really.

5t.

SamUK

iTrader: (1)

All deposits are usually non refundable...the reason to take a deposit is so that the buyer has committed to the purchase. If he fails to purchase in a greed time frame he looses the deposit..

Its only £250 - not the end of the world..if he is a dealer, he has more then likely found a better buy..

pslewis

But watch your Bank Account doesn't get nobbled!!

albob

bank details needed to do a 'bank transfer' are the same details that are on a paper cheque -- people don't have worries about giving someone cheque; why should they worry about giving the same details for a bank transfer ???!!!??

bustaMOVEs

iTrader: (31)

Nothing can be done with sort and acc number
They can only put money in, NOT take it out

Brun

I suggest you take a look at Jamo's link

GazTheHat

Winna winna chicken dinner.

carl555

iTrader: (7)

I won’t take the bank side of things lightly and I’ll deal with that by speaking to them again, I’m more concerned about any hassle and comeback on the deposit side of things.

My hunch is that he had a buyer lined up which may have fell through and now he’s leaving his options open as long as possible.


I’d even give him his deposit back if he would speak to me and let me know his intentions!


*So, is it agreed that this above is the case? That basically he hasn’t turned up in the agreed time and doesn’t seem to want to enter into any dialogue, so give him another message with chance to reply and then I’m free to do what I want regarding selling my car without comeback from him?*

Jamescsti

One more message then readvertise.

dukeoffenland

He might of sourced it for someone and dropped out

Gear Head

iTrader: (2)

I still don't see how they can take money out of your account with account number and sort code. There must be more to that Jezza story than is being reported.

47 NAT

That's more than likely the case. His customer hasn't committed and coughed up so in return he hasn't.

lordharding

iTrader: (1)

Ring him on a different number to see if he answers
Send recorded letter to his business adress saying collection within 48 hours or deposit is lost
Advertise car again as your £ 250 in profit
Very strange case
Why don't you post the dealers details up here in case someone knows of them


And check your bank statements as I would be concerned he has your name ,phone number and bank details and car registration number too

SamUK

iTrader: (1)

if i were selling a car, and a potential buyer was wasting my time like this..i would be VERY pi$$ed off not worried or scared..


after all I need to sell my car, and could be loosing potential buyers in the mean while...!

speedking

A deposit is not a down payment.