averyp2

iTrader: (25)

Guys, need some help, suggestions etc to help me out following a mis-sold Subaru purchase.

Long story short I spotted a type r with 2.1 stroker kit for £6.5k on autotrader and after several calls, texts etc with the seller I decided to leave a holding deposit of £200 so he would hold the car a couple of weeks until I got a loan through. The deposit was made via paypal ( not as a gift) and was titled refundable deposit for Subaru impreza type r.

After 3 weeks the loan came through and I travelled 120miles to go see/pick up the car. Again, keeping this as short as possible when I got there it didn't have the simtek as advertised, rather had had a ecutek map, the bodywork which I was told over the phone was a1 condition was crap, with rust, scratches and lacquer peel all over. It was apparently running 400bhp on a vf28.

I was not impressed and immediately refused to pay the 6.5k that was agreed based on the information he had provided, instead offering 5.5k which he wouldn't take, so I walked away.

Now, I have a paper copy of the original advert which has now expired, the new one now states ecutek and no simtek as previous.

I filed a claim with paypal and he didn't reply for weeks. I claimed that the car was mis-represented and that my paypal payment was titled as refundable. However tonight at 7:33 I get an email from paypal to say he has submitted a response (which I cannot view), and then only 5 mins later I get an email from paypal to say my case was unsuccessful and I wouldn't be getting a refund! 5 minutes! And not even a reason for the decision!

I'm going to call paypal tomorrow to find out quite why he has got away with my money when it was his error.

Anyone been in this situation before or can offer any advice?
I know its risky leaving a deposit without viewing but that's why I used paypal, marked as a refundable deposit and kept the advert. So angry right now

Thanks in advance

Paul

midcheshirewindscreens

iTrader: (2)

Hi Paul
I can't help you mate but I have lost out with paypal before & think it's wrong the way it works.

acstua

iTrader: (1)

ive been fecked over by them like this, but different circumstances
sold a game to a bloke etc and he claimed he never got it and got his money back straight away
when i looked at the t&c i sent the item via normal 1st class as asked and had proof of postage which was all i needed.
they still settled in his favour within minutes w/o even talking to me about it :|

madmerlin

iTrader: (14)

All i will say guys is... if you wish to recoup your money work the system

you all have paypal accounts - Talk to each other.... nuf said!

yellowevo

iTrader: (25)

I had the same thing happen me,paypal favoured the dodgy seller and claimed that they dont cover if it is related to a car sale,also my credit card company sided with paypal saying that I had went into an agreement with paypal and the rules are clearly stated.

wrx fifer

iTrader: (34)

even if you send something recorded, insured up the *** to be singed for all that crap at top price and you get proof if signature for the buyer signing for it!!!
all they have to say is that was not them that signed for it must have been someone else.
and you still get screwed NOTHING YOU CAN DO!! been there done that!!

Mikej857

Have to say I've been shafted by paypal a couple of times, the last time I purchased something that stated full 12 month warranty and within a week of fitting it failed so made a dispute claim and even though the ad said full warranty and the seller aknowledged he needed to send a replacment but just didnt bother paypal found in his favour and I lost out so all this guarentee bullsh**t they offer aint worth a thing, even after calling them they were just not bothered.

fastmike

iTrader: (4)

I find it difficult to believe an adult would blame Paypal because he didnt view the car before leaving a deposit...... in this day of dodgey f*ckers .
Grow up , wipe your chin and learn from it

bigsinky

hey fastmike....say what you mean there LOL

MOTORS S GT

iTrader: (2)

I can't believe you still offered £5500 for what sounds like in your words a bag of ****, i think a £200 loss is a lucky escape.

averyp2

iTrader: (25)

To be fair the engine was worth £3000 alone so I thought if I saved a grand I could sort the paint issues. The seller came across as very genuine, I had his mobile, home number and address and he seemed confident in how he described the car. The car was 120 miles/3 hours from me so its not like I could pop down to see easily. I thought paypal would be a good way of safeguarding my deposit, judging by the replies it would seem not

Berks-Jack

iTrader: (10)

Well if you've got all his details and a copy of the original advert and you can trace your deposit through paypal you've got 2 choices. Go to the police, or go and knock on his door.

Depends on how much you want your £200 back.

averyp2

iTrader: (25)

Would the police entertain something like this? I was thinking perhaps small claims court etc but then you risk losing even more money on costs if it goes pear shaped!

Thanks for the replies

Jonny_

it would be a matter for the small claims court, not the police. Last time i heard it cost around £80 to file a claim with the court which if you win you can claim back

Gear Head

iTrader: (2)

Why did you send money to a person you didn't know for a car that you had never seen?
If £200 is all you lost, you've done well.
Never, ever do that sort of thing again.
There are always other cars out there. I doubt he would have sold it in the 3 weeks you had to wait for your loan to come through anyway, especially in this climate.

averyp2

iTrader: (25)

Like I said I had all his details, went on google earth to check and the pics were outside the address he had given me. I thought that paypal would safeguard me in the event that the car wasn't as advertised, which I can prove wasn't. Even titled the payment as refunable deposit. Will pop down to my local citizens advice centre to see what they can recommend I think

Terminator X

iTrader: (7)

TBH fella why are you leaving a deposit (£200 too!) on a car that you haven't even seen ... just imho. Fair enough when you've seen it of course.

TX.

Ryan@Indigo-GT

iTrader: (4)

From a legal point of view, if he's misrepresented his car in the original advert and you have evidence of this then by keeping your deposit he has at best committed fraud and at worst obtained funds through deception so there are definitely legal avenues you can follow but it all depends on how much you want your money back, it's not going to be soon going the courts route.

The other thing to look at is if the funds to your PayPal account came from your bank account or credit card, if they're from your credit there options there you can follow.

Jonny_

did you ask him at the time for the deposit back or wait til you got home ?

ALi-B

iTrader: (1)

I have to echo that...especially when diddling about over a three week period. I know if i was selling a car I wouldn't even dream of being left waiting for three weeks whilst a total stranger who has never even seen the car messes around trying to find some money to buy it.

But having said that, I wouldn't have accepted a deposit, or if I did I'd have refunded it, less the advertising and time fees (of course).

Whilst the seller is obviously in the wrong here, I have to say the buyer's conduct is naive at best.