Newbie needs advice
Discussion
Hi all, been a bit of a plonker.
Thought I was buying a ford 100e off a guy on ebay, he told me to ring for more details.
Not being a regular ebayer. When he said he would deliver car to me so long as I paid delivery and deposit £400
I was thrilled. I foolishly transferred the money to his bank account.
Then had to keep ringing him to find out when he would deliver car, he came up with many excuses so in the end after a week, I said as it was obviously not able to deliver, was it easier if we stopped transaction, he agreed.
However he now refuses to refund my £400 blaming me for changing my mind.
I feel as if this had been the plan all along.
Does anyone have any info on my next step.
Thanks
Thought I was buying a ford 100e off a guy on ebay, he told me to ring for more details.
Not being a regular ebayer. When he said he would deliver car to me so long as I paid delivery and deposit £400
I was thrilled. I foolishly transferred the money to his bank account.
Then had to keep ringing him to find out when he would deliver car, he came up with many excuses so in the end after a week, I said as it was obviously not able to deliver, was it easier if we stopped transaction, he agreed.
However he now refuses to refund my £400 blaming me for changing my mind.
I feel as if this had been the plan all along.
Does anyone have any info on my next step.
Thanks
Either:
Chalk it up to experience and move on.
Or:
Write a letter giving the seller 28 days to return the deposit and make it clear that if he does not, you will take legal action.
Then take the guy to small claims court.
You'll need to prove that it was not reasonable for the seller to keep the deposit. For example, the contract was for the car and delivery. Seller could not deliver, so the seller is unable to fufill his side of the contract. You then amicably agreed not to continue.
Chalk it up to experience and move on.
Or:
Write a letter giving the seller 28 days to return the deposit and make it clear that if he does not, you will take legal action.
Then take the guy to small claims court.
You'll need to prove that it was not reasonable for the seller to keep the deposit. For example, the contract was for the car and delivery. Seller could not deliver, so the seller is unable to fufill his side of the contract. You then amicably agreed not to continue.
Edna71 said:
Contact by phone. Unfortunately.
The guy lives in Huddersfield me in somerset, hence the delivery option.
I thought he was just a private person, but on investigation he has at least 2accounts and sells cars all the time.
If you wish to take this further, then you need to extract the seller's address.The guy lives in Huddersfield me in somerset, hence the delivery option.
I thought he was just a private person, but on investigation he has at least 2accounts and sells cars all the time.
Ring about another car. Use a phone number the seller will not recognise. Arrange to visit to inspect the car, make sure it's at the seller's property.
Get an address from the V5.
Of course, if you're visiting the seller, you may as well buy the car. Then you'll have something in return for your deposit.
mikeveal said:
Either:
Chalk it up to experience and move on.
Or:
Write a letter giving the seller 28 days to return the deposit and make it clear that if he does not, you will take legal action.
Then take the guy to small claims court.
You'll need to prove that it was not reasonable for the seller to keep the deposit. For example, the contract was for the car and delivery. Seller could not deliver, so the seller is unable to fufill his side of the contract. You then amicably agreed not to continue.
Thanks for advise, trading standards told me the same, apparently under the distance selling regulations I am entitled to a full refund. The guy won't co-operate though. Chalk it up to experience and move on.
Or:
Write a letter giving the seller 28 days to return the deposit and make it clear that if he does not, you will take legal action.
Then take the guy to small claims court.
You'll need to prove that it was not reasonable for the seller to keep the deposit. For example, the contract was for the car and delivery. Seller could not deliver, so the seller is unable to fufill his side of the contract. You then amicably agreed not to continue.
Sorry Edna, DSRs do not apply to private sellers.
Yes, I know that he's selling cars all the time, but it sounds like he is doing it under the radar. If you want to use the DSRs, you'll have to first prove that he is a trader.
It may be simpler to prove breach of contract on his part. If you are hell bent on pursuing him, it may be wise** to go to small claims court with two reasons why you should get your money back.
a/ Breach of contract.
b/ DSR, with proof that the guy is acting as a trader.
I am not a lawyer.
Perhaps now would be a good time to move this thread to SPL, where a couple of guys will be able to give you a professionally qualified opinion.
Yes, I know that he's selling cars all the time, but it sounds like he is doing it under the radar. If you want to use the DSRs, you'll have to first prove that he is a trader.
It may be simpler to prove breach of contract on his part. If you are hell bent on pursuing him, it may be wise** to go to small claims court with two reasons why you should get your money back.
a/ Breach of contract.
b/ DSR, with proof that the guy is acting as a trader.
I am not a lawyer.
Perhaps now would be a good time to move this thread to SPL, where a couple of guys will be able to give you a professionally qualified opinion.
- I'm not suggesting that it's wise to pursue this guy.
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