Deposit woes - Do I keep it or give it back?

[anonymous-user]

A quick one PH.

I sell car on eBay, I state that there is a non refundable deposit of £100 to be paid, guy wins car on eBay and pays deposit (along with the rest of the balance). Guy then messes about with collecting the car for 4 weeks, and then goes silent for another 2 weeks during which time I make arrangements to keep the car and put it into storage (I.E, I have to sell another one of my projects at a loss).

The buyer suddenly comes out of the wood-work and says that he can collect next weekend. No Dice as far as I'm concerned, he's missed the collection date by a good 6 weeks and as such I've been forced to make other arrangements.

Am I unreasonable for wanting to keep his deposit?

I do understand that I am technically the one backing out of the sale, but only after the seller has spectacularly broken the terms he agreed to when bidding.

I mean, if I bought a car from you, paid a deposit and said I'd collect the next weekend, but disappeared only to turn up nearly 2 months later saying "Can I have the car now", would you keep the deposit?

And remember, I am quite significantly (to me) worse off financially due to him not collecting it within the specified time that he agreed to all of those months ago

Thoughts?

I want to play this "correctly".

Edited by Simps on Sunday 27th June 18:00

[GKP]

Refund the balance minus deposit for your expenses etc - seems reasonable.

[anonymous-user]

GKP said:

Refund the balance minus deposit for your expenses etc - seems reasonable.

This is what I've told him I'll do, but he has reeled out the "Unfair" card because he claims he can finally pick it up this weekend.

I can see the other point of view, but It stings me that I am the one that has had to pay for his messing about - I've had to sell a car that I intended on breaking at a loss because I needed the space in the lock up. I've also had to pay for insurance for the last month and a half, and incur the wrath of neighbours for taking up a valuable parking space with a car that doesn't run (They have threatened to have it towed )

Edited by Simps on Sunday 27th June 18:07

[marshalla]

What exactly did you agree when he paid the deposit ?

[anonymous-user]

marshalla said:

What exactly did you agree when he paid the deposit ?

To be fair, not an awful lot. This is what I mentioned in the ad:

"I will require a non refundable deposit of £100 within 24 hours of the end of the auction and full payment plus collection within 7 days of the the auction end"

[TomJS]

1) You should post this Q in SP&L not in GG.

2) Unless you state a date by which time the car must be picked up, you'll have to suck it up. He paid deposit + purchase price, just didn't pick up the car. Can you show where you said collect within 2 days or something similar?

[anonymous-user]

TomJS said:

1) You should post this Q in SP&L not in GG.

2) Unless you state a date by which time the car must be picked up, you'll have to suck it up. He paid deposit + purchase price, just didn't pick up the car. Can you show where you said collect within 2 days or something similar?

1) Thought so. Sorry

2) Above you!

[paddyhasneeds]

I agree "It's the principle" but in reality, is it really worth the hassle for a hundred quid?

[mrmr96]

If I read this right you've had all the money and been sat on the car for a while. Now the buyer wants it? How do you know nothing tragic has occured in his life to delay collection?

Why not just give him the car he's paid for?

IMO if you had to sell another project at a loss to keep hold of this car you'd sold then you should have offered the buyer money back or get the car NOW. Balls in his court. If you didn't do this then I think you should just give the man his car.

[anonymous-user]

paddyhasneeds said:

I agree "It's the principle" but in reality, is it really worth the hassle for a hundred quid?

I'm young and am currently paid peanuts - Hundred quid is a relatively large amount of money to me.

Don't get me wrong, I can pay it, but I'd rather not if I could avoid it.

[TomJS]

Simps said:

TomJS said:

1) You should post this Q in SP&L not in GG.

2) Unless you state a date by which time the car must be picked up, you'll have to suck it up. He paid deposit + purchase price, just didn't pick up the car. Can you show where you said collect within 2 days or something similar?

1) Thought so. Sorry

2) Above you!

Sorry posted whilst you posted. (18.09 vs 18.10)

It was accordingly a term of the contract that he collect within 7 days, a term which he has breached.

Where a term of the contract is breached, you potentially have the right to cancel the contract (rescind) or else seek damages as a result of that breach. Here you can seek damages commesurate to your loss.

You must have made attempts to mitigate your losses (keep them to a minimum) but other than that this is a fairly open and shut case it would appear.

As such, it's probably a small claim to the county court, or else he can collect the car on the basis that he pays your reasonable out of pocket expenses.

I'd write a letter (BY POST and email if you want, but definitely by post) setting out your agreement (pick up within 7 days) what he did (not pick up) and state the losses you incurred in full. I'd require him to pay these within 14 days.

[paddyhasneeds]

Simps said:

paddyhasneeds said:

I agree "It's the principle" but in reality, is it really worth the hassle for a hundred quid?

I'm young and am currently paid peanuts - Hundred quid is a relatively large amount of money to me.

Don't get me wrong, I can pay it, but I'd rather not if I could avoid it.

How much has it actually cost you?

If you're out of pocket than fair enough, if it's to teach him a lesson personally I think it's best avoided.

[hman]

If it was me I'd talk to a solicitor.

I'm a little perplexed as to why you put a car into storage which you dont own.

He paid you in full, but didnt collect - non?

Personally after he'd paid and then exceeded the colection terms I'd have called him up and told him his car is on the road outside the house and all fines etc will be sent to him.

I'll bet he wouldnt have left it 6 weeks then.

[TomJS]

hman said:

If it was me I'd talk to a solicitor.

On here for free perhaps, otherwise certainly not. It isn't going to take long at £150+ ph + vat for a solicitor to cost far far more than the claim is worth. A claim at this level will not see legal costs recoverable.

[saaby93]

Simps said:

A quick one PH.

I sell car on eBay, I state that there is a non refundable deposit of £100 to be paid, guy wins car on eBay and pays deposit (along with the rest of the balance).

Are you saying he's made full payment?

[anonymous-user]

paddyhasneeds said:

Simps said:

paddyhasneeds said:

I agree "It's the principle" but in reality, is it really worth the hassle for a hundred quid?

I'm young and am currently paid peanuts - Hundred quid is a relatively large amount of money to me.

Don't get me wrong, I can pay it, but I'd rather not if I could avoid it.

How much has it actually cost you?

If you're out of pocket than fair enough, if it's to teach him a lesson personally I think it's best avoided.

Not sure if I could claim this, but -

The loss from not breaking my BMW for parts - £200+ easily

"Storage" costs - Around £80, plus whatever a month and a half worth of tax is.

On a car that only sold for £500 in the end, it is a pretty major kick in the nuts. TBH, I'm Not massively arsed in claiming back any extra cash even if I could as I've already "written it off" in my mind. My handing back over that extra £100 certainly will sting. It'll also mean the difference between a "comfortable" month for me, and a tight one.

hman said:

I'm a little perplexed as to why you put a car into storage which you dont own.

It's been "stored" outside my house, on the road, insured since the end of the auction waiting for collection. My insurance policy on the car in question is due to run out, very, very soon. I suddenly made the decision that due to the fact that the buyer obviously wasn't going to come and collect anytime soon, that I'd keep the car, and as such I needed to sell the BMW in the lock up to provide storeage.

Of course, me selling the BMW isn't strictly speaking his fault, but indirectly it certainly was. If he collected with the 7 days as we had agreed, I wouldn't have needed the lock up space so urgently.

hman said:

He paid you in full, but didnt collect - non?

Correct .

[anonymous-user]

saaby93 said:

Simps said:

A quick one PH.

I sell car on eBay, I state that there is a non refundable deposit of £100 to be paid, guy wins car on eBay and pays deposit (along with the rest of the balance).

Are you saying he's made full payment?

Yes.

He made fuull payment within the specified 7 days, but not collection.

[saaby93]

I'd be letting him still have the car. You dont know what problems he's had either.
Ok you'll be slightly out of pocket but life's like that
If you do one good turn something may come your way later (or it may not)

See what anyone else says

ETA
Or does he not want the car now and just wants his money back- if so on same basis offer it all

Edited by saaby93 on Sunday 27th June 18:59

[NoNeed]

Say that after such significant amount of time, collection must be made within 24 hours or storage fees apply. i.e next weekend ain't good enough anymore.

[anonymous-user]

Ironically he really, REALLY wants the car now (quite right too, he got an absolute bargain).

Unfortunately he'll have to pry the keys and V5C from my cold, dead hands before I let him get it .