Paid a £ Deposit via Bank Transfer - Seller Now Wants More

[neutral 3]

Hi all, any advice on this one please ?
We paid a deposit, via bank transfer, of £250 on November 2nd, for a fairly scarce, classic car body panel ( a left front wing ) to the seller, after we had agreed a price of £725. This was via Face Ache messenger and I have saved our messages.
The panel is some considerable distance away and we agreed that it would be collected in December and the balance paid in cash on collection.
The seller has a matching pair of front wings, but we can only buy the left one ATM.

A couple of nights ago, I saw an advert for a right hand front wing on Flea bay, but the photo is of the left wing that we paid the deposit for. The advert stated “ that the one he was selling is identical “ .
I watched the “ bidding “ end last night @ £940 odd.

Lo and behold, as I expected, I get a face book message this morning saying words to the effect of “ sold the other wing for £940, you will have to pay me the extra £ as the buyer of the other wing will have it. “

I politely replied that “ Sorry, we agreed a price, paid you a deposit and the wing is ours “

Any advice ?
Breadvan

Edited by neutral 3 on Friday 13th November 12:30

[TheDrownedApe]

Sorry OP but you know the answer.

Life sucks, pay the excess or ask for the deposit back (although i suspect that might be challenging too).

[Taylor James]

It will be interesting to see how they reply. You appear to have a contract. If the other party is in breach, which they aren't yet, the real question is likely to be what can you do about it. Thinking ahead, do they have an online/real world reputation they will want to protect?

[Dinoboy]

I'd just get him to send your deposit back.
He obviously wants to now sell it to the other guy and get more cash. I wouldn't waste my time, he could just say he's dropped it or something next.

Edited by Dinoboy on Friday 13th November 12:55

[neutral 3]

Taylor James said:

It will be interesting to see how they reply. You appear to have a contract. If the other party is in breach, which they aren't yet, the real question is likely to be what can you do about it. Thinking ahead, do they have an online/real world reputation they will want to protect?

My thoughts too re “ We have a Contract together “

I could indeed, screen shot the messages / e bay advert etc and put them up on the Face ache page, for all to see and comment on, but we need that panel.

[Taylor James]

neutral 3 said:

Taylor James said:

It will be interesting to see how they reply. You appear to have a contract. If the other party is in breach, which they aren't yet, the real question is likely to be what can you do about it. Thinking ahead, do they have an online/real world reputation they will want to protect?

My thoughts too re “ We have a Contract together “

I could indeed, screen shot the messages / e bay advert etc and put them up on the Face ache page, for all to see and comment on, but we need that panel.

If the panel is that important and you have the extra £215, pay it and plan any revenge at your leisure. I'm sure there'll be a way you can inconvenience the seller at some point in the future.

[Muzzer79]

neutral 3 said:

Taylor James said:

It will be interesting to see how they reply. You appear to have a contract. If the other party is in breach, which they aren't yet, the real question is likely to be what can you do about it. Thinking ahead, do they have an online/real world reputation they will want to protect?

My thoughts too re “ We have a Contract together “

I could indeed, screen shot the messages / e bay advert etc and put them up on the Face ache page, for all to see and comment on, but we need that panel.

You may well have a 'contract'

But if the other party won't acknowledge it, are you willing to engage legal professionals to enforce it, for the sake of a car part?

Unfortunately, the most likely best advice is to just get your deposit back.

[Matt_E_Mulsion]

You're wasting your time trying to reason with someone who is prepared to do that across you.

The best outcome is for you to get your deposit back and chalk it up to experience.

[Durzel]

Dinoboy said:

I'd just get him to send your deposit back.
He obviously wants to now sell it to the other guy and get more cash. I wouldn't waste my time, he could just say he's dropped it or something next.

Edited by Dinoboy on Friday 13th November 12:55

I agree with this.

Since you just sent money via bank transfer you’ll be lucky if he even does that.

[mackay45]

I'd just ask for your money back and be ready to buy / collect swiftly next time a set come up for sale, no faffing with deposits / waiting over a month for collection (could have asked seller to package securely and arranged a courier?).

[neutral 3]

Thanks for the replies, much appreciated.
So glad that amongst the scuz out there, there are genuine sellers.

This character has just replied to us saying “ It’s not for sale any more, send your details and il refund you “

At this stage, we really do not feel like backing down, the panel is scarce / hard to find, but we do agree re the potential aggro and that it’s going to cost £££ to persue it.

[Dinoboy]

neutral 3 said:

Thanks for the replies, much appreciated.
So glad that amongst the scuz out there, there are genuine sellers.

This character has just replied to us saying “ It’s not for sale any more, send your details and il refund you “

At this stage, we really do not feel like backing down, the panel is scarce / hard to find, but we do agree re the potential aggro and that it’s going to cost £££ to persue it.

In other words he's sold it to the other guy.

[Jazoli]

Dinoboy said:

neutral 3 said:

Thanks for the replies, much appreciated.
So glad that amongst the scuz out there, there are genuine sellers.

This character has just replied to us saying “ It’s not for sale any more, send your details and il refund you “

At this stage, we really do not feel like backing down, the panel is scarce / hard to find, but we do agree re the potential aggro and that it’s going to cost £££ to persue it.

In other words he's sold it to the other guy.

Yup, just take the refund and be happy you got your money back, there is nothing you can do now.

[AJL308]

TheDrownedApe said:

Sorry OP but you know the answer.

Life sucks, pay the excess or ask for the deposit back (although i suspect that might be challenging too).

Nope. If the Ebay agreement amounts to a contract of sale then it's his to purchase by paying the balance.

[AJL308]

Muzzer79 said:

You may well have a 'contract'

But if the other party won't acknowledge it, are you willing to engage legal professionals to enforce it, for the sake of a car part?

Unfortunately, the most likely best advice is to just get your deposit back.

Why engage professionals? County Court proceedings can be done online. If he sells it from under the person he has a contract with then it is perfectly within the rights of the innocent party to source an identical part elsewhere and send the person in breech a demand for the balance of any increased cost his actions have caused, surely?

[AJL308]

neutral 3 said:

Thanks for the replies, much appreciated.
So glad that amongst the scuz out there, there are genuine sellers.

This character has just replied to us saying “ It’s not for sale any more, send your details and il refund you “

At this stage, we really do not feel like backing down, the panel is scarce / hard to find, but we do agree re the potential aggro and that it’s going to cost £££ to persue it.

Court fee is 80 quid or something. Gets added to his debt. I would!

[scoey1001]

You're out of luck here, yes its st but nothing you can do except move on. Had this happen to me a few times and can only hope they get messed around the same in future.

edit: although reading above you may have some recourse if you can be bothered with all the hassle. Did he give a reason other than 'it's not for sale anymore'?

[anonymous-user]

Taylor James said:

It will be interesting to see how they reply. You appear to have a contract. If the other party is in breach, which they aren't yet, the real question is likely to be what can you do about it. Thinking ahead, do they have an online/real world reputation they will want to protect?

The OP does not "appear" to have a contract. The OP has a contract. The seller is in anticipatory breach of that contract.

OP, if the panel is almost unique, you could in theory obtain an order for specific performance of the contract. In reality, your remedy is the additional cost if any of buying a wing elsewhere.

Say to the seller -

We made a binding and legally enforceable agreement. You have indicated your intention not to be bound by that agreement and have therefore breached the agreement. I call on you to perform the agreement. If you do not, I will consider mitigating my loss by making a new contract with you to buy the wing at the increased price, but in that event I would immediately sue you for the additional cost, as damages for your breach of of our first contract. I have taken legal advice, and suggest that you do likewise.

[TheDrownedApe]

AJL308 said:

Nope. If the Ebay agreement amounts to a contract of sale then it's his to purchase by paying the balance.

Ebay? The way i understood his purchase, it was via FB

[4rephill]

Breadvan72 said:

Taylor James said:

It will be interesting to see how they reply. You appear to have a contract. If the other party is in breach, which they aren't yet, the real question is likely to be what can you do about it. Thinking ahead, do they have an online/real world reputation they will want to protect?

The OP does not "appear" to have a contract. The OP has a contract. The seller is in anticipatory breach of that contract.

OP, if the panel is almost unique, you could in theory obtain an order for specific performance of the contract. In reality, your remedy is the additional cost if any of buying a wing elsewhere.

Say to the seller -

We made a binding and legally enforceable agreement. You have indicated your intention not to be bound by that agreement and have therefore breached the agreement. I call on you to perform the agreement. If you do not, I will consider mitigating my loss by making a new contract with you to buy the wing at the increased price, but in that event I would immediately sue you for the additional cost, as damages for your breach of of our first contract. I have taken legal advice, and suggest that you do likewise......

As always with these things, the question has to be: Is it worth the OP's time, effort and stress to deal with this unscrupulous seller any further?

In an ideal World, in every case like this, the answer would be "yes!", but sadly, it's all too often not worth the aggravation, and so the seller gets away with it.

It will be interesting to see what the OP decides.