Discussion
My son has been saving up all year for a Motocross bike after his last one was nicked earlier in the year. It's his 15th birthday in 2 weeks so I'd agreed to top up what he'd saved so far.
He eventually found a bike on PistonHeads that he wanted and persuaded me to put a deposit on it (private sale). I was a bit wary as the bloke wouldn't take Paypal - it was a bank transfer and he'd sent his address so I figured it was traceable. He also agreed to bring the bike to us for an extra £20 which we paid too and stated if we didn't want it he'd give the deposit back in cash.
Yesterday the bloke got back to my son and claims due to bad experiences in the past he's not prepared to meet us in person any longer and is going to sell the bike to friends unless we pay another £80.
I wasn't prepared to take the risk on this and asked for the deposit back. Bear in mind I don't have the bike and haven't even seen it plus he's giving us no way of completing the deal without taking the risk of paying him more money.
He claims he's legally entitled to keep the deposit and that's what he's doing and there's nothing we can do about it. He seems pretty confident about this even though it's clearly a scam. There have been a lot of emails at this point.
Anyone know what the real position is?
He eventually found a bike on PistonHeads that he wanted and persuaded me to put a deposit on it (private sale). I was a bit wary as the bloke wouldn't take Paypal - it was a bank transfer and he'd sent his address so I figured it was traceable. He also agreed to bring the bike to us for an extra £20 which we paid too and stated if we didn't want it he'd give the deposit back in cash.
Yesterday the bloke got back to my son and claims due to bad experiences in the past he's not prepared to meet us in person any longer and is going to sell the bike to friends unless we pay another £80.
I wasn't prepared to take the risk on this and asked for the deposit back. Bear in mind I don't have the bike and haven't even seen it plus he's giving us no way of completing the deal without taking the risk of paying him more money.
He claims he's legally entitled to keep the deposit and that's what he's doing and there's nothing we can do about it. He seems pretty confident about this even though it's clearly a scam. There have been a lot of emails at this point.
Anyone know what the real position is?
I thought a deposit or part of the deposit could only be kept to cover any losses that the seller can prove he has incurred by accepting your offer and removing the vehicle from sale.
The fact that he is going to sell it onto friends and has renaged on his original deal means that no contract exits between you regarding the sale and you should be entitled to all of your deposit back.
It sounds as though you have him prety well sewn up if what you state can be backed up by emails as well if it gets funny.
And the fact that you also have his address if you feel like a visit.
The fact that he is going to sell it onto friends and has renaged on his original deal means that no contract exits between you regarding the sale and you should be entitled to all of your deposit back.
It sounds as though you have him prety well sewn up if what you state can be backed up by emails as well if it gets funny.
And the fact that you also have his address if you feel like a visit.
Cheers folks,
If the address and name he gave me aren't valid but I have his bank account details, can I still take this through small claims. I get the feeling part of the reason he's so cocky is that he gave dodgy contact details - last thing he said by email was that I was welcome to try small claims but it won't get that far.
If the address and name he gave me aren't valid but I have his bank account details, can I still take this through small claims. I get the feeling part of the reason he's so cocky is that he gave dodgy contact details - last thing he said by email was that I was welcome to try small claims but it won't get that far.
Bystander33 said:
Cheers folks,
If the address and name he gave me aren't valid but I have his bank account details, can I still take this through small claims. I get the feeling part of the reason he's so cocky is that he gave dodgy contact details - last thing he said by email was that I was welcome to try small claims but it won't get that far.
can you post any cryptic details of him on here? advert or anything, might be able to have a lookIf the address and name he gave me aren't valid but I have his bank account details, can I still take this through small claims. I get the feeling part of the reason he's so cocky is that he gave dodgy contact details - last thing he said by email was that I was welcome to try small claims but it won't get that far.
also do you know the sortcode of the bank? just out of interest, will say which bank it is with. i don't think that wuold go against any forum rules
Edited by cmackay81 on Friday 1st October 11:53
will_ said:
Plotloss said:
Issue small claims.
He doesn't have a chance.
This.He doesn't have a chance.
He's breaking the deal, so the deposit is refundable.
End of.
and he is liable for any costs you incur finding a replacement, see the other recent thread on here that went badly for the OP who was in the reverse situation
Cheers,
I already contact PH Admin and they recommended the Police and said they'd help. Advised me to report any listings we found from him again. Already done that.
His listing is down - it's been withdrawn by PH.
Do have his sort code obviously, and have checked it online, his branch is in a city about 60 miles from his address.
I already contact PH Admin and they recommended the Police and said they'd help. Advised me to report any listings we found from him again. Already done that.
His listing is down - it's been withdrawn by PH.
Do have his sort code obviously, and have checked it online, his branch is in a city about 60 miles from his address.
dont worry about the sort code/address distance. my sort code is the bank where i first opened an account, stayed with the same bank for year s but moved all around the country.
I hope this works out in your favour, scum like this deserve taking through the courts and the punishment that ensues. I suspect once the wheels are in motion he will pay up, at a guess he is probably hoping that you wil lthink £80 is not worth the hassle and give up.
I hope this works out in your favour, scum like this deserve taking through the courts and the punishment that ensues. I suspect once the wheels are in motion he will pay up, at a guess he is probably hoping that you wil lthink £80 is not worth the hassle and give up.
Bystander33 said:
Cheers,
I already contact PH Admin and they recommended the Police and said they'd help. Advised me to report any listings we found from him again. Already done that.
His listing is down - it's been withdrawn by PH.
Do have his sort code obviously, and have checked it online, his branch is in a city about 60 miles from his address.
could you tell me which bank it is?I already contact PH Admin and they recommended the Police and said they'd help. Advised me to report any listings we found from him again. Already done that.
His listing is down - it's been withdrawn by PH.
Do have his sort code obviously, and have checked it online, his branch is in a city about 60 miles from his address.
Jump in the car, take the cash with you, if you like the bike - buy it... He has to meet you to hand over the bike no???
He may be thinking the same as you, that having taken a fairly small deposit, he'll turn up, you'll try and barter him down further and he'll lose money on the sale, petrol and his time!?
Can you speak to the guy on the phone?
He may be thinking the same as you, that having taken a fairly small deposit, he'll turn up, you'll try and barter him down further and he'll lose money on the sale, petrol and his time!?
Can you speak to the guy on the phone?
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