sotal Posted January 27, 2009 Share Posted January 27, 2009 As per the title really, has anyone tried suing a non-payer? I've just sold my car through ebay, winning bidder phoned me within half an hour to say he would pay a deposit by paypal and collect the car the following weekend. 24 hours later he drops me an email to say the sale of his car has fallen through and he won't be buying mine anymore. Ebay don't seem to care - I can't leave negative feedback as I'm a seller. I've done a 2nd chance offer - but had no response. I'm just sick of these time-wasters, I read about someone using moneyclaim.gov.uk to sue. It costs about £120 to claim which they add to the claim. They send a summons within 72 hours for the full amount + the fee. Apparantley 95% of people pay up and collect the good straight away. If I don't hear from him within 7 days then I choose a court, and a time and it goes to court. This bidder seemed quite good with 200 positive feedback, lives in an expensive looking house in a nice looking village etc etc. Anyone got any experience with this? Quote Link to comment Share on other sites More sharing options...
dirkthe1 Posted January 27, 2009 Share Posted January 27, 2009 i know there are firms which will take on your debts owed, pay you then sort out collection themselves-legitimatly i might add, but have never heard about ebay ones Quote Link to comment Share on other sites More sharing options...
white90 Posted January 27, 2009 Share Posted January 27, 2009 http://forums.lr4x4.com/index.php?showtopic=20054 Quote Link to comment Share on other sites More sharing options...
sotal Posted January 27, 2009 Author Share Posted January 27, 2009 Thanks Tony - some useful links there but I can't see anything which directly relates to ebay. Is an ebay sale really legally binding - I stated it was in the auction but I can't find anything definitive Quote Link to comment Share on other sites More sharing options...
white90 Posted January 27, 2009 Share Posted January 27, 2009 I'd put it down to experience and save yourself the stress. Quote Link to comment Share on other sites More sharing options...
custom-conversions Posted January 27, 2009 Share Posted January 27, 2009 Thanks Tony - some useful links there but I can't see anything which directly relates to ebay.Is an ebay sale really legally binding - I stated it was in the auction but I can't find anything definitive I don't think you can take them to court for failing to complete a transaction, well thats the conclusion I came to when I got messed around by a buyer. Quote Link to comment Share on other sites More sharing options...
sotal Posted January 27, 2009 Author Share Posted January 27, 2009 I'd put it down to experience and save yourself the stress. It's the second time I've had it so it's getting past the point of experience, and I've now got to list the car again - and pay again. It gets rather expensive and ebay don't give you the listing fee back! Quote Link to comment Share on other sites More sharing options...
sotal Posted January 27, 2009 Author Share Posted January 27, 2009 This was part of what I was reading but it has no referrences to any real documentation etc: http://reviews.ebay.co.uk/LEGAL-ADVICE-REG...000000001449898 Quote Link to comment Share on other sites More sharing options...
Tear it up Posted January 27, 2009 Share Posted January 27, 2009 CLICK This was on another thread the other day, different country, but still the same company. Quote Link to comment Share on other sites More sharing options...
TheRecklessEngineer Posted January 27, 2009 Share Posted January 27, 2009 I'd pursue through the small claims court system. If the buyer still fails to pay up, then sue them for the auction fees. Quote Link to comment Share on other sites More sharing options...
Jos Posted January 27, 2009 Share Posted January 27, 2009 A note of caution: getting judgment against someone is often a lot easier than getting the actual hard cash out of them. Double check that you do get your issue fee back - I believe that in the small claims court the issue fee used to be non recoverable (as were any other legal costs save in exceptional circumstances). The 'just' going to court and getting judgment can get to be quite drawn out if the other side mucks about (rings court and says they're ill on first day hearing is listed, second time has an accident on the way, third time court goes ahead with out them present and then they apply to set aside the judgement in absence...) IF you want to issue and see if they pay go for it - but if you're not then going to pursue it to court are you throwing good monay after bad? FWIW my view is never sue anyone unless you absolutely have to - litigation takes over people's lives - and there are almost always better things you could have done with the time. Jos Quote Link to comment Share on other sites More sharing options...
Daan Posted January 27, 2009 Share Posted January 27, 2009 Wast of time unfortunately. It happens on both sides, I was the winning bidder on a car once, and it looked I was going to get it, seller then miraculously had sold it elsewhere, yeah right. I also spend a 10er on a landrover wing which never turned up. Ebay pulled his account, but I never got the money back. Daan Quote Link to comment Share on other sites More sharing options...
Ruuman Posted January 27, 2009 Share Posted January 27, 2009 It's the second time I've had it so it's getting past the point of experience, and I've now got to list the car again - and pay again. It gets rather expensive and ebay don't give you the listing fee back! you should be able to get those back, just go via the non payment of item dispute console, may take a couple of weeks, but you should get it back. plus the buyer gets a strike against him. It's the only retaliation sellers have against dodgy buyers now negative feedback doesn't exist (which is bloody stupid) Quote Link to comment Share on other sites More sharing options...
landmannnn Posted January 27, 2009 Share Posted January 27, 2009 Have you tried a polite message to the "buyer" explaining what money it has cost you and perhaps asking for a contribution? If he is a genuine person with a nice house etc then he will be happy to cough up. Before I get derided - would you pay up in a similar situation? Quote Link to comment Share on other sites More sharing options...
sotal Posted January 27, 2009 Author Share Posted January 27, 2009 you should be able to get those back, just go via the non payment of item dispute console, may take a couple of weeks, but you should get it back. plus the buyer gets a strike against him. It's the only retaliation sellers have against dodgy buyers now negative feedback doesn't exist (which is bloody stupid) You get the Final Valuation Fee back but the £12 listing fee is lost forever. I think removing negative feedback is the most retarded thing they have ever done - buyers are immune and can get three strikes then sign up for a new account and then start again Have you tried a polite message to the "buyer" explaining what money it has cost you and perhaps asking for a contribution?If he is a genuine person with a nice house etc then he will be happy to cough up. Before I get derided - would you pay up in a similar situation? He isn't replying to any of my very polite messages - he's not answering his phone either. You ask if I would pay up in a similar situation. - I wouldn't get myself in that position, I would never bid on an item without funds to purchase the item. I don't really think he can't afford the £2k when according to the powers of google he had planning permission a couple of years ago for an extension and balcony to his large barn conversion I presume he found another car or changed his mind, or he's just an idiot Quote Link to comment Share on other sites More sharing options...
therealboss Posted January 27, 2009 Share Posted January 27, 2009 I seen a Disco advertised on here that was on Ebay, I mailed the seller and got his phone number. I rang him and was told just how much a bargain the car was and to cut a long story short, I clicked "Buy it Now" and paid a 50 Pound deposit. The Disco was in in the UK and as I'm in Ireland I had to buy a plane ticket and also book the car back on the ferry (total cost 300 pounds + the 50 deposit). Arrived at the sellers house and the bargain of the decade I had paid a deposit on turned out to be a load of junk, unroad worthy, very dirty inside and it stank to high heaven. Told the seller that I would not be buying it and ask for my deposit back as it was far from what how it was described to me. Then the icing on the cake, 24 Dec I get a mail from Ebay as I have been reported for non payment of item.... I never got my deposit back and Ebay told me it between me and the seller. Sometimes its not the buyer that's the problem, I'm sure I'm not the only one that has been caught out like this, but buyer be warned!!!!!!!!!! Quote Link to comment Share on other sites More sharing options...
FridgeFreezer Posted January 28, 2009 Share Posted January 28, 2009 eBay are a bit of a PITFA but an eBay sale is a legal contract and you can pursue it if you really want to. I've found PayPal to be much more helpful then eBay, although not so much use if you're selling not buying. Kick up with eBay, they have so much going on that he who shouts loudest gets the most attention. Quote Link to comment Share on other sites More sharing options...
jules Posted January 28, 2009 Share Posted January 28, 2009 I've sold loads on Ebay and from time to time this happens I sold the same 205GTI three times... before it was eventually collected IMHO looking at what house he has and what car he drives is just a bit shallow Quote Link to comment Share on other sites More sharing options...
Bowie69 Posted January 28, 2009 Share Posted January 28, 2009 I suppose you have to ask yourself what have you lost, and therefore what can you gain by suing the buyer -£12? maybe plus costs? Really not worth it IMHO. Quote Link to comment Share on other sites More sharing options...
88 Nick Posted January 28, 2009 Share Posted January 28, 2009 You have his phone number and know where he lives? hmmm.......he could be ordering a lot of Pizza!! Quote Link to comment Share on other sites More sharing options...
dirkthe1 Posted January 28, 2009 Share Posted January 28, 2009 eBay are a bit of a PITFA but an eBay sale is a legal contract and you can pursue it if you really want to. I've found PayPal to be much more helpful then eBay, although not so much use if you're selling not buying. Kick up with eBay, they have so much going on that he who shouts loudest gets the most attention. paypal arnt that good- my gf bought me an ipod touch for xmas "brand new never used" got parcel opened and scratched to buggery-no headphones! ebay were less then helpfull, the seller was like "sory sory sory..but i dont do refunds" paid through paypal, so took it up with them and initially thew would only give me about £125- i cant remember why. i believe its to do with the fact that it was a "small sum"-less then a grand and they dont want to know. eventually got it back after 6 or 7 phone calls. again, buyer beware, but more dont think that paypal care that much Quote Link to comment Share on other sites More sharing options...
sotal Posted January 28, 2009 Author Share Posted January 28, 2009 I suppose you have to ask yourself what have you lost, and therefore what can you gain by suing the buyer -£12? maybe plus costs? Really not worth it IMHO. Basically the suing forces the legally binding sale - so you get the full amount for the car and they have to come and take it away Quote Link to comment Share on other sites More sharing options...
rtbarton Posted January 28, 2009 Share Posted January 28, 2009 ........ and they have to come and take it away And if they don't you charge them for storage, and sue them for that as well! Quote Link to comment Share on other sites More sharing options...
jules Posted January 28, 2009 Share Posted January 28, 2009 hmmm.......he could be ordering a lot of Pizza!! That's just childish Quote Link to comment Share on other sites More sharing options...
FridgeFreezer Posted January 28, 2009 Share Posted January 28, 2009 You have his phone number and know where he lives? hmmm.......he could be ordering a lot of Pizza!! Or manure for his nice garden Quote Link to comment Share on other sites More sharing options...
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