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Has anyone tried suing someone re: ebay car sale?


sotal

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And if they don't you charge them for storage, and sue them for that as well!

The problem with all of these things is when you go to register under the small claims court you need to have the FULL address details of the buyer - now if you ask for contact details via ebay you don't get the full address details, and quite often what you get is complete BS. So then you go and ask ebay for the full address details as you wish to log a case with the small claims court - generally (twice now in my experience) your met with a wall of silence - apart from their desire to perhaps remove any bad feedback you may have received from the buyer (to which you are unable to respond under their daft new rules).

SO, basically, go for the final value credit and re advertise thru conventional methods or if you must use ebay insist all bids will be cancelled unless the bidder has come to see the car first - that way you can get more proof of their details because you will want to see their insurance - which will have their address on it because youwouldnt go to see a car without driving it would you? That way you get maximum exposure, and can qualify serious bidders in or out as appropriate.

Hope this helps you for the issue you have now, but don't worry long term as ebay as we know it will not be around imho within 5-10 years (they are trying to offload that magical purchase (Skype) for a fraction of the billions they paid for it, so assuming an average car ownership of 3-5 years - you may only have this pain another 2-3 times :lol: :lol:

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For what it's worth, i had a non-paying buyer similar to yourself.

When you do the "send an invoice" thing, you get the whole address postcode and all.

I sent him a very polite email suggesting that he paid, soon, and at the end put his name and full address and suggested we should discuss it person. No threats, no posturing or p***ing up the wall, just 'ball is in your court'.

Now, i'm not condoning taking things into your own hands, but he paid up and apologised for our 'misunderstanding'.

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My sympathies are entirely with you, but :

If you did take the buyer to court it would be easy to defend as ' the car was not as described '.

The sale on ebay is only binding if the description is correct.

The condition of a used car is always open to interpretation, especially if you haven't seen it.

There are no rules as to what - fair - good - reasonable - very good - few scratches - dents - etc. means.

I would guess you would be very unlikely to succeed unless your description was absolutely accurate.

Even so it may be accurate to you but completely 'inaccurate' to someone else.

When I last looked at ebay's terms it was only on your THIRD non buying winning bid that action was taken.

There are lots of people out there falsly describing things and lots of people who win and fail to pay.

I would try to forget about it and accept it is a common part of the 'ebay experience'.

Good luck with the re-listing.

Dave

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My sympathies are entirely with you, but :

If you did take the buyer to court it would be easy to defend as ' the car was not as described '.

The sale on ebay is only binding if the description is correct.

The condition of a used car is always open to interpretation, especially if you haven't seen it.

There are no rules as to what - fair - good - reasonable - very good - few scratches - dents - etc. means.

I would guess you would be very unlikely to succeed unless your description was absolutely accurate.

Even so it may be accurate to you but completely 'inaccurate' to someone else.

When I last looked at ebay's terms it was only on your THIRD non buying winning bid that action was taken.

There are lots of people out there falsly describing things and lots of people who win and fail to pay.

I would try to forget about it and accept it is a common part of the 'ebay experience'.

Good luck with the re-listing.

Dave

Apparantley you are wrong there, the sale itself is legally binding the misdescription has to be taken up seperatley with trading standards and something else (from what I have read - I'm no legal expert)

Anyway, to cut a long story short, up until today I had been very polite but was getting no response. I sent an email this morning explaining that he had cost me money and I was thinking about suing but would be happy to accept £50 as compensation for my losses - an hour later I had £50 sitting in my paypal account.

Bad news is I have no have to go through with the whole hassle again with another lot of bidders :rolleyes:

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For what it's worth, i had a non-paying buyer similar to yourself.

When you do the "send an invoice" thing, you get the whole address postcode and all.

I sent him a very polite email suggesting that he paid, soon, and at the end put his name and full address and suggested we should discuss it person. No threats, no posturing or p***ing up the wall, just 'ball is in your court'.

Now, i'm not condoning taking things into your own hands, but he paid up and apologised for our 'misunderstanding'.

the only thing is if you go to speak tp the the police take it as harrasment. guy i used to play football with went round to get an item he bought and the guy called the police-he just knocked on the door!

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Order him a Pizza on Friday night

A taxi on Saturday morning - about 6am should do it

On sunday call a few double glazing and window blind firms and book him a few appointments

Then on Monday while he's at work, arrange for a dirty big skip to be dropped on his drive.

:rolleyes:

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now this is one is really naughty, kept for people who really p me off. Get a sunday paper, such as screws of the world. In the back pages, where they advertise those leather pants with sticky out (in) bits, put his name down for them! Explain in the letter that on weekends he likes to be called a womans name and that he feels trapped inside a mans body. The carp does not stop coming through the door! not always in a brown envolope either! Dont ask me how I know! Much more satisfying than one negative feedback too.

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Order him a Pizza on Friday night

A taxi on Saturday morning - about 6am should do it

On sunday call a few double glazing and window blind firms and book him a few appointments

Then on Monday while he's at work, arrange for a dirty big skip to be dropped on his drive.

:rolleyes:

Couldn't do the pizza/taxi as it's punishing the pizza/taxi company as it's only them it will cost - but double glazing is another matter as they are always pestering me. I had a call at five to ten at night a few nights ago from SafeStyle :angry:

now this is one is really naughty, kept for people who really p me off. Get a sunday paper, such as screws of the world. In the back pages, where they advertise those leather pants with sticky out (in) bits, put his name down for them! Explain in the letter that on weekends he likes to be called a womans name and that he feels trapped inside a mans body. The carp does not stop coming through the door! not always in a brown envolope either! Dont ask me how I know! Much more satisfying than one negative feedback too.

That's just wierd, and I really don't want to ask any question :huh::lol:

Car now relisted on ebay, I found out I could get the listing fee back if I wait until the dispute is fully over (can't even start a dispute for 7 days) but you only get the listing fee back if it sells successfully the second time.

Fingers crossed I don't get another time waster

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Couldn't do the pizza/taxi as it's punishing the pizza/taxi company as it's only them it will cost - but double glazing is another matter as they are always pestering me. I had a call at five to ten at night a few nights ago from SafeStyle :angry:

That's just wierd, and I really don't want to ask any question :huh::lol:

Car now relisted on ebay, I found out I could get the listing fee back if I wait until the dispute is fully over (can't even start a dispute for 7 days) but you only get the listing fee back if it sells successfully the second time.

Fingers crossed I don't get another time waster

good luck ! -

FWIW I agree ref taxi & pizza, but double glazing & kitchens salesmen - they are the scum of the earth anyway.

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I sent an email this morning explaining that he had cost me money and I was thinking about suing but would be happy to accept £50 as compensation for my losses - an hour later I had £50 sitting in my paypal account.
I found out I could get the listing fee back if I wait until the dispute is fully over (can't even start a dispute for 7 days) but you only get the listing fee back if it sells successfully the second time.

Fingers crossed I don't get another time waster

So that now sounds like obtaining money by deception. You told the guy that you had incurred losses which you now suggest to us is not the case - or will not be the case if you get the listing fee returned?

It does not bother me, but it sounds like a case of double standards.

Chris

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now this is one is really naughty, kept for people who really p me off. Get a sunday paper, such as screws of the world. In the back pages, where they advertise those leather pants with sticky out (in) bits, put his name down for them! Explain in the letter that on weekends he likes to be called a womans name and that he feels trapped inside a mans body. The carp does not stop coming through the door! not always in a brown envolope either! Dont ask me how I know! Much more satisfying than one negative feedback too.

Class! :lol: :lol:

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Order him a Pizza on Friday night

A taxi on Saturday morning - about 6am should do it

On sunday call a few double glazing and window blind firms and book him a few appointments

Then on Monday while he's at work, arrange for a dirty big skip to be dropped on his drive.

:rolleyes:

A few years ago a guy ordered a load of logs to be delivered on a sat morn. When I turnded up at the address the woman did not know anything about it and said she was fed up with Funeral Directors, Double Glazing, Pizza, etc, etc calling at her home.

Strangely and very fortunately the guy who placed the order had left the message on our answerphone, so I went back to the office, called the woman and played the message to her, the guy had a distinct way when he pronounced 'S', it was like a little whistle. She knew straight away who it was, her ex husband.

She gave me his address and the next night I went to his house, a bloke opened the door and I confirmed he was the name she gave me, I said 'you owe me £40 for a load of logs' he denied it obviously but after 5 minutes I had £40 in my hand plus I still had the load of logs and the woman had no more hassle. The morale of the story is, if you are going to do this kind of thing cover your tracks well.

With regard to small claims court, first of all you need to know the person you are taking to court actually has some money if you get the CCJ in your favour (which you might not).

Secondly, unless you have plenty spare time to waste when they mess you around forget it. I have won judgement against a women two years ago and received nothing and never will. The bill has gone from £450 to over £800 due to court fees + interest. She has a brand new car, nice house with the trimmings yet she owns nothing, its all on HP or in someone else's name. She has turned up at court once and that was to tell a load of lies about her personal circumstances which cannot be questioned by the court, I have been to court 5 times plus I am out of pocket even more due to paying the court fees. Baliffs are a waste of time.

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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 :angry:

That reminds me - I've still got that Freestyle alloy in my garage that I picked up for you ages ago and paid £25 for on you behalf... :P

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So that now sounds like obtaining money by deception. You told the guy that you had incurred losses which you now suggest to us is not the case - or will not be the case if you get the listing fee returned?

It does not bother me, but it sounds like a case of double standards.

Chris

I didn't get the credit - as I don't have time to wait 7 days, so I am still out of pocket - The £50 he agreed to pay was for losses and time wasted.

That reminds me - I've still got that Freestyle alloy in my garage that I picked up for you ages ago and paid £25 for on you behalf... :P

Oops :blush:

You're right I had forgotten all about that. I no longer have the Disco but would you like some payment? Drop me a PM and we'll sort something out ;)

Sotal

A note of reason this place isn't here for a witch hunt against a non paying ebay person

please refrain from using it as such.

you've asked for opinions

you've got them.

now you can decide your course of action.

Please can you explain that comment :huh: . I'm not aware I started a Witch Hunt.

I asked for advice, I took the advice in post #14 by landmannnn, I choose not to sue but to offer them an alternative. I decided my course of action and returned here to inform everyone that it was successful.

Not sure where you have got the witch hunt from?

Thanks again everyone for the help ;)

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but double glazing is another matter as they are always pestering me. I had a call at five to ten at night a few nights ago from SafeStyle.

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

Incase you forgot.

the rest isn't for a debate on here.

PM me if you want to discuss it any further.

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Oops :blush:

You're right I had forgotten all about that. I no longer have the Disco but would you like some payment? Drop me a PM and we'll sort something out ;)

If it's no use to you any more I'll just hang on to it - it's the same as the wheels on my truck, so I've got a spare if I trash one.

:)

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If it's no use to you any more I'll just hang on to it - it's the same as the wheels on my truck, so I've got a spare if I trash one.

:)

That's very good of you mate, how about I make a forum donation to ease my guilty conscience?

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I bought and paid via paypal for a set of wheels, the guy said he could deliver for £20, also paid.

after a few weeks with no response and no answering of the phone, I happened to be nearby,

the guy **** himself when I stood on his doorstep,

I got the wheels and £20 back, I was tempted to leave him with a need for dental work, but decided not to.

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