Buyer bought a bus, paid in cash, drove it then brought it back

melancholly

jr666 wrote:

Thats a pretty sick comment to make.

make that *very* sick and entirely unecessary.

code-a-holic

Well....thank you all for the replies!!
One post was a little un necasary - but we'll ignore that and carry on!
All a bit mad really isnt it.....it will end - one day!
Legally he dosnt have a leg to stand on - its getting that through to him thats the isue now! A solicitor willl write a leter for us,

I dont believe it has been mentioned here, but have found a intersting bit of law!
If anything is bought by auction - all other laws are crossed out and there is no coming back. So if i described on a auction (ebay for eg) that something was new and a buyer see's it definatly isnt, then its tough luck. No matter what the description said the auction is legally binding and no returns or refunds apply.

Everyones posts have been so helpful throughout the saga - hopefully we will have a ending soon!

gldkg

I wish you the best of luck! Please keep us updated!

Sam

tigermatt

code-a-holic wrote:

Well....thank you all for the replies!!
One post was a little un necasary - but we'll ignore that and carry on!
All a bit mad really isnt it.....it will end - one day!
Legally he dosnt have a leg to stand on - its getting that through to him thats the isue now! A solicitor willl write a leter for us,

I dont believe it has been mentioned here, but have found a intersting bit of law!
If anything is bought by auction - all other laws are crossed out and there is no coming back. So if i described on a auction (ebay for eg) that something was new and a buyer see's it definatly isnt, then its tough luck. No matter what the description said the auction is legally binding and no returns or refunds apply.

Everyones posts have been so helpful throughout the saga - hopefully we will have a ending soon!

Have you got a link to that law? It would be interesting to look at and read

GabbaGabbaHey

code-a-holic wrote:

I dont believe it has been mentioned here, but have found a intersting bit of law!
If anything is bought by auction - all other laws are crossed out and there is no coming back.

Are you sure that eBay constitutes an "auction" for legal purposes?

They are quite careful on the "About eBay" page http://pages.ebay.co.uk/aboutebay/thecompany/companyoverview.html to refer to themselves as an "online marketplace" offering a "global trading platform".

Although we (and, at times, eBay themselves) tend to refer colloquially to eBay as an "auction" site, I really don't think that it counts as one for legislative reasons, and nor does it confer the seller immunity available at traditional "going, going, gone" auctions.

IANAL

rdwarr

melancholly wrote:

make that *very* sick and entirely unecessary.

Not the first time this user has caused offence without provocation. Post was reported.

fireuptheband

Just finishing reading this entire thread - wow!

Hope you get it sorted in the end.

HGLTsuperstar

Keep the updates coming, and if I were you I'd enter into no further correspondance with the buyer, sale was completed so end of story.

seekaywun

Ebay is an auction for legal purposes the same as any other auction, so for a private seller/buyer it has exactly the same consequences as an auction anywhere else. When the item is sold by a private individual, as in this case and not as a business transaction, it is sold, end of story. The buyers only recourse in this instance would be via ebay for "not as described"

Ebay only acts as a trading forum when it comes to sellers transacting as business sellers on a buy it now item. In this instance the buyer has exactly the same protections (to cancel etc )offered by the distance selling regs as they would if they were buying from any UK internet site.

If you are thinking about the small claims route this link gives some information about how to pursue etc Although to be honest unless you think he owes you money I am not sure on what basis you would raise an action? I would let him take you to court (if he dares!) and you defend the action. You mention the buyer is Scots? the small claims limit in Scotland (unless the situation has changed in the past 2 weeks..which is highly unlikely) is only £750.. so if the buyer wants to sue you for over £750 he is faced with either a very expensive summary cause action OR alternatively to raise the claim in England/Wales. I feel it woudl be unlikely he would do this BUT he does sound like a bit of a nutter though so I would be prepared for him anyway and take some preparatory steps.. photos.. print off any emails he sent you and you sent him, witnesses? might be an idea to take a copy of your ad too?

http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm

Been reading this thread with some interest, hope it sorts itself out soon. As the innocent party in all this you should have nothing to fear however I would go have a wee chat with your local police and let them know the situation. If nothing else they may give you some good advice and don't forget it's always handy to have spoken to some official as often they have to put something on record about the conversation. Additionally CAB can give helpful information but they also keep a record about meetings with clients and the matters on which advice is given etc. If the worst comes to the worst and it ends up in the small claims you will have it on record that on x date you asked advice from police etc etc..

zorber

code-a-holic wrote:

HAve recieved a leter from the buyer by registerd mail. Enclosing the invoices from the garage. It failed the MOT. Electrical light problems failed it. And sharp areas from damage - well he crashed it, of course there would be!! Im very suspicious that he tampered with the lights. (the 20 min drive that took him hrs) Anyway. He claims the bus was told after goods being not as described (was sold with a MOT). He wants to be reimbursed £1907 . £810 he originaly paid for it and the rest is garage costs and his travel. Or he wants to take it to court.
Im confused now - nevr went out to decieve anyway now he's made out we have. BEcause of the mOT results can he win a court case. Who's to say he didnt make the faults himself .....and how to proove it!

Well hang on a minute he has bought the item with an mot till july so why would another MOT need doing until the first one runs out. Any how as for sending bills for his property for you to pay is unbelievable cheak (would you like to pay my morgage by the way :rotfl: )
No the garage should sson chase him for payment after all the property is registered in his name. He crashed it into a bridge he caused the damage, I just hope you have before and after photos. I would reply back to the buyer and thank him for removing his property and send the bills back to him to pay, they are in his name therefore his responsibility. He proably doesnt have a hgv licence or insurance and obviously no tax either so he sould get done for no tax soon enough as he would be lying if he state it is sorn-ed.
Inform the local police that you think he crashed it into a bridge after buying it off you and hint now at no licence or insurance they can check!!. Then ignore him and his letters it is his word against yours and he cannot prove any thing as you have all the photos. What can he take you to court for he abandoned the bus and he cant sign it back to you with out you signature.
Just leave it now he hasnt a leg to stand on with any court action and he cannot claim his travel back.
What you should find happens is that he doesnt pay the garage fees and they will scrap it to cover the costs.

But it would be worth taking every thing to the police and documenting the case to cover your back. You never know they may chrage him with no insurance.

Good luck this has been one heck of a intresting thread

:j