Urgent Help Please

lovetohorde

Sorry if this is the wrong forum

*******

Hi guys really hope someone can help...

I paid a £150 deposit for a car friday evening from my nationwide account to a abbey national account (sellers account) and it was all agreed he was keeping the car etc job done. He emailed me tonight....

Hi russ, not had your deposit money yet but when i do get it I am going to have to return it to you straight away as I am going to have to keep the car now. I cannot get finance to buy another car as my credit rating is very low. I know you will be gutted but there is nothing I can do about it. really sorry mate, was looking forward to meeting you too. dont know what to say, I did try but its not possible. !!!!ed off big time !!!!! let me have your bank details and I can put it in when I get it. sorry sorry sorry. david.

My worries, are he advertised as selling the car because he couldnt drive it due to back problems and because he had already bought 2 other cars and this car was no longer needed... yet in this email he goes totally against what was originally advertised.

I have emailed him stating to refund tomorrow asap but not heard a peep off him since.

I have contacted my bank nationwide who state that the money should clear into their account in the morning and that I can try and ring at 0900 tomorrow and see if it can be reversed but they dont fancy my chances.

Is there anything that can be done?

I really do have my doubts over whether this chap is legit as his story has changed drastically.

I paid over internet banking with my flexaccount (cashcard account - not a visa or mastercard account just basic cashcard).

Please help

laney85

Hmmm why the deposit if you was going to collect the car anyhows ,

lovetohorde

laney85 wrote: »

Hmmm why the deposit if you was going to collect the car anyhows ,

Deposit was to take the car off the market and keep it for me to pick up in a fortnight...

Tarja

Do you still want the car?

Or are you concerned about getting the money returned?

Do you have anything in writing?

lovetohorde

Tarja wrote: »

Do you still want the car?

Or are you concerned about getting the money returned?

Do you have anything in writing?

I want the car but as you can see from email he is now pulling out. All I have in writing is the reference I put the bill payment as, which was... Fto Deposit and a email titled deposit recieved and the fact that he has mentioned in above email that deposit was agreed and paid.

Tarja

I'll need to do some checking, but it seems there is a valid contract and he can't just pull out of the contract now.

He offered the car for sale, you accepted, you gave consideration = Contract.

However, nothing in life operates as simply as textbook law.

Is this a private sale?

lovetohorde

Tarja wrote: »

I'll need to do some checking, but it seems there is a valid contract and he can't just pull out of the contract now.

He offered the car for sale, you accepted, you gave consideration = Contract.

However, nothing in life operates as simply as textbook law.

Is this a private sale?

Yes thats right mate it was a private sell. I am a member on the fto owners club and he has 2 x adverts for his car but seems to be going against the reason behind him selling the car in the email above (i.e. bad back and already got a car, or so says the original advert)

Tarja

Did brief research into this.

There appears to be evidence of a contract here, and as such he cannot cancel it now.

If you have the adverts still and proof of deposit to him (bank statements etc are v good evidence) you can enforce performance of the contract via 'an order for specific performance.' This requires the trader to fulfill the requirements of the order issued by the court.

Gather all Evidence. Reciepts and Adverts. Keep a record/log of negotiations and outcome. Dates and times. When you negotiate with the seller now it is wise to have a witness with you who can testify to what was said.


It is advisable to try to negotiate with the seller firstly, if this fails, then before seeking action in the courts, take some advice about adding the court costs that you incur

jd87

Tarja wrote: »

There appears to be evidence of a contract here, and as such he cannot cancel it now.

Oh please. I really don't think it's necessary to waste the courts' time with this kind of thing. If the seller is genuine and is definitely offering a refund then the OP should take it and put it down to bad luck. The seller might have their reasons and there are other cars out there.

lovetohorde

jd87 wrote: »

Oh please. I really don't think it's necessary to waste the courts' time with this kind of thing. If the seller is genuine and is definitely offering a refund then the OP should take it and put it down to bad luck. The seller might have their reasons and there are other cars out there.

Guys, if he wants to pull out then as much as this has pi55ed me off I will take it on the chin... my reason for posting was to query what route am I able to go down if he fails to return the deposit?

I have had another member on the owners club say that he got stitched up like this last month with exactly the same story and reasoning for pulling out of the sale, so I am very worried about this.

Firefox1975

Go and pick your deposit up in cash?

find a rep closer to where he lives that can go and pick up the cash?

use paypal?