Misrepresented Caravan

Jennifer_debuse

I recently purchased a caravan on ebay to the value of £870 -and paid via Paypal. The caravan was described as a five berth - quite a critical attribute for our family.

However upon arrriving at the caravan - we could only find four berths - one double bed and two single bunk beds. Even the handbook stated that it the caravan was a four berth. In addition the seller had previously bought the caravan on ebay where it was listed as a four berth. All of this documentation was in the caravan.

I feel that we have had the caravan mispresented to us - but what do we do now. Should I make a complaint to ebay or take the small claims court route?
I tried to reason with the chap but he says:

'I have in no way set out to misrepresent the caravan to you but if you feel i have then you have to do what you have to do.i decribed it in good faith in the auction as i remembered it to be.'

We really need a caravan as we are using it as a place to live in between selling our property and buying another. We would appreciate any ideas!

Thanks,

Jenni Debuse

soolin

Well, I'm trying to stay entirely within the rules of what is allowed and what is not here...

Did you take the caravan away, or did you refuse it. If you refused it then chargeback against your paypal payment for item not received. I'm sure that isn't breaking rules as you have not received the caravan. Technically you bought a 5 berth caravan, if that has not been supplied then I can't see that you have received the item you bid for.

If you have accepted the caravan then all you can do is send a recorded delivery letter to the seller rejecting it as it is misdescribed, then put in a claim to paypal for item not as described.

I'm hoping you backed the paypal payment via a credit card as that gives you a full back position as well.

Soo

Hintza

Just to follow on I presume you went to inspect it before parting with the cash? Or paid cash on delivery?

If you went to see it and paid then in my view it really is like buying a car "bought as seen".

For more help you really need to tell us what you have done re payments, inspection etc.

soolin

Hintza, the OP said she paid by paypal and I assumed from that that she paid before she viewed the caravan.

Soo

Hintza

soolin wrote:

Hintza, the OP said she paid by paypal and I assumed from that that she paid before she viewed the caravan.

Soo

Oooppps....Scanning again.....:o

jasons_2

You could always start a Paypal chargeback....

Unfair (for the buyer) as you would probably win it as he wont be able to provide tracking info as proof of delivery......

J

appleblossom

the description says its 2 double beds and 1 single, it is therefore totally different to what it actually is if you are saying it's one double and 2 sets of bunks. I would have checked it over before you took it tbh, but besides that, you have not rec'd what you bought so I would do a chargeback through paypal.(he actually says this about the sleeping arrangements "hiya,double bed at front,double at back with single bunk above. cheers jack." keep us updated.

bleugh

erm..........shouldn't we be asking for more information here before allowing another potential kev629 incident, though where the buyer rips off the seller

please don't suggest to file a chargeback for non-delivery, that's a bit nasty, and too soon into things, there simply isn't enough information yet to give someone ideas about getting free items

soolin

bleugh, in this instance we can only go by what the OP is telling us in that the handbook with the caravan also refers to a 4 berth and not a 5 berth as advertised.

Either the caravan is an entirely deifferent one to that advertised or we would have to assume the OP is telling porkies, which is quite an assumption. The OP clearly says that the caravan had one double and one set of bunk beds, that isn't 5 berth.

To clarify maybe we should ask the OP to go back to the seller and ask quite specifically where the 5 berths are, ie physically point them out ?

Soo

apprentice_tycoon

To me the thing that stands out a mile is the part in the opening post where the seller says that he didn't set out to misrepresent but he described it as he remembered it to be - this sounds like he hasn't really had a proper look at his caravan and is 'assuming' that it's 5 berth which sounds a bit like guesswork which seems like a funny way to sell something to me

soolin

Good point AT, it is the kind of phrase that suggests the seller isn't actually 100% sure the description was right.

Soo