car not as described -part paid with credit card/paypal

want2bmortgage3

my friend bought a car which was a classified ad on ebay, he paid a £500 deposit via credit card/paypal, under the 'goods' section, and in the description mentioning that this payment was for a specific item listed on ebay.

we collected the car at the weekend and paid the remaining £1500 in cash. 5 mins after driving it away the fan belt snapped and warning lights came on, stopped asap in a service station and it was steaming.

as we were only a few miles from the seller we went back in my car and complained there was a problem with the vehicle but the seller became very hostile and would not come and look at the car or offer a refund, even threatended us with violence.

luckily my friends girlfriend has RAC cover so they came out and found the crank pulley was damaged which caused the belt to snap as well as the alternator being broken, had to wait 5 hours for a tow truck to take us home.

the car is now in a local garage but its obviously going to cost a bit to repair. just wondering what can we do seeing as the car was not as described, but the ad was classified and not an auction or buy it now? is it worth putting in a dispute on paypal for the £500 deposit? any thing else we can do??

cyberbob

As it was a classified add the car is pretty much sold as seen. They as far as ebay and paypal are concerned are the same as a classified in a newspaper.

eBay wrote:

Exclusions from eBay Buyer Protection

eBay Buyer Protection doesn’t cover services and certain categories of goods, false, abusive or illegitimate claims, or purchases where you have been or may be compensated by another third party. The following purchases are excluded:

items that violate our Prohibited or Restricted Items Policy;

intangible goods;

custom made items;

airline flight tickets;

eBay classified style listings;

items prohibited or restricted by eBay;

licences;

access to digital content,

http://pages.ebay.co.uk/help/policies/buyer-protection.html

As far as paypal are concerned it then counts as an off ebay sale. You cannot claim for an item not as described for an off ebay sale all you can claim for is item not received

savemoney

I am not expert but I would have thought only coming back is with £500 via Paypal

If they were a trader you might have some comeback on small claims court assuming you can prove above

The_Pedant

The key points here are whether it was a private or trade sale, and what the advert actually said.

If it's a private sale then it's more or less a case of buyer beware. The main protection is that the goods must be as described. As an example, you could sell something as 'x years old', irrespective of whether it worked. The onus is on the buyer to ask any pertinent questions before deciding whether to buy. If any action was taken, then the key question may be how the goods were described. If the goods do not match that description I believe they could be rejected. You may also have to consider whether you were just simply unlucky in the timing of the failure.

If it's a business sale, then you have the additional rights to expect an item to be fit for purpose, and of suitable quality (given the price paid & age).

See the links below for the sections on private sales:-
http://www.which.co.uk/advice/your-rights-buying-second-hand-cars/second-hand-cars-your-rights/index.jsp
http://www.which.co.uk/advice/your-rights-buying-second-hand-cars/how-to-complain-about-second-hand-cars/index.jsp

want2bmortgage3

the seller was a small business dealing in commercial vehicles and based on a farm. only had 1 feedback on ebay as all his ads are classified. is it possible then to do a chargeback? if so what are valid reasons that the credit card company would accept? i know its mentioned that paypal dont accept chargebacks but in the past i'm pretty sure somebody did a chargeback against me (a scammer) so i know it can be done?! appreciate the replies!!!

OlliesDad

want2bmortgage3 wrote: »

the seller was a small business dealing in commercial vehicles and based on a farm. only had 1 feedback on ebay as all his ads are classified. is it possible then to do a chargeback? if so what are valid reasons that the credit card company would accept? i know its mentioned that paypal dont accept chargebacks but in the past i'm pretty sure somebody did a chargeback against me (a scammer) so i know it can be done?! appreciate the replies!!!

You won't be able to claim through the credit card. Their has to be a direct link between the CC comnpany and the retailer, but as Paypal were used, their is no direct link.

With regards to paypal, they don't cover vehicles. It looks like it will have to be through the small claims court instead.

cyberbob

want2bmortgage3 wrote: »

the seller was a small business dealing in commercial vehicles and based on a farm. only had 1 feedback on ebay as all his ads are classified. is it possible then to do a chargeback? if so what are valid reasons that the credit card company would accept? i know its mentioned that paypal dont accept chargebacks but in the past i'm pretty sure somebody did a chargeback against me (a scammer) so i know it can be done?! appreciate the replies!!!

As I said above you can't claim via paypal as it was a clasiffied add. You paid through paypal so as far as your CC company is concerned its not a direct transaction so you wont be covered

Probably the chargeback done against you was through an auction or Buy it now listing not a classified. There are different conditions for those.