Buyer threatening civil court!!

frivolous_fay

dhan wrote:

He has not bought the car, he came to view the car at my home address but never spoke to me.Text me 2 hours later.He has not made a payment.
He has not responded to me personally but via a dispute through Ebay.

What kind of dispute? It's a mistake to ignore ebay disputes - you should respond to it factually at least once.

Hintza

You really should describe the car properly in the first instance. I am not surprised the buyer is a bit angry. Never skimp on a description as you will now realise it leads to problems like this. If in doubt mention it.

Having said all that he hasn't paid so he has not lost any money. I think you should just learn from the experience and offer a mutual cancellation and move on.

When you relist it now just mention the dent and add a photo. Good luck.

Oh one other tip add your potential buyer questions to your listing it helps everyone in the long run.

smartie1976

He has nothing to take to civil court.
He hasn't made a purchase.

If he bought insurance in advance (you said something about insurance) then he is an idiot. You gave plenty of opportunities for him to come and view before purchase, non of which he took up.
And lets be honest, surely he couldn't have expected a pristine new-out-of-the-box car for £420?

He is trying it on.
if he has accused you of being faudulent and deceptive (and you have evidence in e-mail or whatever), then he has slandered you, which you CAN have him for that.

dhan

smartie1976 wrote:

He has nothing to take to civil court.
He hasn't made a purchase.

If he bought insurance in advance (you said something about insurance) then he is an idiot. You gave plenty of opportunities for him to come and view before purchase, non of which he took up.
And lets be honest, surely he couldn't have expected a pristine new-out-of-the-box car for £420?

He is trying it on.
if he has accused you of being faudulent and deceptive (and you have evidence in e-mail or whatever), then he has slandered you, which you CAN have him for that.

Thats exactly how I feel.I was thinking of making a claim against him for slandering me.I cannot be bothered doing that though.However as my car remains unsold and to save me relisting , have I got any ground to actually insist that he completes the agreement ie pay for the car and consequently collect the car? Or is it just better to find another buyer and forget all about him?

frivolous_fay

He's not going to pay for it, so there's really no point trying to make him.

You can report him as a non-paying bidder, though.

Hintza

frivolous_fay wrote:

He's not going to pay for it, so there's really no point trying to make him.

You can report him as a non-paying bidder, though.

I really don't think you can, you can easily argue the item is not as described.

This really is a case for damage limitation all round and move on.

frivolous_fay

Hintza wrote:

I really don't think you can, you can easily argue the item is not as described.

Well... fair or not, the seller has that option.

Buyer can't very well claim Item Not as Described when he hasn't even paid for it.

I accept that the flaw in the car should have been mentioned and there is fault on both sides. Buyer's only real option is small claims, seller has ebay's dispute processes on his side.

zorber

There is nothing the Buyer can do as he has not paid for the item.
You dont have to pay his traveling costs any how and all insurance has a cooling off period in which you can cancel. File a NPB report ebay will not be interested in any dispute as it has not been paid for.
£400 for a car i would expect to be quite old and in poor shape, scratches etc.
what was this item list number i am interested to see the aution.

smsmasters

He can't do jack. Just wait for ebay to reimburse your listing fees. Problem solved.

dhan

Hintza wrote:

You really should describe the car properly in the first instance. I am not surprised the buyer is a bit angry. Never skimp on a description as you will now realise it leads to problems like this. If in doubt mention it.

Having said all that he hasn't paid so he has not lost any money. I think you should just learn from the experience and offer a mutual cancellation and move on.

When you relist it now just mention the dent and add a photo. Good luck.

Oh one other tip add your potential buyer questions to your listing it helps everyone in the long run.

How do I actually offer mutual cancellation if the buyer is not willing to do so?
do i just respond to the dispute and let him know that Im prepared to offer mutual cancellation although he has threatened to take me to court and wants reimbursement? I just want to make sure im doing the right thing?
Thanks