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Buyer threatening civil court!!

13

Comments

  • vickym
    vickym Posts: 686 Forumite
    What you need to do is go back into the dispute console and on the left hand side should be the option to close the dispute - this will then bring you to another page and choose the option which says something like we have mutually agreed not to proceed with the transaction - then ebay email the buyer and he has 7 days approx to reply if he doesnt reply ebay will close the dispute and refund you final value sale fees. If he does reply then you will have to take it from there, but I am sure that he will just want to close the sale so that he doesnt get a non payer strike against him.

    By the way if you do want him to get a non payer strike against him then dont close the dispute mutually, but I would suggest that you just close this transaction asap so that you dont get more rude emails from him.

    Hope this has been of help
    best wishes and let us know how you get on

    Vicky
    Remember is nice to be important but more important to be nice

  • dhan
    dhan Posts: 106 Forumite
    Thanks Vicky

    Ille do that and see what happens.I will let you all know how I get on.

    Dhan
    Berba
  • Lantik
    Lantik Posts: 80 Forumite
    Report him as a none paying bidder...
    Claim your fees back...
    Relist the car and sell it someone who isn't so petty.

    I had a similiar experience with a guy I sold a motorbike to earlier this year... what a complete timewasting muppet he was

    Good luck.
    Stephen

    "You are not your bank account, You are not the clothes you wear, You are not the contents of your wallet"
  • COOLTRIKERCHICK
    COOLTRIKERCHICK Posts: 10,510 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    i allways list things with every little mark or default so in the end the items sounds really bad.... but it just covers everything.....so in my opinion... its allways best to put every little default in the listing..

    also.. did you say you had no contact with the guy until the text .. saying that he had visited and seen the car 2 hrs previous ? if this is the case how the hell could he insure the car without any details.. car reg etc :confused:

    i would just let it fizzle out.. as i think this guy could just be full of wind.... as at the end of the day its going to cost him money to try and claim these so called expenses...
    its all well and good him telling ebay.. but this is a civil matter.. between buyer and seller ( or not buyer in this case

    dont play to him.... say nothing.... dont reply to emails etc... block him from bidding on your items ..and move on....

    how many feedback has this person got....?..... are they good or bad ?...

    i sometimes find that newbies are very stroppy and think that they know everything....

    also dont let this person put you off selling on ebay either....as lets be truthfull you find them everywhere...
    Work to live= not live to work
  • Bamber19
    Bamber19 Posts: 2,264 Forumite
    contract law doesn't state that payment must come before delivery. So the advice being banded about about this guys inability to "do anything" due to a lack of him paying should not be 100% followed. The facts are that a contract exists, neither party has delivered on their side of the contract and arguably the condition of the car is material to the transaction.
    Bought, not Brought
  • culpepper
    culpepper Posts: 4,076 Forumite
    Its a bit strong to say neither party has delivered on their side of the contract. The OP was willing to sell the car, this bidder just wants to make money out of him without spending any himself.
    He certainly shouldn't have to give this bidder any kind of reimbursement as the bidder hasn't given him payment . The bidder should have inspected first as was advised in the listing. It's his own fault for not using his brain. Was he expecting his bus fares to be paid for picking up the car if he had finished the transaction? He sounds like a bully to me.
  • greeneye
    greeneye Posts: 801 Forumite
    If you haven't already done a buyer and seller mutually agree not to proceed with the transaction - I WOULD BE CAUTIOUS.
    If he doesn't agree which by the sounds of things he won't, you will not get your fees back and he will be able to leave you feedback.

    If you file a non paying bidder, you'll get your fees back and his feedback will not affect your feedback score.
    He has no way to prove that he paid but possibly his photos could come into play for item not as described, but I doubt it.
    Ebay would like to keep your fees if they can but without prove of payment they can't.

    Depends on your moral stance I expect you'd probably win a non paying bidder claim but sounds like you did misdescribe your item. If it was me I'd do nothing and forget about it but I'm always avoiding confrantation ;+)
  • cabra1
    cabra1 Posts: 300 Forumite
    he won your car,he never paid for it

    He is a non paying bidder and as such
    you can claim your fees back and move on
    not forgetting to put him on your blocked bidders
    list.

    As regards getting your fees back and
    seeing an end to all this,so you can move
    on and go about reselling your car

    Forget the mutual agreement to end this,
    go with the non paying bidder
    What he will do to stall this is to
    endlessly reply to your dispute
    to slow things down.
    Just reply with `bidders comments noted`
    He wont find much to comment on that.
    wait seven days and then claim your fees
    go for the one that leaves the bidder
    with an unpaid strike against him.If he gets
    two more ebay will throw him off permanantly
    it could even be that he may already have
    one or two unpaid strikes against him.

    If he leaves bad feedback dont respond until
    you have had your funds refunded from ebay
    then leave him this....

    complete timewaster & non paying bidder,
    FVF fees refunded by ebay for this sale

    it will put all future sellers off him and have
    them adding him to thier blocked bidders lists
    and cancelling his bid.When ever I see feedback
    like that on any of my auctions I just block them.

    No matter how he wants to dress it up
    he cannot claim anything,ebay will
    just ignore his emails by sending him
    automated replies to keep him off
    their backs until he gets fed up
    and stops emailing them with daft
    accusations.Once your fees are refunded
    block his email address,so you dont have
    any more dealings with him.You do get
    people like this but thankfully its rare
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    I can not believe the advice people are giving here.

    THE ITEM WAS NOT AS DESCRIBED

    I assume seller made an error and didn't realise the perceived importance the buyer put on the omission. The buyer is now hacked off, wasting time and money travelling to see thde car to discover it was not as advertised. Now the buyers reaction might be over the top but the best thing is to close this whole episode in as timely a fashion as possible and move on.
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    Hintza wrote:
    I can not believe the advice people are giving here.

    THE ITEM WAS NOT AS DESCRIBED

    I assume seller made an error and didn't realise the perceived importance the buyer put on the omission. The buyer is now hacked off, wasting time and money travelling to see thde car to discover it was not as advertised. Now the buyers reaction might be over the top but the best thing is to close this whole episode in as timely a fashion as possible and move on.

    Yes, the item was poorly described, but buyers were encouraged to view, and who'd commit to buy a car without seeing it first?

    Whatever the fault of it, OP is entitled to lodge a dispute. Whether he chooses to do so is up to him.

    We're not giving bad advice; just advising of the options open to him. Unfortunately for the buyer, on paper he's the one in the wrong.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
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