Please Help! Ebay Seller Threatening Court Action - Urgent!

benjacksmum

I hope somebody can help as I am getting quite upset about this now. One week last Saturday night we bid on and won a car on Ebay as my old one has just about had it. We live in Halifax, West Yorkshire and the car we won was in Northampton, a long drive of 140 miles but we thought it would be worth it. I called the seller Saturday night to get directions and arranged to go down Sunday morning to pick the car up. We set off Sunday morning and got there around lunchtime, met the seller and his family and then went out to the car we had won the auction for. Everything looked to be just as we expected and then I wanted to listen to the engine, so still stood outside the car I put the keys in the ignition and started it up. The car fired up then immediately died and wouldn't restart. The seller tried and he couldn't start it either. We hung around for about 20 minutes whilst he was onto his breakdown service but by this time alarm bells were ringing in our heads. I am a nervous motorway driver as it is and even if we had got the car started, I'm not sure I would have trusted it another 140 miles up the motorway. Now the seller had put in his auction, quote "If you think this car have been misrepresented in this advert then you are free to walk away from the sale." As the car wasn't starting my husband explained that we didn't want to proceed and would take him up on his walk away option, to which the seller said "I understand, no problem". We thanked him for the nice cup of tea, shook hands and left putting it down to 'one of those things' despite the 280 mile round trip, £50 of wasted petrol, not to mention it taking most of our only day off together in the week.
During this last week we did get a message on the answerphone from him saying that the fitter who came out to the vehicle simply put it down to flooding the engine. I know that when the seller tried to start his engine, he was pumping the gas pedal but when I first tried it I wasn't even in the car when it cut out so I can't see how that would be a flooded engine.
We have now been getting emails threatening court action unless we pay for his car in full. He has also started an unpaid item dispute (which we did say we would do everything to co-operate and help him get his FVF back) but is now getting nasty and saying he wants an offer of payment for his 'additional expenses and loss of earnings' or else he will take us to court.

Please tell me what I can do. Is he allowed to do this?

I have since bought another car so I can't afford to buy his too.

Hintza

Just ignore him. Respond to his NPB with item not as described. You will get a strike against your account but that is it. If he takes it further (which he won't) you can point out his wording. Then leave him a negative feedback stating why you didn't buy and his harrasement. Then just ignore him!!

Moglex

Firstly, stop worrying.

It's highly unlikely that the seller will be stupid enough to undertake court action.

If you can't get a car started in 20 minutes there's obviously something wrong, even if it is only trivial and assuming he listed the car as 'going' your action in walking away was perfectly reasonable.

mclaren_2

he does not have a leg to stand on - i dont quite understand what he is taking you to court too - if its damage to his car, where is the proof you damaged it? his word against yours which will never stand up in a court of law.

Its a scare tactic - dont worry about it, he is trying to offload his piece of sh*t - it could be that he knew it was broken, and was trying to sellit, but the plan has backfired.....

dont worry, your ok

CHIHUAHUA

Totally agree he can't make you but the car - inform Ebay if he is harrassing you and don't get involved with anymore discussion with him.

durham_girl

Stand your ground! You are in the right, report him to ebay now!

syanide

what can the guy do? you didnt buy the car.. and ebay is not a legal and binding contract to buy the item.. tell the guy to go for a long walk as there is no hope you will buy a car that is 'not as advertised' and 'has mechanical problems that were not stated in the auction'. Also the first thing i would do is report the auction itself for the reasons i have stated in quotes above

chirpy007

He is bluffing you, i think some people get a bit carried away with Ebay and the rules. Who in their right mind is going to part wish cash for a car that wont even bloody start, the blokes just chancing his arm. Bluff him out and tell him you will counter claim for petrol and time for a wasted journey etc and "you'll see him in court " and then ignore him

benjacksmum

Chirpy, we have now indeed done exactly that and told him there will be no further response to this ridiculous claim. He did return a message on the dispute thread saying 'In that case I'll see you in court'. OH is laughing his head off at it, I get easily worried but am beginning to feel more confident with all of your replies proving what I originally thought that he cannot do anything, so I thank you all for that.

Will keep you all informed if this silly little man decides to do anything more.

Thanks once again for settling my mind.
Ang x

sindy_2

He's just trying to get money for nothing from you (wonder if hes a member here!)

Seriously though...he's talking out his A*S!.....just ignore him...he'll soon go away

chirpy007

benjacksmum wrote:

Chirpy, we have now indeed done exactly that and told him there will be no further response to this ridiculous claim. He did return a message on the dispute thread saying 'In that case I'll see you in court'. OH is laughing his head off at it, I get easily worried but am beginning to feel more confident with all of your replies proving what I originally thought that he cannot do anything, so I thank you all for that.

Will keep you all informed if this silly little man decides to do anything more.

Thanks once again for settling my mind.
Ang x

Glad you feeling better about things Ang.