Help!! eBay buyer threatening court action

ess0two

If the teeth were off the belt it would slip and more than likely throw the timing out,so would'nt start at all.

Do these engines have clearance when the valves drop,so the pistons dont come into contact?

Ignore the idle threats or tell him to return it.

sharnad

POPPYOSCAR wrote: »

You seem to think it is cut and dried but the courts do not work like that.

No solicitor would go to court telling their client that they will definitely win or definitely lose.

You obviously have not been to court before - I have and it is not a nice experience and not to be undertaken lightly.

Most of the time they want the parties to reach an amicable solution.

They may well ask for 'expert witness' reports on the condition of the car. Are you prepared to pay for these, costs that you may or may not get back?

I thought the small claims court liked people to do everything that they could before they take it to court. As a Snad had not been raised yet and buyer went straight to neg feedback the small claims court might ask the buyer to go back to eBay before they look at it

funkymonkey66

Aren't private sales "sold as seen" if you want some sort of warranty on one you buy from a garage surely!

Taadaa

Caveat emptor applies ie buyer beware. This case is not that straight forward l think, because it being described as well maintained. We only have the seller's word that the cambelt conversation took place.

POPPYOSCAR

sharnad wrote: »

I thought the small claims court liked people to do everything that they could before they take it to court. As a Snad had not been raised yet and buyer went straight to neg feedback the small claims court might ask the buyer to go back to eBay before they look at it

Yes they do, but in my experience they just want to find a compromise.

I doubt very much that the court would be interested in the feedback system of ebay!

It also depends on whoever is sitting at the time how they view it.

I wish I could find the thread about the caravan sold on ebay, it would show people just how unfair the courts can be at times.

lawrie28

I would at least be asking for some kind of proof about the state of the cam belt - I would ask for a short video showing the reg of the car and panning into the engine bay, so it can be clearly visible that the cam belt (which will still be on the car, as he would have had no reason to remove it and if he has removed it, then he can replace a cam belt himself so offer him £30 for a new belt) is worn, followed by the engine being turned over so that the rattling noise can be heard.

If he does this he is genuine. if he doesn't then he is trying a fast one.

First thing you ask for in these situations is some kind of proof!

Another choice is to drive to his address (which you have from the V5) with a couple of bulky friends (so you are not intimidated) and a mechanic (everyone knows someone who is a mechanic) and you check it out for yourselves.

POPPYOSCAR

lawrie28 wrote: »

I would at least be asking for some kind of proof about the state of the cam belt - I would ask for a short video showing the reg of the car and panning into the engine bay, so it can be clearly visible that the cam belt (which will still be on the car, as he would have had no reason to remove it and if he has removed it, then he can replace a cam belt himself so offer him £30 for a new belt) is worn, followed by the engine being turned over so that the rattling noise can be heard.

If he does this he is genuine. if he doesn't then he is trying a fast one.

First thing you ask for in these situations is some kind of proof!

Another choice is to drive to his address (which you have from the V5) with a couple of bulky friends (so you are not intimidated) and a mechanic (everyone knows someone who is a mechanic) and you check it out for yourselves.

Well the only mechanics I know would want to be paid for their time!

Is it really worth all the hassle for little more than the scrap value of the car?

lawrie28

POPPYOSCAR wrote: »

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Well the only mechanics I know would want to be paid for their time!

Is it really worth all the hassle for little more than the scrap value of the car?

Maybe not, but start by asking for the video as some kind of proof, cos he could easily be trying a fast one.

techspec

funkymonkey66 wrote: »

Aren't private sales "sold as seen" if you want some sort of warranty on one you buy from a garage surely!

Mostly - yes.

But if you KNOWINGLY was to sell an unroadworthy car, and not tell the buyer - then it does get more complicated than that. Off course - thats not what happened here.

If the buyer stripped the car engine - i would say hes messed with the item - and may have caused the damage himself. Its like me buying a computer, stripping it down - and then moaning it won't go back together.

As cam belts can go at any time - and are covered up in the car - i would say its unreasonable to expect the seller knew it would go.

In future though - i would recommend saying "there are 10 stamps in the service book" - its not open to as much misinterpretation as 'well maintained" is.

utab007

Thanks for all your advice on this matter. No papers through yet, so it does look like he is bluffing.

I have registered a complaint with eBay as I believe this is harassment and even after I warned him he continued. But not sure eBay will do much about it. I was also thinking I should report this to the police. What do you think?