Ebay buyer didn't pay - should I take to court?

Kite86

I recently sold my partner's car on Ebay, and the winning bid was just over £1000 (the second bid was close to this). However the buyer got in touch and said that he had bid on the wrong car by mistake as he thought it was a different model (despite the model being stated in the title + several clear pictures).

The insurance on the car was due to run out a few days after the auction ended so we were forced to sell to a trader for £850, losing out on around £150 extra which we would have got if the Ebay buyer hadn't bid, as it would have gone to the second highest bidder for £1000.

I rang Citizens' Advice who said the only way to get the money back would be to take the buyer to court, but they seemed to think this was a risky option as I would have to pay and I might not be able to get any money out of the buyer.

Does anyone have any experience of this? Would my best option be to take it to court or just let it go?

chemical.galaxy

Did you cancel the sale and get your FVF back?
To be honest I don't think you would stand a chance in court!

custardy

Kite86 wrote: »

I recently sold my partner's car on Ebay, and the winning bid was just over £1000 (the second bid was close to this). However the buyer got in touch and said that he had bid on the wrong car by mistake as he thought it was a different model (despite the model being stated in the title + several clear pictures).

The insurance on the car was due to run out a few days after the auction ended so we were forced to sell to a trader for £850, losing out on around £150 extra which we would have got if the Ebay buyer hadn't bid, as it would have gone to the second highest bidder for £1000.

I rang Citizens' Advice who said the only way to get the money back would be to take the buyer to court, but they seemed to think this was a risky option as I would have to pay and I might not be able to get any money out of the buyer.

Does anyone have any experience of this? Would my best option be to take it to court or just let it go?

so you didnt offer it to the 2nd highest bidder?

Kite86

Yes, I did get my FVF back from Ebay.

I did offer it to the second highest bidder (as well as to other bidders who had expressed an interest in buying the car, or who had viewed the car), but didn't get a response, and as I only had a few days to sell the car had no option but to sell to a trader.

The person I spoke to at Citizens Advice said that I did have the right to claim back the loss of £150 as it was due to breach of contract by the buyer, but did say that even if I won in court (which he thought was likely), I wouldn't necessarily be able to get the money out of the buyer, e.g. if they had given a false address, claimed they didn't have the money, etc.

So I was just wondering if anyone with any experience of this has any thoughts of the likelihood of me getting any money out of the buyer, or of what it would cost in court fees, so I can decide whether it is worth pursuing.

custardy

so in this £150
have you keyed in your eBay fees you didnt pay?
for such a small sum(in the grand scheme) it doesnt seem worth it

Irony

"Buyer" might say they thought you were a scammer as not your car. I'd forget about .

pinkshoes

On a £1000 sale, surely your Ebay and Paypal fees would be over £150??

harveybobbles

10% of final price upto 75quid I think?

custardy

be about £55-£60 I think
so now we are at £90-£100 possible loss

ajones456

harveybobbles wrote: »

10% of final price upto 75quid I think?

Correctimudno

No_Eye_Deer

eBay Motors Fees
http://pages.ebay.co.uk/help/sell/motorfees.html

Final Value Fee
Final Selling Price £0.01 - £1,999.99 = £20.00