Bought an item in error seller now threatening legal action

phatbear

Dear all,

Please help!!!!!!!

My good lady has recently been looking for a car on ebay and finally found the one she wanted so, as I said I would shell out for a car for her she gave me the deatils, as I was working away and she put the maxinum bid in which I was willing to go to.

Anyway I returned home to find out the item wasnt as she described it, the headline on ebay described as a 2005, when it was a 2004, and that it had new tyres which turned into as new when you went down the ad, therefore with less than 12 hours to go i emailed the seller asking to withdraw as the price I was willing to pay wasnt the same as the price I was willing to pay for a 2004 car, this was at approx 2pm on a weekday however my bid was not withdrawn and I won the item, co-incidentaly someone else, a "private" buyer had pulled out with less than 12hours to go and that was allowed.

Anyway at the termination of the sale I emailed the seller again to explain my situ and then alas had to go away for 2 days so couldnt get to a computer.

On return there was a snotty, but not rude, email asking why I couldnt progress with the sale, and I explained in detail why, and then a stroppier email dropped into my inbox, thus:

Thank you for your email, point have been noted.

Prior to making a substantial bid in the region of several thousand pounds we would be right in assuming that you would have studied the pictures and ad in great detail.

At that point you would have no doubt analysed the specifics of the vehicle where you would have seen the descrepency with the advert reading as 2005 and the date of registration being 16:12:2004.
There is a clear disclaimer at the bottom of the ad which states "EVERY OPPORTUNITY IS AFFORDED TO VIEW AN ITEM, INSPECT OR QUERY PRIOR TO PLACING A BID" in conjunction with the sale of goods act 1979.
We feel that you had every opportunity prior to the end of the auction to inspect and query.

As for the MOT, the car is legally exempt until the law kicks in on its 3rd anniversary.

You will note that your argument has flaws on several levels of law. However,We are not in the business of arguing nor of debating with customers about reasons why they cannot continue with the sale.

Your bid, however much a mistake it has been, has cost our company time and storage costs, unbeknown to you.

Now should you wish to backout of this sale for the points you have raised, we will seek to progress this matter further.

It is kindly requested that you contact us to resolve this matter urgently


So ladies and gents where do I go now, im pretty sure Im covered by some kinda distance selling law, however my knowledge of law isnt amazing.

I also appreciate that several people on this site have fallen foul of buyers pulling out, hell even Ive had it, but I would appreciate your input.

All the best

the bear

missjennipenni

They cant force you to do anything, most they can do is report you to ebay, give you a neg etc. Which, if you really dont want the car, is worth it to save paying out

Millionaire

They cant do anything.

If you say you sent a email to the seller via ebay then ebay will have a record of this. always send emails via ebay and not replies from your email account.

just advise the person you wont be paying due to the misinformation in the listing and that you requested cancellation of the bid anyhow for the reasons given.

If they give you a negative feedback, give one back explaining your postion.

angelcake

There is not a lot they can do! There are a few people on here that know the legalities of buying a car on ebay so please wait and see what they have to say!

Sounds like he was shill bidding anyway! esp if he had a buyer pull out at the last minute!!

You could always post over in the ebay community and see what they have got to say!

Its hard to say with such a high price item - a car!, but don't part with your money and don't be bullied into it!!

Hope you get it sorted!

(personally I wouldn't buy a car off ebay!;) )

CHR15

I would tell him to take a run and jump

Why does it cost him to store a car?? whats it doing? eating his food??

Funny how he didn't make the mistake the other way round and promote a 2004 car which was actually a 2005 car
He did this deliberately to dupe sellers into bidding for his car.

He doesn't sound the most honest person, keep a clear conscience......and steer clear.

charlottevwa

He is trying to scare you with him mumbo jumbo legal crap... however clever he may sound... he's really not that cever!

jasmineswhiskers

Without sounding patronising buying a second hand car is a minefield when you actually get to see the car in question, so bidding on one without actually seeing it first does seem a little foolhardy.

phatbear

jasmineswhiskers wrote: »

Without sounding patronising buying a second hand car is a minefield when you actually get to see the car in question, so bidding on one without actually seeing it first does seem a little foolhardy.

I agree but when Mrs Phatbear sets her mind on something she wants she usually gets it, that could explain why shes with me?, if I had been at home instead of working away Im sure this situation wouldnt have arisen.

For those people who have posted I appreciate it, im not one for being bullied or pushed around but im also mindful of not getting too abusive with the muppet, after all if anything does come of it at least I can say I acted like a gent instead of telling him I'll go round and deep fry his goldfish if he doesnt do one.

Anyway Ive emailed him and qouted the consumer protection (distance selling) regulation and trades description act and the control of misleading advertisments reglation, so all being well he will learn his lesson and maybe think twice about mugging someone off again.

thanks again

the bear

Optimist

phatbear wrote: »

I agree but when Mrs Phatbear sets her mind on something she wants she usually gets it, that could explain why shes with me?, if I had been at home instead of working away Im sure this situation wouldnt have arisen.

For those people who have posted I appreciate it, im not one for being bullied or pushed around but im also mindful of not getting too abusive with the muppet, after all if anything does come of it at least I can say I acted like a gent instead of telling him I'll go round and deep fry his goldfish if he doesnt do one.

Anyway Ive emailed him and qouted the consumer protection (distance selling) regulation and trades description act and the control of misleading advertisments reglation, so all being well he will learn his lesson and maybe think twice about mugging someone off again.

thanks again

the bear

Unless he is selling the car in the course of his business the distance selling act don't apply. I would keep your copy of the email that you sent early in the bidding to withdraw your bid, in the event he does issue a summons

suckmaster.burstingfoam

The email he sent you is worded in the typical manner of an unintelligent person attempting to sound like a solicitor.

phatbear

Optimist wrote: »

Unless he is selling the car in the course of his business the distance selling act don't apply. I would keep your copy of the email that you sent early in the bidding to withdraw your bid, in the event he does issue a summons

He sells cars as part of his business on ebay, in the past week hes sold 3 and currently have another car online for sale, so I think its safe to assume that he sells such items as part of his buisness.

Thanks anyway

all the best

the bear