Car dealer took deposit for a car he doesn't have anymore

Joew90

I won an auction for a car on eBay from a used car dealer, the car looked great and it was advertised as being in perfect mechanical condition. After the auction ended I told the guy I would come down that weekend to collect the car. He asked for a £100 deposit, which I gave him, as a bank transfer (probably worth pointing out that he did not say write anywhere that the deposit was non refundable). So I went down that weekend. The car had a few problems that he hadn't mention, but I wasn't going to walk away from the sale, then I took it on a test drive and the power steering failed, he said he knew it was a bit dodgy (but failed to mention it beforehand) and he could have a quick look at it to fix the problem. He didn't manage to fix it, but then insisted that I still have to buy the car because I won the auction for it! Obviously I said no way and asked for my deposit back but he refused. After I left we had an exchange of messages over who was entitled to the deposit, but then he offered to fix all the faults on the car if I went ahead with the sale. This seemed fair enough as the car would then be in the condition that he advertised it was in. It's been about 3 weeks since then and every week he tells me it's going to take another week. Then the other day I saw the car had been re sold on eBay, so I messaged the guy again and asked how long it would be, expecting an explanation but no, he just said next week again. I suspect that he wants me the get frustrated and tell him I don't want the car anymore which would be like I am backing out of the sale and make it difficult for me to argue that I am entitled to my deposit back. So my question is what the hell can I actually do, just keep waiting for a car that he no longer has until one of us has had enough?

dacouch

Did you pay the deposit by Paypal?

Have you raised a dispute yet?

force_ten

dacouch wrote: »

Did you pay the deposit by Paypal?

Have you raised a dispute yet?

the original post says

He asked for a £100 deposit, which I gave him, as a bank transfer

so no point going to paypal

Joew90

Yea unfortunately didn't use PayPal, and I haven't been able to raise a dispute on eBay as he reported me for an unpaid item. I called eBay for help but they said I have to wait until that dispute has been settled.

skintpaul

need to report to police, too.. I get the feeling seller has no intention of giving up the car, just scamming people for £100 a time?

stator

Small claims court.

Joew90

My thoughts exactly, when I looked at the car again on eBay I saw it had been re-listed 6 times. So he could have already made £600 on this car!

loskie

you could sue him for breach of contract as he could have if you had paid the deposit and failed to complete the sale.
But really depends on how much hassle you want.
Post the car details here so we can all bid on it

CHR15

From what you have posted he is an obvious scammer
I would get in now with some Negative Feedback, big letters saying he has sold this car 6 times - scammer. At least it will stop anyone esle falling for it.
If you have been to see it once, go back again and don't leave without the deposit, call the peelers if necessary even though they won't do anything when they get there.

Joew90

From what it looks like, that car has been sold now. The ebay auction has ended and he also had it advertised on his website before but it's been taken off now. I'd really like to leave him bad feedback but because it's marked as "item not paid" I can't leave feed back, seems like it's something he's figured out before as he has 100% positive feedback.

arcon5

Tell him you've seen him sell the car in another auction and seen it's been relisted 6 times so you're going to the police as you now believe you've been a victim of fraud.

Keep it short but sharp in the hope he will give in. If not, moneyclaim.gov. Send a letter before action first