Ebay Sale

EdGasketTheSecond

When he didn't contact you at the end of the sale, you should have sold it to the second offer, simples.

John1282

That's the problem Ed. The listing ended on the tuesday, the offer was made the day before on the monday and I accepted it on the tuesday. I got no response from the buyer despite sending messages and ringing them, out of interest the buyer has been back on ebay making purchases so they must be fully aware they bought the car. Because the sale had gone through I was due to be charged seller fees by ebay so I had to wait four days and then raise an unpaid item case. I then had to wait a further four days for ebay to try and resolve it before I was free to try and find a new buyer. The case was then closed and I messaged the second highest offer but he was no longer interested so I had to pay to relist the car. By this point the mot & tax had expired so not only had the car devalued as it couldn't legally be driven away and would have to be put on a transporter, I also had to move the car to a garage as I couldn't leave it on the road outside my house. The car ended up selling for less than the original buyer should have paid, plus with the cost of storage and relisting fees and I'm out of pocket because the original buyer purchased the vehicle but did't pay or collect. I'm aware things like this happen a lot, and I'm aware a lot of people just take it on the chin but as far as I'm concerned because the original buyer didn't collect the car as agreed it's cost me around £300 so yes I'm more than happy to roll the dice and take it through the small claims court. I put this post up simply to see how others had faired in similar circumstances

Quentin

John1282 wrote: »

... I'm more than happy to roll the dice and take it through the small claims court......

As already posted, you pay the court fees, and the case will be heard at the defendant's local court.


The fees alone for a £300 claim will be at least £50, and you will have your expenses to pay for travelling to the court.


The defendant will be able to claim reasonable expenses (including loss of earnings) when you lose! It isn't a roll of the dice - do get proper legal advice before embarking on this.

debtdebt

OP, if you think you've got a good claim, issue a small claim then. It's no use asking for advice and then rubbishing the views of people who don't agree with you. Stand by your convictions!

(You'll lose).

John1282

Go on then debtdebt, why are you so sure i'll lose?

lovinituk

Was it a normal eBay fixed price listing or eBay classifieds? If it was classifieds then it's not binding - that is stated in eBay's t&cs.

If you do some googling there is some potential evidence that people have been successful taking similar cases to court, but bear in mind these are individuals and may not be telling the truth.

Post on the Legal Beagles forum and see what they say.

John1282

I'd already looked into that, it was not listed as a classified ad. it was a fixed price with best offer listing.

MEM62

John1282 wrote: »

but as far as I'm concerned because the original buyer didn't collect the car as agreed it's cost me around £300 so yes I'm more than happy to roll the dice and take it through the small claims court. I put this post up simply to see how others had faired in similar circumstances

Your time, your money. Go ahead and let us know how you get on.

debtdebt

John1282 wrote: »

Go on then debtdebt, why are you so sure i'll lose?

Lack of a higher offer - It's just pot luck. If the Defendant made an offer and didn't go through with it, it's not his fault nobody else bid the same figure and you finally sold at a figure which was lower.

Listing Fees - Surely if you opened a dispute with Ebay they would have refunded you the original listing fees as the sale didn't go through. You would have had to pay the second set of listing fees but then you've only paid one set of listing fees anyway so there is no loss here.

Expiry of Tax and MOT - A car with a few days MOT left is worth no more than one with no MOT. Any subsequent buyer would have had to MOT the car once bought anyway. Tax expires upon a change of keeper. Again no loss.

Cost of moving off the road and storage - Again it's not the Defendant's fault that you didn't have off road storage and it was you who chose to sell the car with only a few day's tax and MOT to go.

As other's have said, if you feel so strongly and think you're going to win, go ahead and issue Court proceedings then. If done online it's a £25 issue fee plus a further £25 hearing fee if it goes to a final hearing. Make sure you adhere to the requisite Pre Action Protocol. You've also been warned that the Defendant has the right to move the proceedings to his home Court which may mean you make have to travel across the country.

rich13348

Selling a car with hardly any MoT left on it is worth no more than with no MoT at all. You would have been better putting a full years MoT on it if you were certain it would pass. £56 for an extra few hundred is worth the money