Ebay Sale

John1282

All pre-action protocols had been followed, there a few days left for the buyer to come back to me.

With the sale of the car it's not a case of pot luck. the car was advertised with a buy it now price and the option of best offer. The mot on the car ran until 5 days after the end of the listing, which gave people the option to be able to test drive it and also drive it home if they arranged insurance and tax. Two days before the end of the listing I received two offers, both from ebay members with 100% feedback, so I opted to accept the higher offer as anyone would. On accepting this offer it became a contract. When the buyer didn't respond to my messages or calls I was stuck in the situation where i couldn't just move on and relist the car as I would have been hit with seller fees for a sale that wasn't actually completed. In the time spent waiting for ebay to try and resolve the matter, time spent with my hands tied, the mot expired on the car meaning i had to find somewhere to put it as I couldn't leave it on the road outside my house. If the buyer had not of purchased the car, it would have been sold to the other chap who placed the lower offer. If the buyer had messaged me straight away and said they couldn't afford it / didn't want it / placed the offer by accident ect, I would have had a window of opportunity to contact the other bidder and accept the lower offer. Unfortunately as the buyer did not respond to any messages or calls, I was left with my hands tied until ebay cycled through their resolution process. As I have said earlier, I'm not the first person to have this happen and whilst some people will just take it on the chin I am not prepared to do that. I have read up on some similar cases, and have used the small claims court process before so have a good idea of my way round it, I was just looking to see if anyone on here had dealt with a likewise case.

John1282

Rich13348... the car required quite a bit of work to get through the mot so it was advertised as spares or repair. As I have explained above, I listed it so that it would be sold before the existing mot ran out, thus giving any potential buyer the chance to test drive it, and the buyer a couple of days to be able drive the car away before the mot expired. Hense my frustration, when the ebay resolution final ended and I was able to get the car relisted ti had no mot left so the chap who finally bought it had to take it away on a transporter.

AndyMc.....

John1282 wrote: »

Rich13348... the car required quite a bit of work to get through the mot so it was advertised as spares or repair. As I have explained above, I listed it so that it would be sold before the existing mot ran out, thus giving any potential buyer the chance to test drive it, and the buyer a couple of days to be able drive the car away before the mot expired. Hense my frustration, when the ebay resolution final ended and I was able to get the car relisted ti had no mot left so the chap who finally bought it had to take it away on a transporter.

So you were selling an unroadworthy vehicle which needed to be trailered away and not driven?

John1282

AndyMc..... wrote: »

So you were selling an unroadworthy vehicle which needed to be trailered away and not driven?

Only someone who hasn't read the entire post, or someone just being a !!!!!, would write that comment.

debtdebt

John1282 wrote: »

Only someone who hasn't read the entire post, or someone just being a !!!!!, would write that comment.

You've only mentioned the car being not road worthy in post 23 and didn't even mention it in your original post so it's worthy of comment.

forgotmyname

Defendant says your a liar. Viewed car without knocking the door and it was obvious from a distance that it was not as described so I went home.

Your evidence to prove the buyer didn't?

Or buyer turns up and says several people access the computer and use the single ebay account. Proves they were somewhere at the time of the offer?

Upto you to prove it was that person that made the offer?


Q? on the defendant choosing their local court. Could a defendant choose a court thats further away? Always wondered this when reading the parking boards.

debtdebt

forgotmyname wrote: »

Q? on the defendant choosing their local court. Could a defendant choose a court thats further away? Always wondered this when reading the parking boards.

I've always wondered that. When I was in practise, we always asked the Defendant (our client) where they'd prefer the case to be heard. All of them asked for it to be in their local Court.

If I was the Defendant in a parking case, I'd ask for the case to be heard in the Court furthest away from the Claimant parking company just to cost them more and cause them more inconvenience. I'd just come up with a !!!! and bull story that I worked away there a lot and see what the Court said.

John1282

forgotmyname wrote: »

Defendant says your a liar. Viewed car without knocking the door and it was obvious from a distance that it was not as described so I went home.

Your evidence to prove the buyer didn't?

Or buyer turns up and says several people access the computer and use the single ebay account. Proves they were somewhere at the time of the offer?

Upto you to prove it was that person that made the offer?


Q? on the defendant choosing their local court. Could a defendant choose a court thats further away? Always wondered this when reading the parking boards.

Interesting reply, thanks for taking the time to view thing from a different angle.

The car was perfectly described, if anything I was more critical in the advert description that I should have been,. However this wouldn't explain the buyer not responding to my correspondence or for not responding to ebays correspondence. Ebay have advised that they've placed a non payment marker on the buyers account as the buyer didn't respond to the resolution team..

The shared account point is a good one, but again I would have expected the onus to be on the defendant to explain how someone else accessed / used their account. Much the same with a telephone contract, someone else in the house may have made the calls but the bill payer is still liable.

[Deleted User]

Morally yes the prat that made the first offer should have paid and you should be able to recover the difference when they failed to complete the deal.
Reaistically you are just going to have to suck it up (take the higher ground and hope Karma kicks in) and take the loss.
Most of us understand your anger at some prat losing you money

rich13348

So how far are you really willing to take this. The non-buyer didn't respond to your attempts to get in touch, or ebays.

So you have issued LBA with no response.

Next is a court summons. What if that is ignored?

You go to court the guy is a no show, you request a judgement in default.

The guy now has 30 days to pay.

No payment so you have to go back to court to enforce the order, more fees.

That doesn't get paid. Do you instruct bailiffs?

This could get expensive for you before you get your money back.