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  • Do you have his postal address? If so, write to him stating time is now the essence of the contract, giving a reasonable deadline for him to collect the and pay the balance, otherwise he will be in beach of contract and you will be keeping his deposit and re-marketing the car.

    How are you going to prove a breach of a contract that does not exist?
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    How are you going to prove a breach of a contract that does not exist?
    A contract does exist
  • arcon5 wrote: »
    A contract does exist

    Oh, right. Yes, of course, the 'oral contract' so beloved of people who have something they want to complain about but no actual proof of what was said.
  • I wouldn't take a bank transfer anyhow I would just give him his deposit back as I don't trust bank transfers.
    As per my original message I have contacted him several times and seem to be getting on where apart from harrassing him daily I'm at a loss. I mean I could be wrong on this one but I always thought a deposit was non refundable and is lost if you don't collect the item . But as i say I could be wrong about tbat one.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    All a court would do is determine whether op acted 'reasonably
  • Robisere
    Robisere Posts: 3,237 Forumite
    Ninth Anniversary 1,000 Posts Photogenic Combo Breaker
    Have you kept the cash at home? Just a thought, but is it all kosher? Take it to your bank if you still have it, tell them you are worried that it might not be legit. If they check it and find it's OK, either deposit it or bring it home again. If it's forged currncy, you lose nothing and the bank will inform the law. You have an address and phone number.

    Sound daft? Maybe, but this whole deal sound iffy to me. You have stated a price for the car, will he be trying to get a reduction I wonder?

    No. I'm not paranoid, just cynical from experience. Anything can happen in selling a car.
    I think this job really needs
    a much bigger hammer.
  • How much interest did you have in the car before this chap came along?

    If your confident you could find another buyer quickly enough, I'd be asking him for account details to send his £500 deposit back, he is taking the mickey. Not being funny, but if I went to the hassle of a private sale I would just want the buyer to pitch up, pay and clear off. Couldn't be doing with getting strung along for weeks, chasing and then sitting in all day waiting for a lorry to show up.

    Why couldn't he drive it away and arrange for it to be picked up from his own address?
  • Oh, right. Yes, of course, the 'oral contract' so beloved of people who have something they want to complain about but no actual proof of what was said.

    So the £500 is a gift and the OP is free to sell the car?
  • Oh, right. Yes, of course, the 'oral contract' so beloved of people who have something they want to complain about but no actual proof of what was said.

    There has been an offer, an acceptance and a consideration (the £500 deposit) - so a contract does exist.
    "You were only supposed to blow the bl**dy doors off!!"
  • just_trying
    just_trying Posts: 1,010 Forumite
    Eighth Anniversary 500 Posts Combo Breaker I've been Money Tipped!
    What did you write on the receipt ?.
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