Warning / Help request re Brackmills MOT Northampton

RhetRabbit

Hi there.
Curious if there's any help that can be suggested to me and I'd like to offer the warning about a local businessman being fraudulent and abusive.

I'm quite sure I shouldn't name him or share where he lives here, but he runs the Brackmills MOT Centre in Northampton, and lives near there to.

He was selling a van on eBay last month. I typically live in Oxford but came back to care for my father who had been infected with the Corona virus, originally planning to do some work on a van if I bought one. As I was busy, I arranged an RAC inspection of the van. An offer was made by the seller that a holding deposit be paid,100% refundable, after much back and forth from him on keeping the van available for me. I readily paid this. I then refused the van based on the results of the inspection and have been getting a mix of abuse and ignorance from the seller since.

They've refused to communicate through official dispute resolution channels, trying to have me end my claim despite receiving no payment, and then saying he'll pay me outside of PayPal.  To this end I have a friend who lives a street away I've offered to have visit to pick up the cash or a cheque and that resulted in numerous other outbursts

Private messaging them through eBay leads to threats. Attempts to resolve this via PayPal have failed as they don't consider engine trouble and extensive cosmetic damage, along a plethora of other issues - independently cited by the RAC - as being different to an advertisement listing a couple of dents and no issues. I've contacted my bank this morning but the stress of talking with this person is making it so I can't focus on things.

I've made every attempt to be courteous, to be polite, and they still refuse to pay me.

It seems a trifling amount to attempt to sue over, but I'd like the money back which is why I continue to message him.

And whilst I'm aware bad press is only going to harm the chance he does pay me, as he seems recalcitrant enough to not back down out of spite, if nothing else though I'd like to have others avoid this month long nightmare by showcasing how petty and vindictive he is.

I've just received messages saying the money is meaningless to him and he's cleared 100 times that in profit just today. I've been insulted for my heritage, my intelligence and I think my autism, although I'm not sure as I don't fully get what he says to me.

He's offered to teach me something in street language, and I have no clue what that means if anyone can share?

I grew up in this area but have been away for many years. I'm back to look after my father, and the time that should be focused on that, or my resting myself or my own other problems, is going into dealing with this issue.

Should I just let it go? £200 isn't going to ruin me, but it would be nice to have 

I've kept all our conversation to eBay so it can be recorded and I have what to me seems the key for my money returning - his saying he will do that - yet PayPal don't consider that sufficient enough evidence to do so, despite it being integral to the money being laid to him.

Any suggestions for recourse would be welcomed, and I heavily suggest against doing business with someone as bigoted and sadistic as him. It's not worth the stress.

And saying that, should I just accept it as a loss and move on, accepting eBay payment protection isn't as infallible as I expected?

[Deleted User]

It sounds like you are only going to get this money back, maybe, if you go to small claims.  Do you have a receipt for the deposit.., does it say whether the deposit is refundable or not depending on the inspection?  Does it mention the word refundable at all?  This will affect whether you have a chance of success in court.  Look at your paperwork and then decide if its worth taking the case to small claims.  But also bear in mind, if he decides not to pay even if you are successful with the small claims case, you might have to call in bailiffs to actually get the money. 

RhetRabbit

The paper work as it is is limited to direct messaging on eBay.

He sent me a message there saying it would be "100% refundable". Yet he's saying, whenever I manage to get anything on the topic from, that he will only return less fees. And a month on - van was inspected and rejected March 16 - he's still dangling the refund saying it will be done in his time.

Pulled a screen of it from the chat, as well as a few others to share his attitude.
 
Refund: 

His trying to have me end the claim before getting payment: 
That was the last I heard from him until I messaged him yesterday morning, the tail end of which can be seen at the top, and the start of at the bottom of the abuse list.

Happy to send less fees:

 Similar messages are sent throughout his insults / my messages for what he's waiting for. I'm quite sure just to keep dangling the carrot.

Evidence of abuse so people know not to do business with him: 

RhetRabbit

deannatrois said:

It sounds like you are only going to get this money back, maybe, if you go to small claims.  Do you have a receipt for the deposit.., does it say whether the deposit is refundable or not depending on the inspection?  Does it mention the word refundable at all?  This will affect whether you have a chance of success in court.  Look at your paperwork and then decide if its worth taking the case to small claims.  But also bear in mind, if he decides not to pay even if you are successful with the small claims case, you might have to call in bailiffs to actually get the money. 

Going through the message exchange has made me think it's likely wise to just accept it as a loss. I was almost bending over backwards to be understanding and ignore the attitude and he still kept piling it on. It's not going to end in anything I'm sure, and I'd rather spend the time sleeping and keeping things here clean than sinking more hours into this.

Thank you for the input, but after a short sleep I think I'm going to let this sit as a warning against doing business with him. And that eBay buyer protection needs to be considered nonexistant re deposits and vehicles.

Multiple unmentioned, engine electrical and body work issues counting as not being dissimilar to a vehicle listed without mentioning them still amazes me. It's the first time I've had anything negative to think of eBay / PayPal.

hollydays

I do think you could have tried more businesslike communication rather than your initial " its rust held together by paint"( note I'm not saying it wasn't true..) That's how to get someone's back up. Also, where you say " I've expressed concerns for your safety", he doesn't seem to realise you are referring to Covid 19 and thinks you're threatening him, or he's just trying to bully you. Mainly he's trying to intimidate you..See post below.

hollydays

He is misrepresenting himself on ebay, as he's 1. listed your vehicle as a private seller . I don't know the details of ebay car sales private sale re business sale, but you are being denied your consumer rights, as he's a business .I He seems to run an on -paper reputable garage, but has a seperate ebay username where he lists vehicles with hardly any description.Presumably so he can't be accused of misdescribing. It's extremely sharp practice, to put it mildly . 2.He is also listing his phone number which is in breach of ebay rules. I'd point these two points out to ebay. You may be better transferring this to the ebay board.

RhetRabbit

hollydays said:

I do think you could have tried more businesslike communication rather than your initial " its rust held together by paint"( note I'm not saying it wasn't true..) That's how to get someone's back up. Also, where you say " I've expressed concerns for your safety", he doesn't seem to realise you are referring to Covid 19 and thinks you're threatening him. Mainly he's trying to intimidate you..See post below.

That was describing my van and why I was seeking a replacement. I think they were my mechanics words verbatim.

Point it out just with a generic email to them? He blocked me as it's saying he's blocked. The language saying that makes me think I did it but I'm quite certain I didn't. Certainly not intentionally..

hollydays

Our resident ebay expert may be along to advise you , but as a business seller, he cannot state " no returns" . If he'd followed ebay rules, he'd be listing as a business seller. I'd go to ebay / PayPal first.Leave contacting him as a last resort .

RhetRabbit

hollydays said:

At this point, I'd be careful of the words you use on here.If possible provide links. Our resident ebay expert may be along to advise you , but as a business seller, he cannot state " no returns" . If he'd followed ebay rules, he'd be listing as a business seller. I'd go to ebay / PayPal first.Leave contacting him as a last resort .

 It's crazy what comes up if you look into a company, and I only did this after finding out he was lying to me.

On that, he was honest in some areas. I didn't technically make a purchase, and he did say it would be a personal sale I believe. I'm unsure off-hand if the listing closed after my deposit was taken, but it sounds like he has covered himself?

The main point that baffles me is that he stated outright it would be a returnable deposit and yet that isn't enough for it to be taken as such. Then a very close second on the How Does That Make Sense meter is an automobile with a number of engine and sensor / mechanical and cosmetic issues being considered sufficiently close to an advertisement that doesn't mention them by whomever decides the dispute resolution.  The report said the V5 didn't even match up to some of the vehicle details.

It being from an MOT centre that had good reviews - my normal level of checking a company - made me think it would be fine.

hollydays

So was it an auction? A buy it now? I don't think it matters if he said it was a personal sale. He can't advertise privately he's a trader.

RhetRabbit

hollydays said:

So was it an auction? A buy it now? I don't think it matters if he said it was a personal sale. He can't advertise privately he's a trader.

It was an auction. I submitted an offer that was left pending until the inspection.

Had a quick scan and can't see a message saying it was a personal sale so maybe I misremembered that.

He did send an email to send the deposit to via PayPal, which was done, and gave me his phone number to use, although I ignored that as I prefer keeping records of everything said.

It's been nice to have a quiet day, whether he did block me or I somehow did it to him. Nice to be stress free in some regard, and no nasty messages helps .