Just been done over by an ebay car dealer - do I have any redress?

wondermouse

I found a car I was interested in on Ebay. I asked if it was OK to send a mechanic to check it over, then booked clickmechanic (who are excellent BTW) to do a full check up on it. The report came back yesterday with a couple of minor faults. I spoke to the seller last night who said he'd get his mechanic to look at the AC fault today. I also told the seller was planning to collect it on Thursday and asked if the seller would like a deposit, as I definitely wanted the car, but he said that wasn't neccessary. 

Today I bought a one-way train ticket from London to Bromsgrove to collect the car tomorrow, and transferred my insurance to the vehicle. 

Half an hour ago, the seller rang to say "Sorry Mate" he'd sold it to the mechanic who came to fix the AC! 

!!!!!!?

My question is, is there anything I can do to, if nothing else, get the money I laid out for the inspection and the train fare back?

As no money changed hands I assume ebay will not help in any way, (I couldn't even see a category for reporting it) and I doubt if I can even post a negative review. I am livid and out of pocket with no car as well! I feel I did everything right and have no idea why I've been stiffed in this way. 

AdrianC

It's naughty, but until you pay the man and drive it away, it's not YOUR car.

Ibrahim5

You would have to take them to the small claims court. Before you can do that you have to send a letter before action. I would send them a request for your expenses. I would then send them a letter before action. Taking them to court is then a gamble. They might be worried by the court papers and just pay up. If you went to court it is like Judge Rinder or judge Judy. It would probably depend on the conversation between you whether a contract had been made to purchase.

KimJongUn88

Ibrahim5 said:

You would have to take them to the small claims court. Before you can do that you have to send a letter before action. I would send them a request for your expenses. I would then send them a letter before action. Taking them to court is then a gamble. They might be worried by the court papers and just pay up. If you went to court it is like Judge Rinder or judge Judy. It would probably depend on the conversation between you whether a contract had been made to purchase.

Exactly what action would be contained in the claim? There was no contract between the OP and the seller. 

NSG666

I guess your situation is similar to but less costly than someone who has had an offer on a house accepted paid solicitor and survey fees then gets gazumped (in England) before completion. Naff all you can do but take it on the chin?

Ibrahim5

KimJongUn88 said:

You can send a letter before actionIbrahim5 said:

You would have to take them to the small claims court. Before you can do that you have to send a letter before action. I would send them a request for your expenses. I would then send them a letter before action. Taking them to court is then a gamble. They might be worried by the court papers and just pay up. If you went to court it is like Judge Rinder or judge Judy. It would probably depend on the conversation between you whether a contract had been made to purchase.

Exactly what action would be contained in the claim? There was no contract between the OP and the seller. 

In a claim you only name the seller and the amount with a description of what happened. There is nothing to lose sending a letter before action. I would have thought legally if an agreement to purchase existed then you could claim for the seller not keeping to it.

facade

Can't you claim a refund on the train ticket?

TadleyBaggie

Not stated but may have been a non-refundable fare.

jimjames

Ibrahim5 said:

KimJongUn88 said:

You can send a letter before actionIbrahim5 said:

You would have to take them to the small claims court. Before you can do that you have to send a letter before action. I would send them a request for your expenses. I would then send them a letter before action. Taking them to court is then a gamble. They might be worried by the court papers and just pay up. If you went to court it is like Judge Rinder or judge Judy. It would probably depend on the conversation between you whether a contract had been made to purchase.

Exactly what action would be contained in the claim? There was no contract between the OP and the seller. 

In a claim you only name the seller and the amount with a description of what happened. There is nothing to lose sending a letter before action. I would have thought legally if an agreement to purchase existed then you could claim for the seller not keeping to it.

What agreement to purchase existed? If everyone who told me over the phone they wanted to buy a car was legally obliged to do so then I'd be a millionaire.

Ibrahim5

It really depends how firm the agreement was. There could be quite a lot of written messages as proof. Certainly nothing to lose going as far as a letter before action. Submitting a claim is a gamble. Could win or lose.

Sandtree

jimjames said:
If everyone who told me over the phone they wanted to buy a car was legally obliged to do so then I'd be a millionaire.

How would you be a millionaire? 

You can only claim your losses for breach of contract and clearly as you still have the car your claim is not for the agreed sales price. For the statement to make sense you must be in debt by several millions