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

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Comments

  • Bigphil1474
    Bigphil1474 Posts: 4,078 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I suspect he's used your report to make a better deal with the guy who bought it.  Maybe he's told the other guy that he can have it if he outbids you, now he knows what condition it is in.
  • Ditzy_Mitzy
    Ditzy_Mitzy Posts: 1,982 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Photogenic
    Ibrahim5 said:
    A text isn't 'verbal'. It can be presented in court. I have seen it on judge Rinder.
    That's not the point.  The problem here isn't the use of text messages, it's the fact that said text messages do not confirm that a contract has been formed.  The seller, for what reason I don't know, refused to enter a contract with the OP at the point he was offered a holding deposit.  He cannot breach a contract that doesn't exist.  
  • ontheroad1970
    ontheroad1970 Posts: 1,710 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    Ibrahim5 said:
    A text isn't 'verbal'. It can be presented in court. I have seen it on judge Rinder.
    Claiming that Rinder's ruling is a legal precedent?  lol
  • KimJongUn88
    KimJongUn88 Posts: 424 Forumite
    100 Posts Second Anniversary Name Dropper
    Ibrahim5 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.
    I don’t think you understand how civil litigation works. You have to have a legal cause of action when you start a claim otherwise the other side will make an application to strike out. You do not merely name the parties.
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Ibrahim5 said:
    A text isn't 'verbal'. It can be presented in court. I have seen it on judge Rinder.

    A text is "verbal".  Anything to do with words is "verbal".  To avoid ambiguity, what you (and others) mean is that it isn't "oral" or "spoken".

    What's with all this about Judge Rinder?
  • Biggus_Dickus
    Biggus_Dickus Posts: 1,636 Forumite
    1,000 Posts Third Anniversary Name Dropper Photogenic
    edited 1 July 2021 at 4:33PM

    @wondermouse You were just a distant, albeit very interested party on the phone with no guarantee that you would actually purchase the car when you arrived, by train, in Bromsgrove.  You may have looked at the car and legged it back to London forthwith.

    The seller seized the moment and accepted the AC mechanics offer there and then. A bird in the hand is worth two in the bush, as they say.

    It’s a crappy thing to have happened and you have my sympathy but is it worth pursuing with any vigour?,...probably not. You’re out of pocket but the seller hasn’t profited from your loss and he did give you a days notice before you were due to travel.

    I reckon its best to put it down to experience and move on. Easy for me to say though. 😟

     

     

     


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