Seller cancelled an order... What can I do?

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  • custardy
    custardy Posts: 38,365 Forumite
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    theonlywayisup wrote: »
    I don't know what HPI is. My point was that incurring expense before a purchase may not be the wisest thing to do and as he hasn't even paid a deposit, it is money that will lose/lost without securing the vehicle with the deposit.

    You don't know but felt the need to query paying it? You always HPI before purchase.
    https://hpicheck.com/what_report.html

    We have another thread going from someone who has lost a deposit on a mis described vehicle.
  • soolin
    soolin Posts: 72,184 Ambassador
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    We have always done an HPI on vehicles before agreeing to buy, even from a dealer, however as per the example above of a surveyors report, I've never thought it could be recovered from anyone if the sale didn't then proceed.
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  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
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    The seller can cancel the sale if they want, as for your costs I wish you the very best of luck in getting them back.

    If it was me and I took a deposit and was happy with the price negotiated then I would stick to it.
  • ChrisK....._3
    ChrisK....._3 Posts: 920 Forumite
    You can't cancel a sale after the hammers gone down. Contract Made!!!!!!!! That is a breech of contract and against the law. If there are no costs then there are no "damages"but in this case the buyer as incurred losses and can sue for those as "damages"
    foxy-stoat wrote: »
    The seller can cancel the sale if they want, as for your costs I wish you the very best of luck in getting them back.

    If it was me and I took a deposit and was happy with the price negotiated then I would stick to it.
    If I ruled the world.......
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    custardy wrote: »
    You don't know but felt the need to query paying it? You always HPI before purchase.
    https://hpicheck.com/what_report.html

    Clearly you haven't read the posts properly, or perhaps you have misunderstood....in which case you should be able to grasp it on a second read.
  • System
    System Posts: 178,090 Community Admin
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    theonlywayisup wrote: »
    It sounds like you hadn't paid. Why would you go to the expense of hiring a trailer and HPI and "other bits and pieces" when you hadn't even purchased the bike?

    Because in my eyes I had bought the bike - once the hammer goes down as it were the bikes mine.

    Anyhow, I have managed to get my out of pocket costs down to just the HPI and I can live with that.

    AGDCFF.
  • custardy
    custardy Posts: 38,365 Forumite
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    theonlywayisup wrote: »
    Clearly you haven't read the posts properly, or perhaps you have misunderstood....in which case you should be able to grasp it on a second read.

    Yes,clearly........
  • RFW
    RFW Posts: 10,014 Forumite
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    AGDCFF wrote: »
    Thanks for the replies - it was an eBay sale but as the seller has cancelled and is now not replying I am going to chalk this one down to experience and move on.

    It is so frustrating that some sellers just think they can do what the hell they want but there is not much I can do!

    Thanks again.
    I'd probably give Ebay a try. Certainly report the seller but send them a couple of complaints letting them know you were out of pocket and by how much. Follow it up with them on Twitter and see what happens. They have been known to give payments in similar situations, albeit unlikely.


    As for going to court, this may be a clear cut case (it might not). Whenever going to court the first question you should consider is how easy it will be to get the person/company you are taking to pay up. If they are dishonest and/or skint there's little chance of getting a settlement. The second question should be to ask if you'd win the case. There's no point in spending money on a court claim just to prove a point, court is to get your money back. If you don't think that can happen then it's a waste of time and money.
    .
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