Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • AGDCFF
    • By AGDCFF 7th Jul 18, 5:54 PM
    • 60Posts
    • 14Thanks
    AGDCFF
    Seller cancelled an order... What can I do?
    • #1
    • 7th Jul 18, 5:54 PM
    Seller cancelled an order... What can I do? 7th Jul 18 at 5:54 PM
    Hi all,

    I recently had an offer on a motorbike accepted and today the seller cancels the order with no warning.

    Now, I have already paid out money for a HPI and hiring a bike trailer and other bits and pieces in preparation for collection.

    I email the seller and his reply was that someone offered the full asking price and he has taken the money, saying he has to feed his kids etc....

    Is there anywhere I can go with this just to recoup my cost?

    Thanks for any pointers!

    AGDCFF
Page 1
    • z1a
    • By z1a 7th Jul 18, 7:00 PM
    • 1,389 Posts
    • 1,333 Thanks
    z1a
    • #2
    • 7th Jul 18, 7:00 PM
    • #2
    • 7th Jul 18, 7:00 PM
    No .
    • RFW
    • By RFW 7th Jul 18, 10:32 PM
    • 8,716 Posts
    • 5,079 Thanks
    RFW
    • #3
    • 7th Jul 18, 10:32 PM
    • #3
    • 7th Jul 18, 10:32 PM
    Is there anywhere I can go with this just to recoup my cost?
    Originally posted by AGDCFF
    I agree with "No" above. However if you wish to pursue it you can start by asking/invoicing the seller. You could possibly win a court case but whether you'd get the seller to pay up is unlikely. If it were me I'd probably shake my head and walk away.

    I'm guessing this wasn't on Ebay but if it was the seller will have incurred costs from your sale that he would need you to confirm had been cancelled to recoup.
    .
    • AGDCFF
    • By AGDCFF 7th Jul 18, 11:21 PM
    • 60 Posts
    • 14 Thanks
    AGDCFF
    • #4
    • 7th Jul 18, 11:21 PM
    • #4
    • 7th Jul 18, 11:21 PM
    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.
    • ChrisK.....
    • By ChrisK..... 7th Jul 18, 11:34 PM
    • 140 Posts
    • 73 Thanks
    ChrisK.....
    • #5
    • 7th Jul 18, 11:34 PM
    • #5
    • 7th Jul 18, 11:34 PM
    Yes
    Your seller has broken your agreement and you have a water tight case for your damages
    Take them to court of you want your money back


    Hi all,

    I recently had an offer on a motorbike accepted and today the seller cancels the order with no warning.

    Now, I have already paid out money for a HPI and hiring a bike trailer and other bits and pieces in preparation for collection.

    I email the seller and his reply was that someone offered the full asking price and he has taken the money, saying he has to feed his kids etc....

    Is there anywhere I can go with this just to recoup my cost?

    Thanks for any pointers!

    AGDCFF
    Originally posted by AGDCFF
    • theonlywayisup
    • By theonlywayisup 8th Jul 18, 7:12 AM
    • 12,334 Posts
    • 8,327 Thanks
    theonlywayisup
    • #6
    • 8th Jul 18, 7:12 AM
    • #6
    • 8th Jul 18, 7:12 AM
    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?
    • custardy
    • By custardy 8th Jul 18, 7:41 AM
    • 33,700 Posts
    • 28,590 Thanks
    custardy
    • #7
    • 8th Jul 18, 7:41 AM
    • #7
    • 8th Jul 18, 7:41 AM
    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?
    Originally posted by theonlywayisup
    Do you HPI a vehicle after you bought it?
    • theonlywayisup
    • By theonlywayisup 8th Jul 18, 9:51 AM
    • 12,334 Posts
    • 8,327 Thanks
    theonlywayisup
    • #8
    • 8th Jul 18, 9:51 AM
    • #8
    • 8th Jul 18, 9:51 AM
    Do you HPI a vehicle after you bought it?
    Originally posted by custardy
    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.
    • elsien
    • By elsien 8th Jul 18, 9:57 AM
    • 16,738 Posts
    • 42,240 Thanks
    elsien
    • #9
    • 8th Jul 18, 9:57 AM
    • #9
    • 8th Jul 18, 9:57 AM
    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.
    Originally posted by theonlywayisup
    The same could be said for surveys/searches on a house. The trailer hire may have been premature, but if you're buying a second hand vehicle then it's wise to check it's not secured on finance, nicked or a write off.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • theonlywayisup
    • By theonlywayisup 8th Jul 18, 9:59 AM
    • 12,334 Posts
    • 8,327 Thanks
    theonlywayisup
    The same could be said for surveys/searches on a house. The trailer hire may have been premature, but if you're buying a second hand vehicle then it's wise to check it's not secured on finance, nicked or a write off.
    Originally posted by elsien
    As I have said, I don't know what HPI is. I don't buy secondhand vehicles, but going back to my point, either you incur expense and understand it's lost or you secure the vehicle with a deposit and make it subject to passing (or whatever the terminology is) the HPI.

    The OP hasn't just paid the HPI, taking that aside he specifically said he had hired the trailer and "other bits and pieces". Premature those things most certainly are.
    • soolin
    • By soolin 8th Jul 18, 10:15 AM
    • 60,611 Posts
    • 43,231 Thanks
    soolin
    At the very least I would be reporting this to ebay and leaving poor feedback (It is possible if you look for the option to leave feedback via the sale not from the usual drop down menu)

    The report seller option is by the sale and should be for non performing seller, and also the more serious complaint of listing breaches as item should not have been sold elsewhere, it might also be worth phoning ebay and telling them that you do not agree to the mutual cancellation otherwise seller gets away with no fee to pay and no comeback.
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I volunteer to help get your forum questions answered and keep the forum running smoothly. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
    New to Forum? Guide
    • custardy
    • By custardy 8th Jul 18, 10:50 AM
    • 33,700 Posts
    • 28,590 Thanks
    custardy
    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.
    Originally posted by theonlywayisup
    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
    • By soolin 8th Jul 18, 10:59 AM
    • 60,611 Posts
    • 43,231 Thanks
    soolin
    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.
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I volunteer to help get your forum questions answered and keep the forum running smoothly. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
    New to Forum? Guide
    • foxy-stoat
    • By foxy-stoat 10th Jul 18, 2:47 PM
    • 2,205 Posts
    • 1,195 Thanks
    foxy-stoat
    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.....
    • By ChrisK..... 10th Jul 18, 4:50 PM
    • 140 Posts
    • 73 Thanks
    ChrisK.....
    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"

    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.
    Originally posted by foxy-stoat
    • theonlywayisup
    • By theonlywayisup 10th Jul 18, 9:47 PM
    • 12,334 Posts
    • 8,327 Thanks
    theonlywayisup
    You don't know but felt the need to query paying it? You always HPI before purchase.
    https://hpicheck.com/what_report.html
    Originally posted by custardy
    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.
    • AGDCFF
    • By AGDCFF 13th Jul 18, 9:41 PM
    • 60 Posts
    • 14 Thanks
    AGDCFF
    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?
    Originally posted by theonlywayisup
    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
    • By custardy 14th Jul 18, 2:55 AM
    • 33,700 Posts
    • 28,590 Thanks
    custardy
    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.
    Originally posted by theonlywayisup
    Yes,clearly........
    • RFW
    • By RFW 14th Jul 18, 10:13 AM
    • 8,716 Posts
    • 5,079 Thanks
    RFW
    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.
    Originally posted by AGDCFF
    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.
    .
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

163Posts Today

1,650Users online

Martin's Twitter