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  1. Hi I wonder if anyone can help me...? I bought some composite garden decking with a 10 year guarantee 3 years ago, had it fitted and all was fine. Now it is cracking and some has collapsed, it isn't due to how it was fitted it is due to the quality of the product. I have contacted the company I bought it from who have agreed under the guarantee to replace the failing boards but what are my rights because the boards are in the middle of the decking I will have to have someone take up at least half of the decking to replace the boards and there will also be a clear colour difference. Before I get back to them I was just wondering if anyone had any advice or knowledge if this was a satisfactory response? Thanks!
  2. Hi all! I’ll try make this as concise as possible! A friend of mine sold an item (an old instrument) on gumtree valued at £3000. A buyer came forward asking various questions about the instrument all of which were answered honestly and to the best of her and my own knowledge. None of the information contained within the article was misleading or mis-informative. After answering all the questions the buyer said he would need to come and view the item prior to purchase to which he was explicitly told no problem come whenever you like. Then he sent another message later that evening saying he would like to make an offer of 2750 which was fine and my friend accepted. He then said he would like the item dropped off at his father in laws work which was also done straight away. After he eventually got the item (3 weeks has now passed) he has come saying he’d like a refund as he believes the instrument was over priced for what it is and he isn’t happy with it claiming some parts of it have been replaced or refurbished. As a professional musician I tried the instrument prior to selling and it was in full working order. As the instrument was very old and neither myself or my friend were the original owner we did not make comment on the originality of the pieces or their history as it is often impossible to tell. All we did was provide a surplus of photographs as part of the ad and answer all questions honestly without misrepresenting any information about the item. The buyer has repeatedly messaged threatening involvement from his solicitors should I be worried? He was given the right to come and view the item but he chose not to and I have proof of this in text messages. None of the information was false and no details of the instrument were misrepresented. My friend has since spent the money on a trip to go travelling hence the reason for me writing this message, the buyer only has my contact details. The buyer also messaged claiming he had the instrument valued at £2250 would I be willing to refund the difference, something I’m also not keen on doing as I’m starting to believe he only bought the item to sell on for a larger profit and thus the question of originality is the source of his frustration. Any advice or help would be greatly appreciated should I entertain a refund or the threat of legal action? Cheers Concernedseller
  3. I defended the case and they had to discontinue the claim, but now they sent me a letter, with all the court fees and interest added on a periodic statement, almost £600 added to debt. Can the buyer of defaulted debt keep on adding fees and interest where the default debt was less than £5,000? Or could it be a ploy to get me to make contact with them (to prevent it from becoming time barred) as I never made contact with them since default some 4 years ago?
  4. Hi , Just wondering if anyone could help . my daughter sold an I phone 6 on E Bay on the 20th June , It was in perfect working order . On the 6th of October she was contacted by the buyer asking to erase her icloud account from the phone , She replied to the buyer saying that the phone had been taken back to factory settings and she did not have anything attached to the phone . On the 9th of October the buyer had contacted Paypal and raised a claim that the phone was not as described and her paypal account was showing a minus £145 balance ?? Paypal had told him to send the phone back to her and as soon as she recieved it they gave him his £145 back !!. On receiving the phone she establised the screen to be broken and the device would not power on . she contacted Paypal to find out what was going on and to explain that the phone was broken . They said that she needed to go to and get the damaged accessed by a 3rd party who was quailified to appraise the damage . This she did through the Apple shop at the Trafford centre , she uploaded the appraisal and sent to them. She checked her account a couple of days later to find the case had been closed due to insufficient evidence ?? She questioned this to be told that they have not given an estimate for it to be repaired . They said they would hold the case for another 7 days for her to make another visit and get the estimate which she did . she sent it to them the cost to repair was £299 . Now they have closed the case again saying not enough evidence again as it has not got the assessors name on it . They are now threatening to pass the Debt on to Debt collectors which has upset her no end . She is at her wits end and does not know where to go from here . Does anyone have any advice on where to go or what to do . thanks Mark .
  5. Hi Guys, The story goes, purchased a car from Lincolnshire from a couple. Paid in cash. Did a HPi check (Basic one) and everything clear. The couple signed receipt to say no finance etc. HPi check done with cazana. Car purchased March 2017. No logbook received i contacted the couple and it looked like they was playing games. i applied for a logbook myself and came with 2 weeks. Did a further HPi check with cazana.com in April 2017 as was getting worried why the logbook hasn't come and the HPi came back clear with no finance etc. I sold the car on the 06/06/2017 on eBay and the buyer advised me he has done a HPi check and there is outstanding finance. I then went back to the HPi I did with cazana.com and now it shows a 36-month agreement taken out on the 10/11/2016! I have removed it from eBay and apologised to the buyer. Contacted couple and the wife has advised me that she is no longer in contact with her husband and she can’t pay it off and is sorry they didn't tell me about the loan! Today I get a letter from Loans2go saying the car belongs to them and there is a BOS. Contacted HPi company who are looking into it. Where do I stand here? The couple duped me. Such a disgusting thing to do to someone. I have called Loans2go and asked for the BOS. I’m so upset with all of this. When I contacted the couple their mobile phones were dead I managed to track them down on Facebook to which at the start she was like don’t worry I will sort it out when I’m back from my holiday. Such horrible people out there. I’m a student and cannot afford such a loss, it would mean I have to drop out of university for 1 year and work as I pay my own fee’s. The lady is giving me a story that she cannot pay this loan as she is a single mother now with a disabled child.
  6. Hi, Just after some clarification that I am perfectly entitled to follow my current path over this issue. I sold an IPad on eBay for £95 back in February, the buyer then told me it was damaged when it arrived. It was in perfect condition when I sent it, so I could only suggest that was damaged in transit. I asked the buyer to return it to me, so I could claim against Royal Mail for the damage & I would issue a refund, all pretty straightforward so far. The buyer contacted me saying the Ipad was packed & ready to be returned & would I issue a refund, seeing as PayPal had prevented me from taking the funds anyway, I issued the refund & asked the buyer to return the item straight away. A week passed & nothing arrived, when I contacted the buyer again he said he didn't have the IPad, he had 'given it away to a charity shop', as ebay sent him an email saying he could keep it! Naturally, I was incredulous at his behaviour, I issued a Letter Before Action & logged a claim against him on MCOL for £125. He has refused to admit responsibility, has refused to settle & will not give me the name of the 'charity shop' he 'donated' my IPad to. I am now taking this matter to court, but he is now claiming I will be liable for his transport costs as he lives in Spain! I am quite prepared to see this through to the bitter end, but I just wanted some assurance that I don't end up on the wrong side of a hefty bill. Thanks in advance for any help & advice. Chris
  7. Hi all, I sold a very expensive figurine on eBay and sent the item to the seller very well packed first class next day. Two days later the seller requested a full refund stating the item had been damaged in transit. I requested photos of the damage which showed the packing box (shipper) squashed on one corner, the box inside with the figurine inside appeared to have a cut along the corner running up the side of the box. When I received the item back the damage to the box of the figurine appeared inconsistent with the damage shown to the box that housed the figurine. What I mean bear with me on this, The shipping box was squashed on one corner, however the figurines box had no sign of being squashed and looked like it had been cut. The figurine box was wrapped in bubble wrap at least 5 or 6 times and I am guessing when the buyer tried to remove the bubble wrap say with scissors he has cut the box. Do I have any right to claim the buyer has damaged the item and will eBay see the obvious inconsistency? I have the photos he originally sent as do eBay!
  8. I have a valuation tribunal upcoming, and I have received the following correspondence. The issue is that the council will not grant the 1st month discount because the previous occupiers used up this discount. As we are first time buyers and didn't actually move in till at least a month later I was hoping the 1st months council tax would be discounted 100%. However this is not the case. Is there anything that I can backup this case with as it's basically their legislation against what I think I should be entitled to. Issues in Dispute The dispute concerns the application of the 100% discount for one month for properties that are unoccupied and substantially unfurnished for the period 20 June 2016 to 20 July 2016. Decision Sought The decision we seek from the Tribunal is that the appeal is dismissed based on the reasons set out below. Reasons for Decision The Council Tax (Exempt Dwellings)(England) (Amendment) Order 2012 omitted the exemption Class C of the Council Tax (Exempt Dwellings) Order 1992, whereby properties that were both unoccupied and substantially unfurnished for a period not exceed six months were exempt from Council Tax. Billing Authorities were then able to prescribe classes of empty dwellings, and the level of discount applicable under Section 11 of the Local Government Finance Act 2012 referred to Section 11A of the Local Government Finance Act 1992 (appendix 10) North West Leicestershire District Council made the decision that for properties that were both unoccupied and substantially unfurnished, there would be a one month 100% discount from Council Tax from the date the property became such, after which there would be a 0% discount (appendix 11 & 12) The Council were notified by the previous owners that the property had become both unoccupied and substantially unfurnished more than a month prior to Mr Buyers purchase of the property. The previous owners contacted the Council as and when changes occurred, and there is no reason to disbelieve them. Furthermore, no evidence has been provided to dispute the information provided by them. In line with North West Leicestershire District Council’s local discount scheme, the property had been unoccupied and substantially unfurnished for more than a month prior to 20 June 2016, therefore no discount is applicable for the period 20 June 2016 to 20 July 2016. The Tribunal is asked to dismiss the appeal on the grounds set out above.
  9. Hi All, I need some help regarding a problem buyer from eBay. I sold them a phone on 21 Sep 2016 for £95 (Pink iPhone 5C) It was on the Vodafone network and then unlocked when the contract had ended (tested from my end with a few sim cards one being the 3 network) A month later the buyer opens a case saying the item has never worked with a 3 sim card, so I thought "here we go," I begrudgingly accepted the return knowing that the item was working and I would most likely get a smashed phone back or something completly different. So I get the phone back it is sort of in the same condition a couple small marks had been added but nothing that was major, the phone was dead so I neeed to charge it and when turning it on he had added an icloud account to it and I could no longer reset it, after several messages he finally admitted the following; Adding the icloud account and even confirmed the email address used (but wouldn't give me the password.) The sim card did infact work (I knew this anyway becuase you need it to activate the phone to get as far to put a icloud account on it.) Had been used for the time that he had the phone (even though he initialy stated he had been working away.) Ebay decided the case in his favour giving the reason there was no evidence of him doing it, so I have since appealed the decision telling them that there is proof of him admitting to it in the messages we had been sending each other, I am still awaiting a decision on this one. If it doesn't get overturned I will then be out of £100 and have a nice Apple paperweight, so my question is who would I need to take to a small claims court eBay or the buyer and if so how likely do you think I will win ? This isn't the first time I have been messed around by a buyer and ebay and I now want to follow through with this to prove my point. Thanks in advance
  10. Hello all, I'm new to the forum. eBay have gone with the buyer. Buyer said camera was not working this was not true I have all the evidence. I have contacted CAB and they have stated Sales of goods act and a Breach of Contract. Who do I start taking the legal route with eBay or the Buyer the reason for asking is that eBay intervened and I'm now £48.00 out of pocket, Spoken to customer services at eBay about 10 times may as well talk to a brick wall. Your help would be appreciated. Best regards Steve.
  11. Hello I would be grateful for some advice. I spoke to my mortgage lender this morning and if I dont find a buyer or settle my mortgage debt they will commence repossession proceedings in 7 days time. My mortgage with Acenden ended last September. I was unable to repay it, so I put the flat on the market, found a buyer very quickly but unfortunately just before exchange of contracts my partner had a stroke, forcing me to stop the sale. Some time later I put my property back on the market again found a buyer very quickly, but she pulled out just before we exchanged. That was a couple of weeks ago. If I ended up in court would I have a strong chance of overturning the eviction. My property is back on the market. I am still continuing to pay my mortgage, having never missed a payment.
  12. My brother sold a car part for £460. The part is a piggy back ECU which is quite rare. He told me that the buyer wanted to pay with a bank transfer to save on him getting fee's etc. My brother said the payment came through instantly and is coming up with something like "3rd party transfer" which we've not seen before. I told him I would check to see if this is safe, or if there is some sort of [problem] that involves doing direct transfers? The buyer is within the UK. Thanks!
  13. Hello all, I have only joined this forum today but having spent the last few days reading lots of other cases, they all seem to be subtly different to mine and I'd appreciate some advice. This is a long post, but for those willing and able to advise me, thank you in advance for your patience and I think the whole story is worth having. On 28th October, I sold my 10 year old Vauxhall automatic via an ebay classified advert. I felt I had advertised it at a fair price and with a fair description. The first person to look at it test drove it, liked it and bought it a few days later. There is (of course) more detail, which I will try to summarise here. 23rd Oct - Test drove the car, said he thought I had described it very well and that it drove well, but he wasn't sure whether the automatic gearbox was changing gear at the right points, essentially wanting to be at approx 2,000rpm before changing up. He said he was buying for his brother and would call back later, but didn't. 24th Oct - He called back saying he wanted the car and paid me a £100 deposit against an agreed price of £1,750 - that being reasonable for a top of the range 6-speed automatic diesel with all the bells and whistles and reasonable mileage. He said he would come back the following day to collect, but didn't. Interim - He asked me by ebay message whether the gearbox was OK or not. I responded truthfully that I thought it was, but I wasn't an expert and he was welcome to drive it again if he wanted to before purchase. It was changing smoothly and seemed fine to me. 28th Oct - Eventually he came back on the Wednesday night (quite late) with another brother (not the one the car was for) and accepted my offer of a second test drive. The brother drove it for an hour at all speeds up to about 80mph telling me he was a trader and had trade insurance to drive the car. They didn't seem sure that it was OK, but were comparing it to other cars (a 4-speed Merc auto and a 5-speed Vauxhall V6 auto). Having owned cars of those generations before I knew they are different but left them to make their own minds up about my car. Eventually, we returned to my driveway and it was clear they were still undecided. I suggested they might test drive a similar car (same 1.9 diesel and 6-speed auto) so they could compare and then they could come back before the weekend, when I was going away for a fortnight with work. I left them to talk privately in my driveway but they quickly came into the house, said it was OK, paid and took the car away. 29th Oct - Having heard that the V5 can be transferred online, I did this at 8am and then took the money to the bank and paid it in, only to receive a call around midday saying that he had taken it to a Vauxhall dealer near his home, who sent a technician out in the car and said the gearbox wasn't changing gear when it should. I wasn't convinced and made the point that I'd given him every chance to delay or cancel buying it, to which he said 'I know you did, it's just a bad decision I guess' but hung up when I pointed out that we had agreed that it was sold as seen. I didn't believe that it was actually faulty so I described the behaviour to the relevant owners forum and got back several owners posting confirmations that their cars behaved the same way. Indeed, the car has very little torque below about 1800rpm and changing up below 2,000 rpm would have put the revs too low to make any sense by my reasoning. While away, I received an eBay message stating that he has passed the car to his brother, taxed it and his brother is also of the opinion that the gearbox is faulty and that I knew that before the sale. He said he has spoken to Trading Standards and they have assured him that he has a case against me because the car isn't fit for purpose and I didn't advertise it as faulty. That isn't true or fair, so I need to respond formally saying so. Although still a bit jetlagged, I'm back now and I've spoken with CAB and their Consumer Direct phone service, getting the advice that the Sale of Goods Act (1979) applies only insofar as legal title and description (make, model, colour, features etc), but not fitness for purpose. I think the key questions are: Having been asked whether the gearbox is OK, my response was 'yes, I think so, but I'm not an expert, if you want to drive it again to be sure, please do'. In this case, if he can get a professional opinion that the gearbox is faulty after all, how is this likely to be viewed by a Judge in the Small Claims Court? Have I misdescribed the car by saying that it changes gear as it should even if in good faith and now in the knowledge that other owners have 'non-faulty' cars that behave the same as mine did when he and his brother drove it? Does the fact he brought a more knowledgeable person along to drive it for him the second time have any relevance? Describing himself as a trader, the brother drove the car for about an hour before (I assume) advising the buyer to part with his cash. I'm not the sort of person to rip anyone off. I wouldn't have offered it for sale if I thought it was faulty or would end up like this. Indeed I've bought cars in the past that turned out to have faults and it never occurred to me that I should seek redress from the (private) seller. Should I be offering him anything? Should I have him take it to a garage I trust (at my expense) to check it? If it helps, I can provide a copy of the advert. Grateful for your help. Many thanks, Ian.
  14. Hi there. I sold my car last week through a classified ad on eBay. Buyer came to have a look, I took her on a test drive, she went home, then messaged me later to say she wanted it and came and bought it. Several hours later her and her boyfriend returned the car saying that the rear seat belts were not long enough to wrap around their maxi cosi car seats. They told me they had turned down several other cars for the same reason, I asked them why they didn't check, they said they forgot. I refused the refund, but did offer to buy them some adapters to which they refused. They became very aggressive, blocked our driveway with their car, and threatened us with physical violence and implied they would come back and do damage to me and our property. I phoned the police, they left just before they arrived but I told the police the story and got a crime reference number. Yesterday I got a very vague email saying I had failed to disclose information regarding the vehicles history and that eBay's fraud team would be in touch (they haven't been). I replied that I had been completely honest and that it was for the seat belt they wanted to return the car, and outlined all the above that had happened. They replied again saying I failed to inform them of the cars history and didn't tell the truth. They said once they got home they tried to insure it and found out about this history, so came back to me expecting me to come clean. They never mentioned anything about the cars history it was all tears about the seat belts and how their kids seats cost £500 a piece so they couldn't change them. I reply asking what history? Today they said it has been a Cat D write off. They quote sale of goods act 1979 and innocent misrepresentation clause in the misdescriptions act. They still want to return the car for a refund. Where do I stand? How can I find out if it really was a Cat D and what the damage was? Surely if they care about this sort of thing they should have done a HPI check before they bought it? I have not told them any lies. It seems to me they are trying to think of new problems so that they can get out of buying the car. If there is a problem I guess I feel bad for them, but not after the way they have behaved. The car is sound, low mileage and as far as I'm concerned in perfect working order, minus an exhaust rattle I mentioned in the description. They have been very aggressive and threatening in person, so much so that we have just installed CCTV as every time we come home we expect to have the windows smashed. On paper of course they seem to be writing very tactfully. Thanks for reading this far, I wanted to be thorough. Please advise me where I stand. Many thanks
  15. Basically my completion date was set for next Tuesday. I am buying the house off my mum and dad. House is valued at just under £60k and they are selling it for £36k which is fine to me. Mortgage was agreed with Halifax, they credit scored me several times and I passed. There were a few amends to the offer but they amended and made another followed by credit scoring etc. I passed them all. Mortgage adviser phoned me today to tell me they had withdrew the offer after they credit scored me today. I have checked my report on all 3 credit report sites and absolutely NOTHING has changed. I have no outstanding debt, I have never had a missed payment, I do not owe anything. I recently closed a bank account and that is showing as a negative on Experian. I changed bank from one to Halifax after we had agreed on the mortgage offer. I asked Halifax if this would be an issue in branch and they informed me it would not affect my mortgage application whatsoever, but that is the only thing I can think of. Nothing else has changed. The house is being sold below its actual value. Everyone is making money here. Can anyone please advise me? Everything had been set up with the Halifax to release the funds on Tuesday and they had agreed to do so, but they have pulled out at the last minute. They have said it is due to a credit score, but again they have repeatedly credit scored me and been fine and have told my adviser that I had passed their scoring criteria. I am at my wits end here.
  16. Hello All Heres my story, A few months back I sold 4 x Seagate 4tb Hard Disk drives on Ebay at (£110 each). The buyer had these in his possession for just under four weeks then decided to open a returns case as one drive was defective. I didn't discover this at fist for the first few days as I work offshore, soon as I did I agreed to the return as the items were still in warranty. The buyer ignored this and then claimed all disks were faulty the same day as Ebay made a decision on the returns case. I contacted Ebay via webchat (i still have the records) and was advised not to issue a refund until I had the goods back and that they would sent a prepaid sticker. A few days later buyer then registered the prepaid tracking number and instantly Ebay refunded them without any checks. I contacted them again via webchat and asked why they had done this and that its highly suspicious and that I'm concerned I may not get my original items back, They stated if that was the case them contact then immediately with evidence and they will review the refund. Few days later my guess was right, the buyer has returned an ancient Western Digital drive of 320gb capacity. I took pictures straight away of this and sent them to Ebay including pics I took of the drives before dispatch listing serial numbers and being individually wrapped prior to pick up by a courier. Ebay then responds by saying that my claim will not be upheld as the have no way of telling what was returned and they will not review the case despite all the evidence I gave, followed their own procedure and guidelines, done everything I was instructed to done. I have contacted their useless call center who have lied consistently to me advising someone will look into this and when I called today they more or less accused me of engineering the entire ordeal. I also pointed out on their site it states "The buyer must return the item in the same condition in which it was received." only to be told there is no such requirement. So now the buyer has my items and the money and I'm left with a useless old brick. Ebay wont even discuss it anymore. I'm not letting this go, whats the next course of action here.
  17. Hi there, I am in the process of buying a property as a first time buyer and have had an offer accepted on my ideal home but no date to move in as I am waiting for my late father's estate to be completed. Since the Seller has accepted the offer, his estate agents have been calling me 2 or 3 times a week for updates which I don't mind but they have also been contacting the solicitor who is dealing with my late father's estate in Scotland! They did this during the time I was in Cuba on holiday (no wifi available there so I was in communcado!) and the solicitor in Scotland was led to belive they were my estate agents by what they said. Luckily he didn't give them any information, but I thought it was a bit cheeky. Through discussions about the estate etc I told him that they weren't acting on my behalf and he didn't need to give them any information if he didn't feel the need to so when they phoned him last Friday, he was extremely short and to the point with them, telling them to mind their own business. On the Friday afternoon, they then called me again saying they had been in touch with my Scottish solicitor and that he was extremely rude to them and wouldn't give them any information. They said to me that in the process of house buying, once an offer is made by a buyer, they then act on behalf of the seller of the property and the buyer! Is this correct in England? I haven't instructed them to do aything for me as I don't have a house sale going through in England? I'm not convinced about what they are telling me and in Scotland where I have bought properties before, this would be a conflict of interest. Can someone please advise? Many thanks, Worstutility
  18. Hi All, I recently bought some jeans on eBay, they are not the size the label claims them to be and having explained this to the seller he is adamant that he is right and won't do a return and refund. I tried to use the return option through eBay but he declined my request, should I escalate the issue through eBay or would it be better to do a charge back through my bank.
  19. OK so here is a issue. I sold a mobile phone on eBay, been selling them for years with no issues until now. I have 200 positive feedback. Few weeks later the guy tells me the phone isn't working and opens a case. He writes. "The phone was working fine with the supplied sim card, as my sim card is the older type I had to cut my sim card down to fit the micro sim slot, now the phone will not read my sim card or the supplied sim card, I got a new micro sim card from my provider and it does not work either" So he says the phone was working fine with the supplied sim card, he cuts his to fit rather than use the correct sim and now it doesn't read any sim cards. He escalated this to eBay, few days later ebay decide in his favor and refund him. I contact ebay to enquire why has he not returned the phone to be told basically he gets to keep the phone as I did not refund him time, I stated I was arguing my case and was awaiting a reply only to be told tough, case closed. So to sum up I now owe eBay £97 for refunding him, he gets to keep the phone and I owe £9.70 in eBay fees for this transaction. I have appealed but case is closed apparently. I have cancelled my reimbursement method. What can I do? This is blatant theft assisted by eBay.
  20. I bought an item on ebay, and it did not turn up. I asked the seller to track it, and the seller got back to me to say that the item had been left with neighbours, but the courier was unable to state which neighbours. None of the neighbours had it. I therefore wanted a refund, and had to put in a buyer protection claim. Ebay refused to refund me, as the item was delivered within the "allowable distance". I was utterly gobsmacked, I have confirmation from the seller that the item was not delivered to me, and yet ebay say that because it was delivered somewhere close to my house I am not entitled to a refund? The amount of money involved is small, too small even for the small claims court, but the implications are huge. This was a cheap item, but I have been relying on buyer protection when I buy expensive items. Ebay appear to have changed the rules, if the item came somewhere near your house, and the courier can prove that with GPS, you will not get a refund - even if the courier and the seller both state that the item was not delivered!
  21. So I was talking to someone today that bought a two bedroom flat a few months ago,before he bought it the previous owner filled in the home owners paperwork stating that the property had never had any problems with the roof,repairs etc. During the recent heavy winds here in Scotland some of the slates came off the roof,it has now been found from the management company that the roof was previously repaired as some of the slates had blown off. Does the present owner have any redress aagainst the previous owner now regards fraudulently filling in the paperwork?
  22. Hi Everyone, In November I have bought a car for my wife, but she said she wants something smaller to drive, so I decided to sell it. I was a legal owner of the car, V5 was on mine name and address. I'm not a car dealer, it was a private sale. This is a copy of my ad on AutoTrader: "Features & Description: 85k Miles with Full Ford Main Dealer Service History, Long MOT, Low Insurance, Cheap to drive, HPI Clear, 2 Keys, Excellent Overall Condition, Clean Inside and Out, Some Little Age Related Scratches but Nothing Serious, No timewasters, tyre kickers or business offers, please., Full service history, Next MOT due on 21/09/2015, Electric windows, Air conditioning, CD player, Height adjustable driver's seat, Folding rear seats, Metallic paint, Spare wheel (Space-saver), Power steering, Steering wheel rake adjustment, Steering wheel reach adjustment, Traction control, Central locking, Alarm, Immobiliser, Driver's airbags, Passenger airbags." Guy came last Tuesday, before, he asked me on the phone about any issues, I told him about scratches, high clutch( which worked ok, with no slips etc.) He was happy and came to see it. On my driveway he was examing the car very deeply, he checked everything, car itself and all documents. I was trying to be as honest as I could, told him everything about the car, I showed him all scratches, scuffs etc. We have been on a test drive, we did about 10miles using town roads and motorway. The car worked as it should, to only issue was a hardly noticable something like a "whizz" on the 5 gear. We both agree that is nothing serious, everything worked properly. (When I bought a car my mechanic also checked the car and he didnt find any faults) After that buyer was very happy with my Ford and we made a deal. We have signed a Car Purchase Contract, where one of the point is: - "The seller undertakes to carry out work on the car" - He ticked NO and also - "The buyer accepts the car with specified faults" - He ticked YES Then he took the car and drove it home (about 200miles!). Five days later (last Saturday) he phoned me and said, that I sold him a damaged car! He had big difficulties on his way home, then he went to Ford garage where been told that there is a leek and some fault with the gearbox and it will cost 1200 Pounds to fix it! And he already spoke with lawyer and if I not cover that bill he will meet me at court because: a) I sold him unroadworthy car. I found on Citizen advice bureau website that: "A vehicle is unroadworthy if using it would cause danger to the driver, passengers, other road users or pedestrians. Common signs that a car may be unroadworthy include: headlights that don’t work faulty brakes cracked wing mirrors worn out tyres seatbelts that don’t work properly a faulty exhaust system." So I cant agree with him, all these where work perfect and the car was safe to drive, he also checked the car very carefuly and was really hapy with it b) He sais the that ma car didnt match the description from Ad, because i stated that "car is in excellent overall condition" which I in my opinion was on Tuesday. It wasnt perfect ( I said to this guy many times that car is not perfect, there are some scratches, high clutch, cause its 6 years old, and 85k miles, but still looks and drives very well,he was ok with that) c) He said that I wanted to sell it after a month, because I knew was faulty, what is completely not true. Do I need to worry? When I was selling car everything worked as it should. I didnt force him to buy it! I am also wondering why he didnt call me on Tuesday, when like he said: "Had big problems with driving this car home" ? Or even next day? Its weird for me, and I dont want any problems, pay any money, or going to any courts. If You could give me any advices I will be very grateful, cause I didnt sleep last night because of that. Thanks. Jack.
  23. I have just sold a mobile phone on ebay. I described the phone exactly and honestley as possible. The phone sold and the guy paid instantly. Three days later I received a message thanking me for sending it so promptly but saying it wasnt as described. Corners were broken and there were big scratches on the screen. The phone I sent was mint but naievley I posted a libary picture of phone. I messaged back offering a full refund if imei number matched. He replied asking for imei number for his inbox??? Too cut a long story short a case has been opened and he has just sent the phone back. The number is obviously different but the only proof I have is my service upgrade agreement, which has phone/imei number. Help needed as dont want to end up out of pocket with this guys crap phone Thanks
  24. i am due to be exchanging contracts this friday and moving to ireland. My house in the UK had an agreed sale 6 weeks ago. I have agreed to purchase a house in ireland and had instructed a solicitor in the UK to handle the sale of my house for which the proceeds were being used to purchase the house in Ireland. i have also had to instruct a solicitor in ireland to handle the house purchase in ireland. The estate agent in the UK has received notification this morning that the buyer has pulled out of the agreement to buy my UK property. The estate agent has told me that i am going to be liable as well for my own solicitors fees as well as the ireland solicitors fees for land searches etc as they have carried out the work . On a side note as to my divorce settlement, i am being hit with £400 a month Spousal maintenance until my house is sold I have been left to foot the bill of two lots of £750.00 solicitors costs. total £1500, removers cost as well as they were booked for friday etc Can i claim against the person who puled out of the sale at the last minute to claim these costs. Contracts were being exchanged this friday so has a verbal contract been formed thanks
  25. Hi im looking for some assistance please. I have an ebay buyer threatening me with the small claims court for an item they say they returned but we havent received. To cut a long story short they were not happy with the item they purchased so we asked them to return it. A few weeks have now passed and we have not received the item back and they cannot provide any proof that they returned the item. Can any one help me where I may stand if they were to take me to the small claims court? Thanks
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