Ebay Nightmare (please help)

[Bookworm]

Ok, so say for instance the car was indeed fault free when it was purchased and the seller was telling the truth, the buyer went down the road and hit the kerb resulting in the problem discribed. The buyer then claims the car has a problem, without telling the seller about hitting the kurrb. It would be for the buyer to prove it had this unroadworthy fault prior to purchase.

 

Unfortunatly unless the fault was due to wear and tear making it unroadworthy then even an Independant Inspection could not state when the problem first came about.

 

I,m not being arguementitive here, just giving advice which after all was what was initially asked for.

.

I understand that, but this is where the balance of probabilities comes into it and other elements, such as seller's other feedbacks on car selling (Ooops, not looking good for him there!), his response when notified of the problem, etc... And yes, it could be sod's law that something happened after buyer drove off, it does happen, but that would be down to the judge to decide, as I said before.

[azidas]

Hi, Thankyou all for your replies very very helpful! .. Here's an update;

 

The person who also left him, feedback did not reply to my message unfortunately.

The seller sent me this message;.. please withdraw the bad feedback you left and il withdraw mine as your the one thats loseing your 100% feedback worh thinking about thanks

i replied as follows;.. no sorry i have lost a lot of money as this car is undriveable and dangerous, the MOT will be investigated and i will be speaking to your local trading standards agency, and tax office unless you make arrangements to refund in full and collect the car. only then i will consider withdrawing the feedback, i am not fussed at the feedback you left me.

I have doubts that this car passed an MOT a week before picking up the car. i will now contact the garage it was serviced at and to see if they can cast any light on it..

The seller has not replied to the letter that my local TSA told me to send him and i want to check the MOT and speak to his local TSA and maybe even Tax office? before i take this any further as i cannot afford to lose on court expences, (i am a full time apperentice roofing apperentice supporting my fiance' and our 5 month old baby). Which brings me to the next potential problem (if i was to win the case) could i end up with him paying me small monthy payments? In addition to the loan re-payments i have to make for this car i must also now find another car . Thanks again for all of your help, much appericiated.

 

[buzby]

Complaining to the Tax office won't help you - indeed if he does owe tax on his additional income, and charge him for it - it takes precedence over any claim YOU have, and he will not be in a position to repay you. Yes, he can ask for time to pay (this is assuming you win) and £50 per month over the next 2 years is a possibility!

[JonCris]

They amount he pays will be upto the court. However if you explain to the court fully your circumstances they will probably order he pay as much as much as he can or you could request an oral examination after he has completed an income form.

 

There's a long way to go before it gets into court & in the meantime he might come to his senses & repay you as even if he only has an unpaid CCJ against him then he's going to find it difficult to move on his life

 

Once he realizes you mean business & the effect it will have on him if he doesn't he may just repay you

[Chesterexpress]

Yes, he can ask for time to pay (this is assuming you win) and £50 per month over the next 2 years is a possibility!

 

Could be a lot less than £50 per month if the OP claims he can't afford it.

[JonCris]

He may claim he can't afford but he could then be summoned, at the claimants request, to an oral hearing where if he tells porkies to answers of the court he would be guilty of perjury.........more than one way to skin a cat

[rps1969]

First off I would start to do things in a proper manner if not already done so. Like for instance; sending a letter before action,

conducting negotiations to settle this claim without court proceedings

 

Please bear in mind however that even though you have filed for Small Claims this is not yet set a track and the Judge may ask for a pre-hearing trial before deciding this. He/she is likely also give both parties directions. i.e. Independant Inspection.

 

I think you need to get your case in order as the points you make about the MOT, Trading Standards, Tax Office will not help you in your case. All these people will give you advice be it right or wrong for you, however, they protect the position in terms of there individual Laws and will not act in a way to support your case directly. You can refer the findings to the court in support of your case, but these things take forever.

 

Fees

 

When you make a claim you will have to pay a court fee. (Correct me if I am wrong)

 

If you are claiming:

 

Up to £300 £30 fee

£301 to £500 £50 fee

£501 to £1000 £80 fee

£1001 to £5000 £120 fee

 

This is what I would do. Gather your facts, Send a letter recorded delivery giving 14 days to reply. No reply with satisfactory resolution? Then fill in a claim form (N1) and make a copy for each defendant and the courts.

 

Don't worry to much at this stage as the defendant has 14 days to reply to the claim form.

 

At anytime you need a little extra time then submit a stay of proceedings and the reason why.

 

You really need to stop communicating through eBay and stop messing around and show him you are for real without empty threats. Until you do this then persoanlly I think your chances of a refund are slim.

[Bookworm]

Actually, the fees changed a few months back:

 

up to £300

£30

£300.01 – £500

£45

£500.01 – £1,000

£65

£1,000.01 – £1,500

£75

£1,500.01 – £3,000

£85

 

£3,000.01 – £5,000

£108

 

 

See here:

Fees

s.14 for possibility of exemption or remission.

[noomill060]

As a connisseur of bangers of the highest order (with 27 years driving experience of some of the finest examples of jalopies) I suggest that one of the wheels simply needs balancing or at worst a wheel bearing may need replaced.

 

You can get this done or checked for buttons at any tyre place, like Kwikfit or ATS.

 

Other pearls of oil stained wisdom:

 

1) Never buy or bid on a car without actually driving it first, at speed with the engine hot.

 

(Assuming you know what you are on about. Buying cars off Ebay or any auction is asking for trouble, unless you really know about cars or are prepared to take a gamble.)

 

2) Never buy a car with more wheels than seats

 

3) Green cars bring bad luck and red cars cost more to insure.

 

Before you do anything, get the wheel balancing checked. If the wheels are out of balance, they can do nothing but vibrate at speed.

[JonCris]

very good noo but shouldn't that be with fewer wheels than seats

[noomill060]

Oh yes, I do like my bangers!

 

Model Owned Price paid

 

 

1959 Austin A35 1980-81 (£10)

 

1964 Austin-Healey Sprite 1981-82 (£175)

 

1963 Austin-Healey Sprite 1982-83 (£150)

 

1972 MG Midget 1982 (£75)

 

1969 Triumph Vitesse 1983-4 (£200)

 

1969 Triumph GT6 1984-5 (£200)

 

1973 Triumph Spitfire 1985-7 (£250)

 

1972 Triumph 1500 1985 (£45)

 

1971 Triumph 2000TC 1985-92 (£145)

 

1981 Triumph TR7 1992-99 (£750)

 

1980 Triumph Dolomite Sprint 1999- present (£1000)

[noomill060]

No jon- my experiences with two-seater sportscars proved unpopular with the local constabulary!

 

(They dont like it when they cant catch you!)

 

 

Ah-the care free days of youth!

[JonCris]

My 1st car was an E type:D ......................A Morris E type:rolleyes:

 

It even had cruise control............a dam great knob on the dash that you turned to increase the throttle:-D

 

It also had air con....................a bottom opening windscreen:-D

 

It had 4 inbuilt hydraulic jacks (1 in each corner).................but cable brakes:eek:

 

The headlight dip switch was on the steering wheel.................& the starter was a dip type switch on the floor. Could start it whilst shouting "look no hands":-D

 

Happy days

[Bookworm]

Bunch of hippies.

[JonCris]

Bunch of hippies:eek: I'll have you know BW that I was a teddy boy long before I was a hippy (changed habits because of all that free lurv) & had you noted my 1st car your would have realized it.........was a 1939 model

[noomill060]

Jon- interesting your Morris had built in hydraulic jacks. About ten years ago one of our local scrapyards was having a clear out. Basically he was closing down and get rid of everything.

 

In the middle of the vast yard, (where he had started piling up scrap cars just after the War) was a pile of 1920s/30s cars, vans, tractors, steam rollers, ex-RAF WW2 radar equipment, a narrow gauge steam loco from the local gas works and half a Halifax bomber.

 

At the top was a Wolseley of the same vintage as your Morris.

 

I climbed up this mountain of stuff to have a look and spotted the built in jacks. You just reminded me.

 

Under what was left of the carpet was a copy of the Belfast Telegraph dated 1947. The Wolseley must have been perched on the top of this pile since you were driving your Morris E Type!

 

The next time I called by, the collection of 1930s cars, vans and steam rollers was gone. I hope they found good homes.

[noomill060]

Jayzuz- just noticed I've now been driving Triumphs for a quarter of a century!

[Jeepster798]

May I repeat some advice that I received from a QC some years ago - sue on a point of money, not a point of principle. If you don't think that you will get any judgement paid, then don't throw good money after bad.

 

Having said that , you may be able to register a judgement (on the basis of misrepresentation or sales description) and then apply to garnish his Paypal account. This requires that you find a UK address for Paypal to be effective though. A court garnish is a direction to divert funds issued to the holder of those funds (usually a bank or other debtor to the defendant). The garnish is only effective on the day it is served, so you need some luck on your side as well.

[buzby]

Unfortunately, PayPal only have an admin office in London (and Dublin), their place of business is declared to be Luxembourg, so such orders would be safely ignored by them.