Vehicle on ebay not as described

[rowenalovespink]

Hi, please can somebody give me some advice about a horsebox I bought on ebay? Maybe I am just unlucky and have lost out but please could anyone tell me if i have any come back?

 

I won a horse box on ebay on wednesday which I paid £1802 for. Before viewing the box i asked if the floor had been checked as this is the main thing i am concerned about in terms of the safety of the horses and other road users (it is disastrous when the floors fall out of horseboxes while in use). She replied on ebay that she checked the floor when she bought it and 'its really solid'. To me that meant it is currently really solid. When I viewed the box i asked again about the floor. She told me it was made of wood which concerned me a little and so i looked underneath to see what was supporting the floor and saw that there was metal work underneath supporting it and I asked about the condition of it. I dont remember her exact reply but certainly if id been given any indication anything may be wrong with it i would not have been interested in the box. She also told me a Ford Mechanic had recently looked at the floor and tested it with screwdrivers and that it was fine.

 

The ad stated that there was a bit of rust inside the doors and around the cab etc but it was only superficial. I assumed that meant that was the only rust on the vehicle, and that what rust there was was only superficial.

 

I won the box on ebay and when i took it home, my mum who is a lot less trusting than me, was concerned about the floor and took it to a lorrry mechanic who called her back and told her it was 'rotten as a pear', not worth spending any money on. I think he was referring to the chassis, which is the metal work that provides the floor support i believe. This means the box is absolutely unsafe for transporting horses due to the risk the floor will fall out.

 

Unfortunately I was trusting enough to pay by bank transfer. The ad said cash on collection only, but as i was in a hurry for horse transport and could not get cash in time for when i needed the box, i asked if she would accept a bank transfer.

 

Within a few hours of the bank transfer going into her account, I heard about the mechanics report on the lorry and called her and asked for a refund as the rust is obviously far more wide spread than stated and is deep seated, and the floor therefore unsafe.

 

She apologised and said she had already used the money to pay off a loan, and has since asked what she can do about it since she has spent the money. I have tried politely to resolve the situation with her as she has repeatedly told me she is fair and honest and i therefore assumed she would not want to have sold someone scrap metal for nearly £2000. Maybe she is within her rights, to sell a vehicle in this condition because she says she didnt know. But I would be very grateful if anyone can please tell me if there is any hope of me getting any money back since I believe the ad was misleading, whether or not it was intended to be and i have been sold something totally unfit for the purpose for which it was sold, and worthless.

 

Many thanks

[Bookworm]

How does what you paid compare to what you normally would be expected to pay for a similar item? (Sorry, I have no idea of how much horseboxes are worth)

 

In any event, I think you're on sticky grounds, you say yourself you had a good look at it, and if it took a mechanic to spot that the thing is actually knackered, you'd have a hard time convincing anyone that she knew about it. If she's a private seller (you haven't said), then fitness for purpose doesn't apply, only that it should be as described. The problem is that you seem to have assumed a few things, instead of making sure before parting with the cash.

 

I think the best thing to do in the circumstances would be to get a quote for the repairs and see if she'll agree to pay part of it, but tbh, you'll have to rely on a lot of good will from her even for that.

[rowenalovespink]

Hi, please can somebody give me some advice about a horsebox I bought on ebay? Maybe I am just unlucky and have lost out but please could anyone tell me if i have any come back?

 

I won a horse box on ebay on wednesday which I paid £1802 for. Before viewing the box i asked if the floor had been checked as this is the main thing i am concerned about in terms of the safety of the horses and other road users (it is disastrous when the floors fall out of horseboxes while in use). She replied on ebay that she checked the floor when she bought it and 'its really solid'. To me that meant it is currently really solid. When I viewed the box i asked again about the floor. She told me it was made of wood which concerned me a little and so i looked underneath to see what was supporting the floor and saw that there was metal work underneath supporting it and I asked about the condition of it. I dont remember her exact reply but certainly if id been given any indication anything may be wrong with it i would not have been interested in the box. She also told me a Ford Mechanic had recently looked at the floor and tested it with screwdrivers and that it was fine.

 

The ad stated that there was a bit of rust inside the doors and around the cab etc but it was only superficial. I assumed that meant that was the only rust on the vehicle, and that what rust there was was only superficial.

 

I won the box on ebay and when i took it home, my mum who is a lot less trusting than me, was concerned about the floor and took it to a lorrry mechanic who called her back and told her it was 'rotten as a pear', not worth spending any money on. I think he was referring to the chassis, which is the metal work that provides the floor support i believe. This means the box is absolutely unsafe for transporting horses due to the risk the floor will fall out.

 

Unfortunately I was trusting enough to pay by bank transfer. The ad said cash on collection only, but as i was in a hurry for horse transport and could not get cash in time for when i needed the box, i asked if she would accept a bank transfer.

 

Within a few hours of the bank transfer going into her account, I heard about the mechanics report on the lorry and called her and asked for a refund as the rust is obviously far more wide spread than stated and is deep seated, and the floor therefore unsafe.

 

She apologised and said she had already used the money to pay off a loan, and has since asked what she can do about it since she has spent the money. I have tried politely to resolve the situation with her as she has repeatedly told me she is fair and honest and i therefore assumed she would not want to have sold someone scrap metal for nearly £2000. Maybe she is within her rights, to sell a vehicle in this condition because she says she didnt know. But I would be very grateful if anyone can please tell me if there is any hope of me getting any money back since I believe the ad was misleading, whether or not it was intended to be and i have been sold something totally unfit for the purpose for which it was sold, and worthless.

 

Many thanks

[Kraken1]

was it a private sale or was the seller acting in the course of a business?

 

How exactly was the box described in the listing?

[Conniff]

How exactly was the box described in the listing?

 

That's the main crux to any resolution. Do you have a screenshot of the listing and can you post a link to it please.

 

Is it a self propelled box or a trailer?

[MARTIN3030]

Posts from other thread moved here-please stick to 1 thread -it confuses when you have them in other places !

[gadgetgirl79]

You need to put together evidence you have stating that the horse box was in good condition i.e. the advert, emails where you asked about the floor, and perhaps even note down that you verbally asked her when viewing, and seller's response.

 

Put all this in a letter to the seller, along with a copy of the report showing that it's little more than a heap of rust, and unsafe.

 

I would perhaps also get a quote to repair it, or is it beyond repair??

 

Send the letter recorded delivery, and state that the seller has 14 days to refund the money, and could she contact you on XXXX (telephone number) or via email to arrange when you can return the horse box.

 

If she doesn't reply, write again (recorded delivery) entitling it "Letter Before Action", and give her another 14 days to return the money and arrange a suitable date for horse box return, otherwise you will take her to the small claims court.

 

Most people will pay up at this stage...

 

(and if not, small claims court is done online and relatively simple! A colleague of mine used it for a car not as described on ebay, and won!)