Please help- think we're being scameed, dont want to lose more money- help!

[Peachy]

Sorry if I don't reply immediately, got to go out will but would be grateful of advice for this afternoon.

We sold a car on ebay last week for the princely sun of £450, best offer. Chap came to collect it Friday, not a problem. Dh went and collected him from the train station, and brougt him over- did all we can to help, even got garage to check car over and complete minor repairs. he sent us an e-mail stating he only wanted it for 2 weeks over half term (Espace) to take kids out and abot then was selling on.

next day we had e-mail to say car had blown a head gasket. This was not a problem before- indeed, hgarage had checked, and Dh ahd driven to work (60) since the garage check. We had offered to collect man from train station i busy city centre so we would have noticed if there was a problem.

We immediately offered a full refund- just don't want to go there atm, easier to do, I'm heavily pg and we ARE straight honest types.

Now chap is refusing to take refund and saying he will tkae us to small calims for los of earnings, even though we have the email saying car not for work AND he told us he ahd 2 weeks off for half term. he refuses to reveal extent of claim to us so we are nto able to sort out in any way.

He still ahs the catr, complete with DVD centre, cd changers, exhausts, tyres etc- we have not been given a chance to see or retrieve. he mentioned that hes ells on DVD units as a side trade, so we think its a scam- he now ahs car, wants the money back, AND extra oney on top!

We ahve offered the refund ten times now and he still willnot accept, just says will see us in court. Surely that's somewhat unfair?

Any advice gratfully received!

We did make a mistake on the isting but we admitted that to him before we took the money and gave him aple chance (in our own home- as if we'd bring him here!) to check all documents and choose whether to accept. he never chose to view thecar at any stage.

We don't mind paying the refund (well we do but- there you go), we can't afford any extra money though. It seems we are beings cammed as we know the car could be broken down and sold for a a lot of spare parts / etc, and I say he wont return the car.

[AlistairSim]

Does sound very dodgy!

I would make sure you keep a record of all contact you have from him and try and make sure it goes through ebay.

I think he's trying to scare you into offering him money not to go to court, the bugger!
Wouldn't have thought he had a chance, your obligation would only to offer a refund on return of goods.

Just tell him you're looking forward to your day in court.

[TheBlonde]

I assume he paid cash?

I think it is buyer beware so I wouldn't have even offered a refund tbh

He is trying it on

[GappyLaBore]

get legal advice.
go to CAB at v least.

[Crunchie]

peachy It is 'buye beware' at ebay TBH

IMHO you need not have offered the refund, it was not your fault from the minute he drove away.

I v v much doubt he is persuing anything, but some poeople would cough up and be scared.

You arebeing scammed.

I had this once on ebay, sold a pram - woman wanted to go 'off ebay' and buy it now - it was early days as a seller fo me. So I said yes OK

She sent me the money - all good, then claimed the pram was broken. I had paid extra for postal insurance, so I suggested she claimed off that as it ws NOT broken when I sent t.

[yurt1]

Tel him you'll see him in court. He sounds as if he's trying it on. Keep all correspondence you have been more than reasonable.

If he had bought from a trader he would have more rights. But buying from a private individual basically means 'buyer beware'.

This is from the trading standards website, perhaps send him the link then leave it:

Private sales

There are some situations where your legal rights will be reduced.

The general rule is ?let the buyer beware? when you buy from a private individual. It is up to you to find out whether the car is of satisfactory quality, to make your own checks on what you are told and to take responsibility for your choice, as the seller is not liable for the satisfactory quality of the vehicle. You are still entitled, however, to expect the car to be ?as described?. If the advertisement says ?2000 Ford Focus? or ?excellent condition? then it should be exactly that. It is important to remember that it may be much more difficult for you to enforce your rights against a private individual.

Whether you buy privately or from a motor trader, you are entitled to expect that the car is roadworthy when you buy it, unless you and the seller clearly agree it is to be sold as scrap. You should take note that a car sold with an MOT Certificate does not necessarily mean that it is roadworthy.

You are also entitled to expect the seller to have ?good title? to the car. In other words, to be the owner or authorised by the owner to sell it. If you buy a car later found to be stolen, you have no legal right to keep it. You will have to try and get your money back from the seller.

[katz]

surely this is no different to buying a car out of the newspaper, its the luck of the draw. i would call his bluff and say take us to court.

[yurt1]

I think having the garage check everything over means it was sold as 'roadworthy'.

He won't get anywhere with small claims. Keep the correspondence and ignore him. I wouldn't offer him a refund again either.

[sixlostmonkeys]

yup - all of the advice above.

don't offer another refund.
tell him you will happily see him in court and you do not want any further contact with him until the day of court.

he doesn't have a leg to stand on tbh - i doubt the courts will even accept his case given that you have offered a refund. loss of earnings? what a joke. the courts will simply tell him to take control of his life (and maybe ask whether he is paying tax on the earnings he makes from the dvd units)

I know it's easier said than done but try not to worry about this - he is trying it on (he is a nutter) and he doesn't stand a chance

[Peachy]

Thanks everyone.

Dh was worried about negative feedbacka s he has a shop on Ebay that we will be aprtly reliant on when I finish Uni ina few months (only person I know whose Mat leave starts when baby is 3 months old LOL), but he decided after reading all the posts to stick his gorund a bit mroe and in the end bloke took a small refund and agreed to bugger off (£200).

very much appreciated, lots of thanks again.

Ps yes we do pay tax on the ebay shop LOL

[quint]

So let me get this straight - he wanted a refund plus extra money and he was keeping the car!!!!!!!!!

I would have told him exactly where to shove it and see you in court. IMO he was trying it on

[Nemoandthefishes]

peachy agree with others..also re the neg if it does come to that then fine..you can always contact ebay about removal later if it is proven unfair.

[Peachy]

I think if it ahdn't been for dh's shop he'd have fought ahrder to keep the money- the car had a dvd player, new tyres / exhaust / cd changer unit installed / several months tax so plenty of cash in it

He did say he'd have the cash and we could have the car returned.... if we paid his mate a fee to return it , we ignored that LOL!

Worth knowing the scammers are abot though, won't be so trusting in future.

[sixlostmonkeys]

sorry but I don't get this - you would rather lose £200 than get a red dot on a page? A neg won't affect your business, and once the feedback changes come in you will be getting loads of negs (and lots more blackmail)
sorry if i sound harsh.
sorry too re the tax man - I thought it was the other guy who was selling dvd units