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Lee
28-05-2008, 12:15 PM
Right, i have just sold my old car on ebay, the fella paid me last saturday when he took collection of the car, left positive feedback etc.

Now he is calling me, saying the clutch is juddering ( this was new in dec) and various other problems like a wheel unbalanced etc, and he also thinks the head gasket may have gone this morning, which i severely doubt as i drove it there on saturday and it was fine, i had also used it all week for work, travelling 80 mile a day.

I assume he wants his money back now, but he has mailed me saying he will be coming round to my house when he finds out my address from the registration document and in his words it will not be nice.

Has anyone got any advice, please note i would not sell anyone any dodgy goods. I do my best to maintain my 100% feedback on ebay.

Northy
28-05-2008, 12:20 PM
Has anyone got any advice.......

Move? :confused:

G

mark christopher
28-05-2008, 12:21 PM
sold as seen, he bought it after seeing it, its second hand and i dont see he has a leg to stand on.

email him back saying you have taken his threat to the police, who will be contacting him as you have his address

Wraggy
28-05-2008, 12:25 PM
most probably idle Threats Lee to be honest , buying private you have no come back and is sold as seen, there the risks you take (and trust me i know having shelled out £3000 for a new engine 4 weeks after buying a car private.
unless he has actually made threats to you then i dont think you can do much mate, if your really worries i would just telephone you local police station and seek a little advice and say that you feel threatend by him , they may just send a local squady car round just to have a few kind words with him ..

Lee
28-05-2008, 12:26 PM
Cheers Mark,

Thats what i thought, i just didnt know if it was legally correct, i thought the fact that he had left positive feedback as well also goes against him:confused:

dave g
28-05-2008, 12:26 PM
i would tell him hes welcome to come around but remind him that you have a security cam over your front door and it always automatically records visitors..then tell him what mark said and give him marks address :)

25pie
28-05-2008, 12:34 PM
BEAT THE SHIT OUT OF HIM WHEN HE COMES AROUND!!!:lol:

sparrow.2
28-05-2008, 12:37 PM
Head gaskets do blow occasionally, especially on old cars. You have no way of telling when. He might ave driven it without coolant... The unbalanced wheel might have been him parking like an idiot and if the clutch is juddering after 6 months he can take it up with the garage where you had it installed.

If he was after a new car he shouldn't have bought it over ebay! Bought as seen!

If he does turn up at your house make him a cup of tea and if he turns nasty run back in and call the cops. If he rings to say when he'll be there just have a mate around conveniently...

It's all probably a load of hot air anyway ;)

Kecky
28-05-2008, 12:39 PM
You big softy :lol:

Lee
28-05-2008, 12:44 PM
Cheers boys, its not really me im bothered about but the girlfriend and kids while i go away to work, they dont need that sort of crap.

Supposedly he has been onto ebay and they are sending out the RAC to inspect the car to see if it as per the description. Im not sure if they really do this.

If they do though and they come back saying the head has gone who`s fault will it be.:confused:

Southwell
28-05-2008, 12:48 PM
Can't see that happening myself, Ebay will not care to that extent, and even if they did he would have to pay RAC.

Wraggy
28-05-2008, 12:48 PM
If they do though and they come back saying the head has gone who`s fault will it be.:confused:
His Lee , as i said car is sold as seen and im sure he took it for a test drive and was happy with it ??
people when purchasing a car can pay for the RAC or AA to do an inspection while there to be on the safe side but thats up to them ..
i really dont see it as being your problem anymore ...

Kopite
28-05-2008, 12:55 PM
depends on whether it was paid through paypal mate, cos it can go to a tribunal then.

if it hasn't, you're fine. If he still gives you shit, send Wraggy his address, so he can 'pay a little visit' to him :woot:

Wraggy
28-05-2008, 12:57 PM
If he still gives you shit, send Wraggy his address, so he can 'pay a little visit' to him :woot:
for a small fee of course ;), or a bigger fee i can get some people to do some real damage :woot::thumbsup:

Lee
28-05-2008, 01:00 PM
It was all paid in cash stan :)

millzy
28-05-2008, 01:03 PM
im in

Doomanic
28-05-2008, 01:07 PM
Supposedly he has been onto ebay and they are sending out the RAC to inspect the car to see if it as per the description. Im not sure if they really do this.

He's pulling your pisser Lee.
Ebay won't give two shits about it as long as it doesn't affect their fees (which it won't)

I hope you put sold as seen somewhere as that gives him no recourse whatsoever, even if you didn't he'll have a job proving anything.

Kopite
28-05-2008, 01:11 PM
im in


denial?

stegger
28-05-2008, 01:11 PM
Lee, if he give's you any crap or the family. Twat him, i hate bully's and it's the only way to sort them out:mad: Failing that send kick off keck around...

rcluke
28-05-2008, 01:12 PM
dont beat the shit out of him, you won't have a leg to stand on then.

if he comes to your house and threatens you, get the police involved !

If you sold it as seen, and he bought it he can sod off in my eyes.

millzy
28-05-2008, 01:15 PM
denial?


Hey im from cardiff, we use wepons duh

Lee
28-05-2008, 01:18 PM
Here is a response i have just received from the durham police helpdesk

Thank you for your e mail, firstly selling goods on any internet site as an individual (rather than a retailer) constitutes a private sale and therefore buyer and seller are not covered by the Sale of Goods Act (which says everything you buy should be of satisfactory quality or able to be returned if faulty). Also unless you are buying from a business advertising on e Bay, you are not protected by the Distance marketing Directive which allows you to cancel an order and request a refund from an EU retailer within seven working days without having to give a reason, You are also not covered by the Consumer Credit Act, in simple terms the buyer does not have any comeback with it being a private sale and if he wishes to take the matter further it would be classed as a civil matter and dealt with via a Solicitor.

jimmy
28-05-2008, 01:20 PM
BEAT THE SHIT OUT OF HIM WHEN HE COMES AROUND!!!:lol:

hahahahaa that's ace

Garry Driffill
28-05-2008, 01:27 PM
Here is a response i have just received from the durham police helpdesk

Thank you for your e mail, firstly selling goods on any internet site as an individual (rather than a retailer) constitutes a private sale and therefore buyer and seller are not covered by the Sale of Goods Act (which says everything you buy should be of satisfactory quality or able to be returned if faulty). Also unless you are buying from a business advertising on e Bay, you are not protected by the Distance marketing Directive which allows you to cancel an order and request a refund from an EU retailer within seven working days without having to give a reason, You are also not covered by the Consumer Credit Act, in simple terms the buyer does not have any comeback with it being a private sale and if he wishes to take the matter further it would be classed as a civil matter and dealt with via a Solicitor.





That sounds like some good advice Lee ;)

mobile chicane
28-05-2008, 01:33 PM
Had this ages ago with an old fiat x19 I sold private sale sold as seen as soon as they drive it away from your house its not your problem.

He could have clipped a curb 1/2 a mile down the road or thrashed the tits off it all the way home. NOT YOUR PROBLEM.

When it happend to me A friend in the legal profesion told me that it is buyer beware and there would be no legal leg for the buyer to stand on as no warnty was inplied or given with the car, on hearing this the nobber who bought my old fiat grumbled then never contacted me again.

As for threats of violence set your mobile phone to record both sides of the conversation then phone the guy and politley explain that he aint getting his money back make sure you get him to say his name ( this is easier if he phones you ( you " who is this " him "its mrxxxxxx" ) then any threats of violenceare there for the fuzz

Lee
28-05-2008, 01:34 PM
I have just spoken to the Dvla as well and they said that they can remove my name and address from the registration document if i enclose a letter when i send it off explaining the circumstances. :)

Southwell
28-05-2008, 01:49 PM
Wouldn't he have your address when he got the confirmation of winning from Ebay? You get it on the payment screen don't you?

Nick Goodall
28-05-2008, 02:15 PM
I was going to say finding someone's address isn't exactly hard anyway - if you're on the electoral role pretty much anyone can get your address but it shouldn't matter.

I'm sure you have his address, and no matter what he's saying it sounds like he's just trying to scare you into giving some of his money back.

The right thing to do is make the police aware so that if anything happens they know straight away.

What i don't understand with these people is that they think it's big and clever to threaten you and yes they may be big and scary but how do they know you're not a complete psycho or know some stupidly dangerous people?? It's a risky business confronting someone like this when you have no idea of their background or friends/family!

antnee
28-05-2008, 02:20 PM
got the link to the sale matey?

I work for an auctioneers, so may be able to shed some light on the matter

Lee
28-05-2008, 02:23 PM
On ebay it says they only give out the address if you accept payment by mail

Lee
28-05-2008, 02:26 PM
Here you go antnee,

i was just trying to be as honest as possible, i also didnt think i would get any complaints so didn`t put sold as seen.

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&rd=1&item=170220772083&ssPageName=STRK:MESO:IT&ih=007

MikePimlott
28-05-2008, 02:29 PM
A bid is a binding contract and you BID TO BUY. He should have viewed the car before bidding. As ebay recomends. Sold as seen, Anything that has gone wrong now after the sale is his problem.

I dont think Ebay will send anyone round to inspect the car or they would do this before your allowed to list it.

As others have said if he has threatened you via email print the email and keep copies for the Police.

bigred5765
28-05-2008, 02:30 PM
as he didn't use paypal to pay, and left good feedback he hasn't got a leg to stand on, simple sold as seen, he looked it over before he paid went on a test drive, then agreed to buy it, his tuff shit,he is trying to blag a few quid out of you,just reply sorry sold as seen you inspected it before you bought it agreed to pay said price,

Southwell
28-05-2008, 02:30 PM
A car with 214k on the clock could go at any time, granted most go for ages but for 1k thats a bargain!

Lee
28-05-2008, 02:33 PM
Cheers boys, i didnt think i had done anything wrong, its good to see people are thinking along the same wave length as me.:)

MK999
28-05-2008, 02:34 PM
It's french and he's complaining it's falling apart? :woot: and 214k on the clock too, what he was expecting tbh? :eh?:

antnee
28-05-2008, 02:36 PM
the description is fine, although you haven't stated 'sold as seen' nothing else in that manner is implied so the buyer can't really do anything.

Do you know if there was any sort of warrenty with the clutch? Might be worth a quick phone call to the garage that fitted it. But as Southwell said a french car with 214k is a bit of a miracle :lol:

Northy
28-05-2008, 02:38 PM
I was just going to mention the French car thing, he must be mad.... :woot:

G

rcracer
28-05-2008, 02:38 PM
(Please note you are bidding to buy the car not to come an kick the tyres)

i like that :thumbsup:.. seriously though lee hope it all works out ok, he sounds a knob.

Nick Goodall
28-05-2008, 02:41 PM
Whether you put sold as seen or not doesn't matter because factually that's the situation, nowhere do you mention warranty or money back if not satisfied - it is literally Sold as seen as with any purchase on Ebay.

Lee
28-05-2008, 02:42 PM
the description is fine, although you haven't stated 'sold as seen' nothing else in that manner is implied so the buyer can't really do anything.

Do you know if there was any sort of warrenty with the clutch? Might be worth a quick phone call to the garage that fitted it. But as Southwell said a french car with 214k is a bit of a miracle :lol:

I think there was some sort of warranty with the clutch, i will give them a call and see what they say, it was a big clutch specialist so im sure it will be covered

Kopite
28-05-2008, 02:48 PM
the reason why i mentioned about paypal earlier is because i sold something on ebay, stating that i don't offer refunds etc... when they recieved the item, they complained that it wasn't as it looked in the photo. It was, she just clearly changed her mind. she took it to paypal, and WON!!! Paypal contacted me asking me to refund her, but i never bothered cos she never sent the item back, but the point is, paypal totally stiffed me over it!!!

be careful when using paypal :thumbdown:

...and don't eat yellow snow

mark christopher
28-05-2008, 03:00 PM
lee
send him the email from the police, also note they have his address and are aware of his threat, im sure then he will disapear

mark christopher
28-05-2008, 03:02 PM
could allways send him some grief from your spoof accounts

http://myworld.ebay.co.uk/babyhow2/

Doomanic
28-05-2008, 03:08 PM
If he does come round, you could always use THESE (http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=130103454476) to scratch his eyes out!:lol:

http://i19.ebayimg.com/07/i/000/93/eb/0e38_2.JPG

ashleyb4
28-05-2008, 03:18 PM
I think we should all go around to lee's house and wait for him to come round. As long as there is free beer im up for it :p

A

Lee
28-05-2008, 03:18 PM
May i just say that my girlfriend uses my account sometimes :lol::lol:

Doomanic
28-05-2008, 03:24 PM
I think we should all go around to lee's house and wait for him to come round. As long as there is free beer im up for it :p

A

I think that's a great idea. I mean, when faced with a choice of Ash or Wraggy fighting in my corner, I'd pick Ash every time...:eh?:

Jonny69
28-05-2008, 05:22 PM
When buyers pay through Paypal always transfer the money to your personal bank account before sending the goods.

I know two people who have been done with this scam, one got his item back via a bit of `physical persuasion`. The other didn`t.

Both times we believe the items arrived and the buyer complained to ebay the item was never posted, before you have had time to repsond they have frozen your paypal account and removed the money. Paypal are not to be trusted with your money anytime.

On anything over £50, the first thing I do is remove the money from the paypal account. Then when the ebay buyer complains it is a much more lengthy process to get their (your) money back. Also the banks do not play ball with paypal so once it is your bank account it can not be removed. Then the small claims court etc have to be involved. Scammers have long given up by this point.

Hope this helps no honest sellers get caught by Paypal. Jonathan

P.S I know this is slighty off topic, but hopefully it will mean that paypal dont screw anyone else over.