Northern Auto Tech - ECU and Blue & Me Repairs

Car selling woes...

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Car selling woes...

It does not matter whether you knew or did not know about the head gasket, it was up to the buyer to inspect the vehicle or have the RAC / AA inspect the vehicle before he bought it.

The saying is 'buyer beware', it was a private sale, he has absolutely no come back on you, he was very lazy about ensuring the condition of the vehicle so everything that is now wrong with it is his problem.

Tell him politely to go away or you will make a complaint of harassment and get a restraining order against him.
 
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I doubt this guy even has a solicitor, any lawyer worth his fee will throw him out of the office and tell him to fix the car himself.
 
yeah but you cant blame him for trying to use the S word to scare bushboy. its often works with people who do not understand the legal system.
 
now we need to consider the more important issue, what car will bushboy get next?

then again does it really matter, you'll only sell it a few weeks later :p
 
Bushboy said:
He could do but the item was recieved as described and so he surely wouldnt get it back? In the paypal dipute things, do they not contact both parties about it?

Plus if he does that then legally he owes me money.
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I'm sure paypal are used to people trying to get their money back after buying in haste.

Paypal would have to speak to both parties or everyone would dispute and get their money back, even if they were happy with their purchase.

It's true what they say..... buy in haste, repent at leisure.
 
Bushboy said:
He could do but the item was recieved as described and so he surely wouldnt get it back? In the paypal dipute things, do they not contact both parties about it?

Plus if he does that then legally he owes me money.
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he can start an item not recieved dispute.okay its rare on cars but paypal dont accept any method bar tracked/signed delivery methods.
you could have a picture with you,the buyer and the queen with DNA evidence and paypal wouldnt accept it :eek:
okay im stretching the scenario but its never advisable to accept paypal on any collected item as you leave yourself open for chargback
 
as far as I can see, from your original post, he doesn't have much of a leg to stand on, if he was atall concerned about the car he would have arranged an 'inspection' by the rac as they provide some sort of guerentee on stuff inspected I think.


fugging nice car though, and for £900 frigging bargain, I honestly don't know what he's complaining about.
 
A bit of an update on this for anyone interested. I have gone againced my word and replied to his email but I will post them bellow to get your judgement on them :)

He seems to have changed his tone a little. Rather than demanding money back he seems to have calmed down and hasnt thrown the S word about this time either...

hi there i totally understand what you are saying, but what does not add up is the length of time you had the car for. you told me you had lost your job and you could not afford the insurance. how long did you have the car for? as it only takes 3weeks to get your log book from dvla! insurance is a monthly thing! i have contacted the officer of fair trading, and they say if it is listed as nothing wrong, when there is, i definately have a case. i am no mechanic either matey to me it sounded like the tappets because of the hydraulics. but when i got the rac guy out he told me that it is a compression problem which would of happened recently. it made me think you have only sold the car because of the problems it will cause and not because you have lost your job. all i am asking is for your good will, so can you help me get the car sorted, im only asking for you to pay a 1/4 of the price, when it goes to the garage 2moro? i will let you know the cost regards gibby.
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Now for the record, I have just lost my job. All because of my sodding beard lol. The sale was both a mixture of "im bored of this already" and "I could really do with the money over christmas now I wont be getting anymore in"...

Heres my reply -

I sold the car because I lost my Job. Simple as. I already told you I only had the car a few weeks hence why I do not yet have the reg documents.

I sold the car as listed with a problem. The description clearly states that there was a starting problem with the car. I did not state why as I do not know why. Having only owned the car for a few weeks and loosing my job literally 4 days after buying it, I did not think it was worth looking into the problem as the car always started even if this was sometimes after a few goes (as stated in the description). If you had read the description fully then you will have realised that you were buying a car with an intermittent starting problem. I did not advertise the car as being sold with no problems.

You also say that the RAC said the damage would have been done recently. You have been in possession of the car for 3 days now and therfore it is quite possible that the damage has been done whilst in your possession. In which case I have no reason to pay you for any repair costs.

The length of the time I had the car has no relevance to why I am selling it. If you want me to prove my loss of job then I can get my previous employer to write to your solicitor. I do not like being branded as a liar over my personal life which is nothing to do with selling a car.

As already said in my previous email. You bought a car from an internet auction without viewing, test driving, or even so much as asking a question via email. The starting problem is clearly stated in the description and you have clearly overlooked this.

If you wish to take this further I suggest you speak to your solicitor as emailing me doesnt really solve any problems.
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Possibly a little agressive on my part but tbh as I said to him, I do not like being branded a liar over something completly unrelated.

Basically I think he has realised that he isnt going to get anywhere legally and so is trying to win me over and make me feel sorry for him. he says he contacted fair trading who said if it wasnt listed with a problem then he has a case... but it was and im sure he has noticed this. Also he hasnt mentioned the S word again this time so I thought ide remind him that he always has the option :p
 
dont pay 25% of the repair costs. it is 100% his responsibility so he should pay 100% of the cost and learn 100% of the lesson. you can tell in the most recent email that he knows he is buggered, thats why he's begging.
 
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And so it continues...

Today I recieved an email from Paypal to say that a disputed had been opened about the £200 deposit the guy had paid via ebay. In the dispute was the message :

the car does not drive, it is stuck on my drive, and cant move it. i am not happy, and i see that you emailed the guy you bought it from, and told him that other things were wrong with it. i am not happy, you should learn to be honest. but what goes around comes around.
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For the record, he says I emailed the person I purchased the car from to say other things were wrong. This is incorrect and I actually left feedback saying :

Few undescribed problems with car but others excellent ebayer
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At this point I was refering to the fact that it somtimes had trouble starting, not that the head gasket had gone (to which I was unaware).

On the dispute I then left the message :

Unfortunatly the money you are trying to claim back via paypal was agreed by you as a non-refundable deposit. EG. it cannont be claimed back. By agreeing to buy the car, you agreed to make this payment which was requested as NON REFUNDABLE.

The Car was sold as seen and drove perfectly fine when it left me. Whatever you have done to it since is not my problem and you need to learn that when you buy a car, you do so at your own risk and that by not viewing or inspecting the car, the onus is on you to pay for the repair. I was not aware of the reason for the car not starting and the fault was intermittent as described in the auction. This is how you collected the car and were perfectly happy to pay the remaining balance to take the car. The way you drove the car home has probably determinded the fact that it does not start on your driveway. This is not my problem as the car left me as described and you were perfectly happy with this or you would not have taken the car.

You say the car is stuck on your driveway? If this is my fault then how comes you managed to drive away from my house no problem and use the car for 2 days without any problem?

As said already. The money you are trying to claim (via paypal) is a NON REFUNDABLE DEPOSIT. DEPOSIT is a payment that secures your purchase and in most cases is non refundable. You have no right to this money as you purchased the car as described and continued through with the sale. You obviously did not read the description of the car fully and this is your fault. Not mine.

I think you need to grow up and admit fault for purchasing a car LISTED AS FAULTY and then expecting it to be perfect. As you have obviously not read the description fully, i suggest you reread it http://cgi.ebay.co.uk/ws/eBayISAPI....m=150189979084&ssPageName=STRK:MESO:IT&ih=005
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Now paypal leaves you with 2 options. You can either battle it out as buyer and seller via the dispute form and get nowhere OR you can state your case and paypal will decide on whether to refund the money or not. They state that if the case is not conclusive they will contact either the seller or buyer to get further information to make a decision. My "testomonie" is as follows :

I sold the rover 218vvc coupe via Ebay as listed with a starting fault.

Please see : http://cgi.ebay.co.uk/ws/eBayISAPI....m=150189979084&ssPageName=STRK:MESO:IT&ih=005 for the full ebay listing.

The buyer purchased the car via the "Buy Now" option on ebay for £900. He did so without viewing, inspecting or even so much as an email about the car. He paid the full requested NON-Refundable deposit via Paypal (of £200) and then came to collect the car a few days later, as arranged.

On collection I mentioned the starting problem to the buyer and explained that the fault was intermittent. He inspected the car (which started first time) and then agreed he was happy and paid the remaining balance on the car (£700). The buyer then left POSITIVE feedback on ebay the following day.

2 days later I recieved an email from the buyer claiming the car would not start and that He wanted a full refund. He also threatended with me legal action via his solicitor. I replied explaining that the car had a starting fault and that this was listed in the ebay auction.

I then got an email from the buyer stating that he now only wanted a 1/4 of the repair costs of the car. I again replied saying that if he wanted to take this further he should see his solicitor.

The paypal dispute is the latest action from this buyer. The money he is trying to claim is legaly binded via ebay auction rules as a NON REFUNDABLE DEPOSIT to the car. By bidding, he agreed to make this deposit and therefore has no claim to it as the car was listed correctly and as described when he collected it.

I have contacted the Citizens Advice Beureau and they agree that the buyer has no claim to a refund as the onus is on the buyer, in private car sales, to inspect and ensure that the car is to the standard they require. The buyer inspected the car on collection and was happy to part with his money and drive away, therefore the car must have been acceptable.
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Now if you go do read the original desctiption it clearly states :

On the end of the auction I require a £200 non-refundable deposit via PAYPAL to secure the car. Regardless whether to intend to collect quickly, I need this deposit. If you cannot or do not wish to pay the deposit then please do not bid!
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As you can see I clearly state the the deposit is non-refundable. I also state that if the buyer cannot or DOES NOT WISH to pay the deposit then they should not bid. By choosing to bid and pay the deposit, the buyer has obviously agreed that the deposit is NON REFUNDABLE and that they are not entitled to recieve a single penny of it back.

Saying that, there is probably a loophole in that the buye could say the car was not to an acceptable standard and not as described but then surely he overwrote this loophole by paying for and taking the car, as seen when he came to collect and inspect.

Please tell me I am in the right here? This has really got me stressed now :(
 
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Just to add to the story. I logged into my paypal account to see if there was anything new to find that the dispute was no longer there...

I checked my gmail account to find :

Dear Chris Dawson,
You have chosen to escalate this dispute to a PayPal claim. By ending
communication with the buyer, you are asking PayPal to investigate the case
and decide the outcome. As part of our investigation, PayPal has reviewed
any communication you may have had with the buyer in the Resolution Centre.
We have received a complaint from a buyer who stated that merchandise you
sent them did not match your original description. The buyer is disputing
the quality of goods associated with the transaction detailed below.
As you may already be aware, PayPal's Buyer Complaint Policy applies only
to the delivery of goods and not to complaints about the attributes or
quality of goods received through an eBay transaction. Therefore, we will
not conduct an investigation into this matter at this time.
We do, however, reserve the right to begin an investigation within 180 days
if we determine it is necessary.
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From paypal... Now to me this means that paypal are NOT going to look into the case but could do in the future if they feel it necessary? So for the time being does this mean my money is safe? :confused:
 
i've just read through the ebay listing..and tbh i can totally see where he is coming from.

The only mechanical problem I can see with the car is that occasionally it will need use of the throttle to start it.
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That says nothing about it not starting, just that you need to touch the throttle to start it.

He should've inspected the car more throughly before buying it - but still, there is nothing to suggest the car is not going to start - just that it needs the throttle to start it sometimes.
 
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