Hi all
A little eBay/legal advice needed. Apologies in advance for the lengthy explanation. It’s an annoyingly strange/compelling predicament though, if nothing else. I would really appreciate any guidance on this.
I purchased my Z4 because the engine went on my previous car – an MR2 Roadster. After I bought the Z4, I listed the MR2 on eBay as spares or repairs. Predictably, the first auction was won by a complete timewaster so I proceeded with a prospective sale to an eBay member I had been chatting to throughout the auction, but who didn’t bid as it went for a rather high price. We agreed on a reduced price of £1500 and he assured me he had a way of getting the car back to his home – in Manchester.
1st visit – He turned up 6 hours later than agreed at 6pm, having apparently endured a terrible journey. Rather than getting it all over and done with, he simply checked the car over and decided to go back to Manchester and return again at an earlier time the following week. He insisted that I take a £200 deposit which he said would non-refundable should he not return to collect the car. He seemed uber-genuine and so I wrote out a receipt for him stating that I had taken his £200 deposit, and signed it. I did not however write that that this was non-refundable should he fail to collect the car – something which he is now holding against me.
2nd visit – he returned a second time with a friend and turns out his plan was to call out the AA, tell them that the engine knocking had only just started and try to get them to tow him home – even though he didn’t have relay cover at the time. The AA saw straight through it due to rust on the discs and cobwebs all over the car! So after another failed attempt, he said he would upgrade his AA membership and try again at the end of the month.
The weeks passed and after trying to contact him via text message, phone call, and eBay, I left him a voice message explaining that I would relist the car in one weeks time should he not instruct me otherwise. I did just that and 2 days in to the auction he popped up on eBay calling me a scammer, saying he has been trying to get in touch to collect and that I had effectively, scarped with his deposit. I messaged back explaining that I had tried desperately to get in contact, and besides, why would I leave the car losing money on my drive for over a month? I said that I’d gladly end the listing and proceed with the sale to him as agreed if he’d just call me. Obviously he didn’t call, but just waited to get in touch after the auction ended and someone had bought the car.
So, it’s pretty obvious now that he didn’t want the car anymore for whatever reason - most likely because he couldn't find a way of getting it back home, or that he found an alternative closer to home, so knowing that I'd be genuine enough to contact him YET AGAIN to tell him that after 2 months of our first point of contact that I was going to relist the car if he didn't tell me otherwise, he has waited until I had done just that so he could plead the victim like he’s doing now.
ANYWAY, the problem I have is that he is now threatening me with ‘selling the debt’ and getting a collection agency involved to recover his £200 + “costs”.
The annoying thing is, if he had just been upfront with me after his second visit, and just asked for his deposit to be returned – I would’ve done.
So, if you’re still awake – thoughts?
Many thanks.
A little eBay/legal advice needed. Apologies in advance for the lengthy explanation. It’s an annoyingly strange/compelling predicament though, if nothing else. I would really appreciate any guidance on this.
I purchased my Z4 because the engine went on my previous car – an MR2 Roadster. After I bought the Z4, I listed the MR2 on eBay as spares or repairs. Predictably, the first auction was won by a complete timewaster so I proceeded with a prospective sale to an eBay member I had been chatting to throughout the auction, but who didn’t bid as it went for a rather high price. We agreed on a reduced price of £1500 and he assured me he had a way of getting the car back to his home – in Manchester.
1st visit – He turned up 6 hours later than agreed at 6pm, having apparently endured a terrible journey. Rather than getting it all over and done with, he simply checked the car over and decided to go back to Manchester and return again at an earlier time the following week. He insisted that I take a £200 deposit which he said would non-refundable should he not return to collect the car. He seemed uber-genuine and so I wrote out a receipt for him stating that I had taken his £200 deposit, and signed it. I did not however write that that this was non-refundable should he fail to collect the car – something which he is now holding against me.
2nd visit – he returned a second time with a friend and turns out his plan was to call out the AA, tell them that the engine knocking had only just started and try to get them to tow him home – even though he didn’t have relay cover at the time. The AA saw straight through it due to rust on the discs and cobwebs all over the car! So after another failed attempt, he said he would upgrade his AA membership and try again at the end of the month.
The weeks passed and after trying to contact him via text message, phone call, and eBay, I left him a voice message explaining that I would relist the car in one weeks time should he not instruct me otherwise. I did just that and 2 days in to the auction he popped up on eBay calling me a scammer, saying he has been trying to get in touch to collect and that I had effectively, scarped with his deposit. I messaged back explaining that I had tried desperately to get in contact, and besides, why would I leave the car losing money on my drive for over a month? I said that I’d gladly end the listing and proceed with the sale to him as agreed if he’d just call me. Obviously he didn’t call, but just waited to get in touch after the auction ended and someone had bought the car.
So, it’s pretty obvious now that he didn’t want the car anymore for whatever reason - most likely because he couldn't find a way of getting it back home, or that he found an alternative closer to home, so knowing that I'd be genuine enough to contact him YET AGAIN to tell him that after 2 months of our first point of contact that I was going to relist the car if he didn't tell me otherwise, he has waited until I had done just that so he could plead the victim like he’s doing now.
ANYWAY, the problem I have is that he is now threatening me with ‘selling the debt’ and getting a collection agency involved to recover his £200 + “costs”.
The annoying thing is, if he had just been upfront with me after his second visit, and just asked for his deposit to be returned – I would’ve done.
So, if you’re still awake – thoughts?
Many thanks.
Liverpool
