Friendly and/or Legal advice needed?

connor66

Member
 Newcastle
Hi guys

I bought a 3.0 Z4 yesterday (Sunday) and absolutely love it. Bought from a local, genuine guy and I couldn’t be happier.

However, the day before was a bit of a tale of woe and I’m just wondering if anyone can help or advise me.

This is my first post and I apologise for it being such a bummer - I haven’t even joined the club yet (which I will).

I live 15 miles north of Newcastle and last week, I became interested in a Z4 advertised down in Mansfield.

Here is the link to the advert:

http://www.ebay.co.uk/itm/BMW-Z4-03-3-0i-SE-ROADSTER-IMMACULATE-PART-EXCHANGE-/180716098856?pt=Automobiles_UK&hash=item2a1384d528

As you can see from the description, it is described as “immaculate”.

I phoned the guy up and we spoke in depth about the car.

He advised me that it was the best, low mileage example that he had seen.

I pleaded with him to give me an honest appraisal as I had been badly let down before – travelling distance to see a car when someone has described it as “immaculate”, only to find it’s anything but immaculate when you get there.

He assured me he was an honest guy, and it was mint – I was excited.

After a couple of e-mail, texts and phone discussions we agreed on a price of £8,350.

I would also pay £150 for 6 months tax, bringing the total to £8,500.

I agreed to send him a £250 deposit by PayPal and bring the balance with me on Saturday (just gone).

I then booked my train ticket to Mansfield Woodhouse and couldn’t wait to pick it up.

He met me at the station, where the Z4 was parked up near by.

It looked really nice from 50 yards away, however, as I approached my opinion started to change.

The passenger side front wheel was badly kerbed – which in isolation, would not have deterred me from making the purchase – but there was never any mention of this.

Then the passenger door caught my eye – a 6” long x 1” wide scrape where the paint was clearly dull and scuffed – no mention of this either.

Walked round to the driver side – more scuffs on the driver door together with a quite obvious dent.

By now, I was starting to fear the worst – and this was only the first couple of minutes.

He invited me to take it for a drive, which I did.

We drove out of a smooth car park in 1st / 2nd gear, the rattles and squeeks from the hood (which was down) were pretty annoying to say the least.

Then we went on a country road where I explained to him that I’d like to do a pull from low revs through to 6,000 rpm just to make sure the engine was fine.

There was a massive stumble / hesitation at 4,000 rpm when I backed off immediately.

He said the car hadn’t been used for a long time and it would probably just need a good run out.

I tried another pull, which again stumbled and hesitated at around 4,000 rpm.

By now (probably even before then), my mind was made up – I was not going to buy the car, and I told him as much.

His response was: “so what do you want to do.”

I said that I’d like my deposit back as I thought it was the only fair thing to do – especially considering that I had come all the way down to Mansfield to buy a car which was described as “immaculate” and it wasn’t even running correctly – and I was now going to have to find my way home.

He said he did not have the £250 deposit on him but would PayPal it back to me, which I said was fine.

Disappointed (to put it mildly), I managed to book a return train home which cost me £76.

On the way home, I managed to pick myself up and thought – it’s only £112 (when you include the train fare down).

Better off wasting £112 and one day’s worth of time than spending £8,350 on the wrong car.

However, he has sent me an e-mail this morning saying that he has changed his mind regarding the deposit – so the £112 lesson is now a £362 lesson, which I’m a tad miffed about.

I rang him up and basically said that you have got to be joking (it’s just as well he wasn’t standing in front of me because I doubt think the temper would have stood that).

I said I was taking some advice on this, and left it at that.

The car was clearly not “immaculate” as described in the advert and I’d like to get my £250 deposit back if possible.

If I have to write it off as an expensive lesson, then so be it.

But I’d like to make sure first.

If anyone could help or advise it would be very much appreciated

Cheers
Gary
 
What a story! Sorry to read about your issues.

Can you not contact paypal? Did the fund come out of your credit card account? If so, contact them as well.

I am sure other members will give you better advice.

Keep us posted and good luck.
 
Yes, if you paid via paypal then claim / dispute via their online system - process takes about 3 weeks and will require a response from him to prevent an automatic refund to you.
 
Glad you ended up buying a car your happy with! Cant believe the nerve of some people what a twat :x I once nearly purchased a car from a private seller, nice bloke tons of pictures and copies of service invoices etc.. Decided last minute to pay for a inpection that highlighted a couple of grands worth of work! The seller never returned my calls and my Mrs stopped me from driving over 200 miles to smash his head of the car :x That was the main reason I bought mine from a Main Dealer and the Zed as opposed to a boxster! Hope pay pal recover your money :wink:
 
This sort off thing just grinds me , the cheek of people . If there one lesson to learn is never part with money unless you have seen the car.

If he has agreed to pay the money back than he should ,like previously suggested try those options first if not phone him and suggest if he doesn't pay up within a week than you have his address from the paypal transaction and you instructed a local dept collector agency to recover your costs and tell him that you dont care if it costs you the £250 to prove a point . Obviously you havnt but it will at least make him have a few sleepless nights for a week and a couple of late night withheld calls and hang up just after he answers would also help.( this is how you determine someones in ) You never know he may cough up .

Ok now try the sensible thing , is to phone the citizens advice bureau and ask what can be done.Or speek to a local solicitors and get your free 1 hour of advice.
 
You go to your Paypal account ... open a dispute with Paypal ... It will ask you if it is an item from ebay ... which it is ... and you link to the item ... Then you set out that:
a) the item was described as "immaculate" ... and confirmed as such by telephone call.
b) you paid deposit
c) on collection, discovered the item was not as described with dents, scratches, faulty engine, etc etc ... list all.
d) dealer agreed to refund your paypal account ... but when you got home, he said he "changed his mind".

Outrageous behaviour. If you do the above, you will get your money back ... 100% guaranteed ... might take a few weeks for it to happen. The dealer may .. if he is chimp .. come up with some excuse ... such as: "item was as described for its age" ... but just persevere, and paypal will give you the money back.

Do NOT contact your credit card company at this stage, because if you do so, you can forfeit the Paypal guarantee. Do the Paypal thing first.
 
P.S. In my humble opinion, looking at the pics, there is also something odd about the bonnet line at the front ... my guess is it has been involved in a frontal prang.
 
not as adviatized,no leg to stand on,1st pay pal, then legal, also claim expensives,did you take photos when you looked round car??? :x
 
You did one thing wrong and one thing right

The thing you did right was walk away (I did the same when I went to look at an S2000 a few months ago)

The wrong thing

Why on earth would you pay such a big deposit on something you hadn't seen

Unfortunately you can't trust anyone these days

The guy with the S2000 told me it was a belter, and If I didn't buy it he'd pay my fair home (he didn't)

My little trip to Lincon cost me 1 day of my life and £135.00 in train fares

He too asked for a deposit, I told him no way (cars don't sell as quick as they used to)

When I got to the train station, like yourself, I was horrified what I saw form about twenty yards away

As I got closer, I started to cry

I never even got out of the station, and needless to say I never drove the car

If it hadn't have been for cctv, he'd have had a sore mouth :roll:

Lesson learnt.....................

I bought my car local (not an S2000) but the Z4 I now have the pleasure of driving around in now

I told e-bay about this character, they replied he was being looked at................ whatever that means

Good luck with getting your deposit back

And remember, in future

Trust No One and keep your money in your pocket, it's a buyer's market

Until your lucky enough to get a good car from a nice person (which I think I did)
 
UPDATE

I just called your dealer

He said the car was in very, very good condition

There's a pinhead sized ding on one of the door's (he can't remember which one)

And one of the alloys have been kerbed

"You have to remember this is an 8yr old car" saying that "I would say it's one of the cleanest I've seen" (he should have gone to specsavers)

He had a guy come to see it at the weekend :oops:

He was very "Picky" about things :roll:

He must have thought he was coming to see a new car :o

He paid a deposit, then asked for it back

I've used it to tax and mot the car :o

Speaking to him....................I gave him loads of chances to come clean about any dent's ding's or scrapes

He came clean about the alloy and would take £40.00 of the asking price to get it fixed (sounds like a true gent)

The pinhead dent on the door is so small to even mention

If I were you......... I'd go back and get another test drive :thumbsup:
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And crash the F*cker 8)

He also states............ Previous Owners: 1

It's actually 2 :thumbsup:
 
Tino, no I didn't take photos when viewing the car (regret).

Scottish Clarky, lesson already learned mate - won't ever go there again. My biggest mistake was that I trusted him - I actually asked him on the phone before I paid the deposit - can I trust you? Is it exactly as you've described it to me? Got all the assurances and believed him, that's what's really hacked me off.

Anyway, it's all with PayPal now. Will keep you posted.
 
Hi,

I have been a seller in a similar situation (a gun, not a car) and the guy who bought it tried to rip me off, demanding money back/ off for "not as described"

Paypal can stop the money, or move it around as they see fit, so if you give them any evidence, they will refund the money to you with or without the say-so of the other party. They are entirely independant and very fair in my experience. Just tell them EVERYTHING. There are a lot of scammers and scumbags around who will rip you off and hope the old british trait of "never complain" stops you in your tracks.

Best of luck. If I lived anywhere near Mansfield I'd go get some photo's for you.

Steve
 
A sad thing to hear, that. Did he state in his email after you returned home that he had 'changed his mind'? If so, he's admitting he previously said he would refund the deposit - make sure you include that in your Paypal documentation. Also get a copy of the current ad, before the word 'immaculate' mysteriously changes to 'very good' or similar ...

im·mac·u·late (-mky-lt)
adj.
1. Impeccably clean; spotless. See Synonyms at clean.
2. Free from stain or blemish; pure.
3. Free from fault or error: an immaculate record.
4. Having no markings.

Good luck with your claim, hope it all works out for you - but the main thing is you escaped without the car, and were able to purchase a proper example. Have fun with that one ... :driving:
 
Cheers for the encouragement guys. He has stated in e-mail that he changed his mind and I do have a copy of the original ad.
 
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