a cautionary tale

[White Room]

I bought my van from a garage, at least I had some comeback...

Thats surprised me about paypal though

 

[SandyFloor]

Bummer that, Mike. Didn't realise that about losing credit card protection if done through paypal. I assume this guy's gonna get negative feedback from you?

 

[Ajax123]

Is there no recourse under the distance selling regulations?

 

[mikethetile]

Is there no recourse under the distance selling regulations?

not if you collect in person, distance selling is for mailed items

 

[brian c]

some people are just scumbags,cheers for the warning Mike,i hope he gets his comeuppence m8.

 

[user123]

Bummer that, Mike. Didn't realise that about losing credit card protection if done through paypal. I assume this guy's gonna get negative feedback from you?

Yes, negative feedback!! Really go to town with this, too ... tell him you will retract it if it's sorted to your satisfaction... he might not want the headache of it all after all...

 

[Dan]

Gutted for you mike.

Did the listing say anything related to the quality of the engine at all. Like 'runs perfectly and doesn't overheat, no black smoke from turbo' or anything like that at all.

And is there a way you can get ebay to check if the guy really is a trader listing as a private seller? Like send the log book in to them showing he bought it 5 days ago or whatever?

 

[faithhealer]

go get him mike

 

[mikethetile]

Gutted for you mike.

Did the listing say anything related to the quality of the engine at all. Like 'runs perfectly and doesn't overheat, no black smoke from turbo' or anything like that at all.

And is there a way you can get ebay to check if the guy really is a trader listing as a private seller? Like send the log book in to them showing he bought it 5 days ago or whatever?

Hi Dan

trading standards are onto the trading side of things and yes he has passed a trade sale through his wifes ebay a/c but its just takes time to prove it

interesting about the description though, it was described as being in reasonable condition, whats reasonable

is being told before the sale that the engine is sound when there was an existing fault being reasonable

is being told that the vehicle is fit to be driven home when it isnt , being reasonable

is jumping into a vehicle and expecting it to drive more than 30 miles being unreasonable

becouse off the way they vended this vehicle I have no protection underf existing legislation but neither do they have legislation to hide behind

the vehicle was outside the auction on the buy it now, once you have clicked the button you have bought it unless it is not as described then you can refuse the sale . they failed to disclose that there had been overheating problems untill after the engine seized and that they had to have the head skimmed

their problem now is proving that the vehicle was in reasonable condition as described

I can afford to lose the purchase price and im still looking at vans, but why should I let them away with it

you know what im like , im going to enjoy getting my teeth into them and making them prove in a court of law that the vehicle was in reasonable condition for sale

 

[Dan]

Mike,

I bought an Escort RS Turbo from Reading, paid £500 by paypal and paid the remaining £2,700 cash when I got there the next day. Drove it back the engine popped (literally blew up in flames, con rod poking out the bottom end and everything) put it out with tango (honest) and felt like crying a lot. Dragged it back, rung the bloke, he wasn't having any, said I thrashed it (I didn't, but only I knew that I guess).

So I filed a paypal thing and said I got the engine checked by a Ford Diagnostics Technician (I didn't even call them to be honest) and wrote a "report" that I'd received from ford :lol:

Got my £500 back, bought a new engine, that popped too, rebuilt that one, it popped again, gave the car away before it cost me a fortune. In fact I think I swapped it for an Aprilia RX125 which I gave away.

Play with paypal a bit and get a resolution case thingy open via paypal, not ebay.

Blag it mate, paypal protects buyers more than sellers. They won't want to upset their "protection" claims with too many cases where they don't take the buyers side as it's those they thrive on.

If it was less than 500 you're laughing, you'll get it all back. (You said a few hundred earlier in the thread I think?).

 

[mikethetile]

yes it was less the 500 Dan

had i got it home and had to source another engine I would still have been ahead financially at it would have been a nice winter project ready for work early next year,thats what im gutted about not the money as I have to find another one now that isnt covered in dents but just needs painting

thanks for the heads up on paypal , they advised us to ring the police and the police said were sick of paypal giving out that advice as its a civil matter

I will pester them as well as pestering the vendor. I have to write a letter of intent threatening legal action if its not resolved in 14 days

 

[CJ CERAMICS]

Sorry to hear about this Mike must be making you boil mate. I have had issues with Paypal's Protection clauses in the past but in the opposite way, i sold some items on ebay (porcelain figurines) which were payed by thru paypal and delivered by a courier company requiring a signiture. The goods were delivered and signed for (tracking number) but the recipient placed a problem with paypal to say that the goods had not arrived. Even though i produced a delivery invoice and Tracking number and a copy of the received document with a signiture Paypal still found in favour of the other party as they claimed that it was not their signiture. They then removed the payment (£350.00) and gave it back to them.

keep going for your money back mate....
chris

 

[Dan]

That sort of falls under the distance selling side of protection laws, as it's posted out. Though as Mike collected it, it's sort of taken as he accepted the contact (or deal rather). The only way you can get ebay/paypal involved is to claim it was described incorrectly in the listing and therefore isn't what you were lead you were buying. A single email written long enough with loads of facts in the paypal claims section was enough in my case, so just get some details from your mechanic and list points as to why it isn't what it says in the listing. List a few but ones enough normally.

Paypal are not shy of charging back monies when it's being claimed the seller is at fault. They don't want bad sellers so they protect buyers more these days.

Do it mike, do it.

As for the van, you say project, is this not a work van then?

 

[mikethetile]

yes it was a project Dan, I still have my work van to use. but im running mine around full of gear to jobs where I could fit what I need in a hatchback , so the task I set myself was to find a small . cheap to run diesel commercial for pocket money , do the repairs needed and then paint and signwrite it to show off my brush skills

im still loking at vw t4 as replacement for my renault so I would have a pair of matching slightly retro vans painted up traditionaly in a two colour scheme to make them appear older

trading standards just rang and asked me to write out a diary of everything said including times, dates etc

 

[mikethetile]

no CJ bloods not even slightly warm, things happen, its just a part of life and dealing with idiots. but I dont see why I should let it go though , im getting my money back as a matter of principle