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Used car sold privately through Ebay

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  • Used car sold privately through Ebay

    Hi all,
    I sold my old car through Ebay, the ad was very comprehensive with all the faults, and listed as no returns. A guy bought the car on the 20th August 2014. after a test drive, and he was receipted sold as seen. He paid through paypal. On the 24th October (65 days later) I get an email out of the blue asking for a refund because there is some problem with the immobiliser, and he says i must have known about it; i advised that the car has never had a problem with the immobiliser, and it worked perfectly fine when he drove it before buying, and obviously in the 60 odd days he's had it before making a complaint! Various emails back and forth, and it now changes to it hasn't been working since September (Why still no contact between sale and then?) and as i handed over a very comprehensive service history and bills etc, he's seen that a i bought a battery for the car in 2013, and incinuating this was because the problem was known; it was changed because the previous battery was from manufacture, some 11 years old! and even then, it had an MOT in June and passed with flying colours, only the advisories which were listed on the auction.
    The latest email is that the vehicle was parked up so i knew it wasn't working! and that's why i bought a new car! The vehicle was parked up for three days as i bought my new diesel car and the insurance was changed to the new vehicle, as i wasn't wishing to keep spending £100 per month on petrol for a 210bhp car, hence selling it and downgrading. Again, this is irrelevant to the guys complaint, wether it had been parked up a day, week, year etc. I have continued to reply to say, the vehicle never had this problem, was sold without it, and regrettably is something I am not liable for, and will not refund. This is an unfortunate problem that has happened in his ownership, and something he is liable for.
    I have reported him to Ebay for harrassment, and get the usual automated, we will investigate etc and he has now sent me a recorded delivery letter (not dated or his address) stating unless i refund him in 10 days, he'll take legal action.
    We feel pretty let down by Ebay with their lack of communication and action, and quite scared for our family, as he has been getting more aggressive by the email and knows our address.
    What course of action can he take? and does he have any grounds? I 100% feel i am not responsible for this, and think he is a chancer trying his luck on something that has happened a long time after, and is trying to get me to pay. and i will stand my ground.

    Thanks and hope to hear some responses
    Tags: None

  • #2
    Re: Used car sold privately through Ebay

    I assume you were acting as private seller and not as a dealer (yes I know it's obvious from your post but I have to ask)

    Have you had any notification from Paypal that a dispute has been raised and what was the sale value?

    He would only be able to raise a dispute with Paypal within 45 days of making payment.

    If you originally described the condition of the vehicle accurately (as it sounds like you did) then he should have no claim. At this stage I would print off a full description of the advert you posted on ebay for reference should you need it in future. Also keep a file of all communications and any other information you think relevant.

    It does sound like he is trying it on but if it does go to court (doubtful) you will need any and all information to defend the case.
    Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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    • #3
      Re: Used car sold privately through Ebay

      Yes I am a private seller; ebay advised he had raised a refund request under the premise of misdescribed, but as i understand, he made this request outside of the time limit and also, Motors are not covered under ebay for refunds. I have refused his request. and it looks as though ebay will not entertain the request.
      With regards to Paypal. I have not heard anything from them, so presume he has not gone down that avenue, or again is outside the time frame allowed.
      Luckily I have printed off details of his account and feedback, which rather coincidentally has negative feedback for selling a car without an airbag, informing the buyer it was a Cat D write off, and not advising full details of the accident!
      I can also print off all emails back and forth, and the actual listing i put on for the vehicle.
      If he does decide to go to court, is it the small claims court? would it not be thrown out as caveat emptor, test driven, sold as seen? It would seem its a case of him saying i knew of problem, me saying i didn't, and just wondering how it would be decided?
      Thanks for the reply!

      Comment


      • #4
        Re: Used car sold privately through Ebay

        Whether it would be small claims depends on the purchase price and/or value of claim, how much was this? I genuinely think you have no issues with it going to court, he doesn't really have a claim and is probably just a bluff.

        If as you say he is being aggressive, I assume by email, keep hold of those also as these would go in your favour. If the aggression escalates to a point where you genuinely feel threatened, warn him if it continues you will report it to the police.
        Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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        • #5
          Re: Used car sold privately through Ebay

          Thanks for the reply; the car was sold for £1160.00

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          • #6
            Re: Used car sold privately through Ebay

            Then yes, if he actually did take it to court it would be small claims
            Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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            • #7
              Re: Used car sold privately through Ebay

              I'll await to see what happens then! although i am quite worried by this as it's not a situation i've been in before!
              I just won't be bullied into given a refund i genuinely feel i'm not responsible for and feel a bit "why should i have to go through this to prove my innocence"; it's quite testing!

              Comment


              • #8
                Re: Used car sold privately through Ebay

                Well feel free to have a read around the forums and how other members have dealt with similar issues, it may set your mind at rest......It's what we are here for.
                Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

                IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

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                • #9
                  Re: Used car sold privately through Ebay

                  Hi
                  You have nothing to worry about.
                  It was a private sale
                  He purchased the vehicle after examining, it and even test driving it
                  It is a case of caveat emptor, and he has no claim against you.
                  It wouldn't matter if you did know of the fault(s).

                  My daughter had a similar problem, and the buyer actually issued a claim form, but withdrew when she saw the defence!

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                  • #10
                    Re: Used car sold privately through Ebay

                    What will further assist you, if necessary, is the list of faults you DID know about and listed in the ad, as you mention in OP. It helps to demonstrate that you were honest about the condition of the car.

                    Comment

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