**. Won **. Car not as advertised - court claim - eBay

[thedirtyhound]

You also really needed to have had a much better look at the vehicle when it arrived. The fact that you didn't also doesn't help you. It may have been dark, but you could and should have done a lot more. You can't blame the delivery driver for being late, especially if he came from a long way away. Traffic can be highly unpredictable at the best of times on the motorway network.

[des8]

As the vehicle was rejected within the first thirty days as not as described (and IMO this is amply demonstrated) the remedy is a refund at no cost to the purchaser. It is for the seller to arrange recovery of the vehicle. This is all as per CRA2015.

The seller defends on the ground that the vehicle is not unsatisfactory (which is not the basis of the claim) and his offers are deficient.

The long winded WS is required because if the seller can show the purchaser requested or agreed to a repair the right to reject is suspended.
The exchange of emails shows that the request for full repairs was denied by the seller who only offered partial repair.
Claimant has to be ready to counter any defence put up by a (slippery) motor dealer.

And yes, I will happily debate differing viewpoints without animosity or personal insults. This used to be (and still is I hope) one of this sites strengths.

[thedirtyhound]

Well, we'll see what happens. Good luck with it. I hope everything works out OK!

[jerry12x]

To keep you up to date.....

The defendant again offered to refund me for the original price of the car, £3200, but not to return me to the financial position I was in before buying the car.
I paid £335 trial fee and it is set for the 30th August.

I have sent my Witness Statement and your help preparing and guiding me through that process was invaluable.

Today I received the defendants Witness Testimony and his misrepresentations continued.
He is well aware everything to do with our ebay correspondence has been deleted by ebay and he told me the advert on ebay was full of photographs of the interior of the car.
Normally ebay adverts that include more pictures that can be seen show a small blue arrow that you click on to reveal the extra pictures.
For some strange reason, his did not.
Not suprisingly, nothing was missing or broken in the 9 low quality pictures of the car interior that he included in his evidence.
The imperfections in one of his photo's clearly proved they were not of the car he delivered to me.
Is he allowed to do that? His solicitor certainly did.

I am not sure what to do now as I understand that nothing further can be included in evidence.
That seems to mean that I can not prove the photographs he provided are not of the car he sold me.

[jerry12x]

@THEDIRTYHOUND
I seem to have lost my ability to quote.
"The defects you have highlighted are relatively minor and should not be too expensive to fix."
I would have thought so too. The centre console alone would cost £288 to be put right if it was only a faulty panel.
The problem is that from the word go, the seller said he would send the missing panels and nothing more.
He refused to restore the car to Good Condition All Round. I had at that point lost all faith in him to do the right thing.

"he has scammed many people and needs to be brought down a pag or ten" you are starting to get too personal. You have no real evidence of that"
You are quite right. That was me blowing steam, there was no mention of it in my witness statement.
My reference was to a car dealer review site where there are real horror stories.
Those people spoke up.

The defects highlighted may be relatively minor, only costing £600 - £700 to put right but that would take the car to a price tag I was not willing to pay.
Had the real description of the car been advertised, I would categorically not have bought it.
I asked the seller to put the faults right but until I started the county court claim he told me there was nothing he could do.

[des8]

To keep you up to date.....

The defendant again offered to refund me for the original price of the car, £3200, but not to return me to the financial position I was in before buying the car.
I paid £335 trial fee and it is set for the 30th August.
Was that offer in writing and marked "without prejudice"

I have sent my Witness Statement and your help preparing and guiding me through that process was invaluable.

Today I received the defendants Witness Testimony and his misrepresentations continued.
He is well aware everything to do with our ebay correspondence has been deleted by ebay and he told me the advert on ebay was full of photographs of the interior of the car.
Normally ebay adverts that include more pictures that can be seen show a small blue arrow that you click on to reveal the extra pictures.
For some strange reason, his did not.
Not suprisingly, nothing was missing or broken in the 9 low quality pictures of the car interior that he included in his evidence.
The imperfections in one of his photo's clearly proved they were not of the car he delivered to me.
Is he allowed to do that? His solicitor certainly did.

You will have to point out that the defendant has mistakenly attached photos of the interior of a different car, and these were not shown on eBay
You understand how easy that must be for a dealer who has a large turn over.
Do not under any circumstances accuse him of lying or deliberately fabricating false evidence.
It comes down to whom the judge believes

I am not sure what to do now as I understand that nothing further can be included in evidence.
That seems to mean that I can not prove the photographs he provided are not of the car he sold me.

You attend court and argue your case!

[jerry12x]

Was that offer in writing and marked "without prejudice"

Very nearly. "WITHOUT PREJUIDECE SAVE AS TO COSTS"
He offered “a full refund in full” but still required me to have the car returned to him.
I still don't have a clue what he was offering to pay.
I replied that I would do that but estimate the transportation costs at £150.
Strangely, his solicitor wrote directly to me, bypassing my son who is acting on my behalf.
My son moves to London tomorrow for his new job which is very exciting news for us all.

Thank you for the accusation warning, I may well have gone that way.

[jerry12x]

The following is what I ended up sending as my WS.
It does not include any exhibits as you probably already pretty much know it. forum.doc

[des8]

Don't have Word and so can't open your WS, but never mind and good luck

As the offer was made "wp" you can't refer to it in court

Best wishes yo your son in his career

[jerry12x]

The court was pretty much as I had read to expect.
I was less than a quater way through questioning the defendant.
The judge seemed to reach a point where he had heard enough and stopped me dead.
We went outside for about 20 minutes then returned to hear the verdict.
The judge explained everything that was used in his process to reach a decision.
You knew exactly why you won or lost.

I won with costs and the defendant had to retrieve his vehicle.
Anyway, we left the court and then it got strange.
I received a text from the defendant to see if they could pay what they owe and take the car with them to save a later journey.
I took them to Barclays bank where an instant transfer was made into my account..
The car is gone.

Thank you very much for your help and guidance.

[des8]

Congratulations, well done and thanks for the update