Refund of vehicle deposit (private sale)

[scott-sykes]

Hi
I am seeking some advice please, I have foolishly purchased a vehicle on ebay classifieds, the seller claimed to be a private seller and I paid him £750 deposit via bank transfer and he agreed to hold the vehicle.
I have since discovered he is also a motor trader, he still insists this is a private sale but it is from the same address as a registered vehicle sales business.
He gave me details of his bank account but the name is different to his (surname only), this caused suspicion, he has also told several lies since I paid the deposit.
I have informed him that I have lost confidence and would like my deposit returned, he refuses, what can I do?
He lives in Scotland, I live in England, can I go to the small claims court?

[R0b]

Re: Refund of vehicle deposit (private sale)

Hi Scott,

I believe eBay sales are governed by the laws of England and Wales, and there is no exclusive jurisdiction about where the claim must be issued, so I cannot see any reason why you are unable to issue a small claim.

If you could answer a few questions below it might help us identify what options you may have. I would suggest not to rush into issuing a claim because if you mess it up, you could ultimately lose and/or cost you more money to rectify your mistakes.

What steps have you taken so far, have you sent the person a letter before action?
Why did he refuse to return the deposit?
Why do you want to return the vehicle? Is it because he told you that he was a private person and not a dealer or is there something wrong with the car, was it not described or is it faulty or something?
You said that he has told several lies, what lies has he told - do you have proof of those lies?
Have you reported the matter to Trading Standards?
Are you in possession of the car or does the seller still have it?

[scott-sykes]

Re: Refund of vehicle deposit (private sale)

hi
Thank you for your response.

I have been communicating by text, I am preparing a letter today, coincidentally he has re-advertised the vehicle today on Ebay. He has refused to issue the deposit as he believes he has done nothing wrong and the vehicle is as described and is a private sale. I have not yet collected the vehicle, my intention was to collect on Friday but I have lost all confidence in the seller.
I asked him when did he purchase the vehicle, he replied " a few months ago", after some research I have discovered he purchased it 2 weeks prior to me buying it from him.
I asked him if he had painted it " he said he certainly had not painted it", this is also untrue, I have photos from the advert when he purchased it.
I asked him if he was a trader, he replied "no", after research i have found a registered vehicle sale business at his home address.
More worryingly is the fact that the name on my receipt and the name I paid the deposit to does not fully match his name, I asked him to explain why and he refuses to tell me.