Any advice - Seller messing me around

Agreed but what can you do about it if he refuses to pay? You've asked and he has said no, that's the end of it. You'll just have to find a way to **** him off and get £180 worth of enjoyment from it :D
 
Adam said:
Agreed but what can you do about it if he refuses to pay? You've asked and he has said no, that's the end of it. You'll just have to find a way to **** him off and get £180 worth of enjoyment from it :D
Click to expand...

It's not the end of it - there is legal recourse.

lemonade said:
Well at the end of the day its his car so he has the right to sell it however much he wants.

Karma will get him anyway.
Click to expand...

Yes, but if you enter into a contract then you also have responsibilities. Accepting a deposit on a car, to any reasonable person, means that it wont be sold to someone else. Doing so is likely a breach of contract and you may find yourself liable for costs that result from that breach.
 
Last edited:
Amleto said:
It's not the end of it - there is legal recourse.



Yes, but if you enter into a contract then you also have responsibilities. Accepting a deposit on a car, to any reasonable person, means that it wont be sold to someone else. Doing so is likely a breach of contract and you may find yourself liable for costs that result from that breach.
Click to expand...

But he doesn't have a receipt with the purchase price which I would expect him to need at an absolute minimum? I think it's going to be very difficult to prove and it's essentially his word against the sellers. The seller could say the OP pulled out of the sale and as a gesture of goodwill he refunded the deposit?

The seller is an idiot but I'm not sure what further action could be taken against him given everything we know from this thread.
 
Amleto said:
It's not the end of it - there is legal recourse.



Yes, but if you enter into a contract then you also have responsibilities. Accepting a deposit on a car, to any reasonable person, means that it wont be sold to someone else. Doing so is likely a breach of contract and you may find yourself liable for costs that result from that breach.
Click to expand...

It's not a legally binding contract though, ethically what his done is wrong, but the OP just handed him money and took his word for it, no legal contract was drawn.

Plus the seller did not sell it to anyone else, the OP can still buy it, he just changed the price of the car, which he has right to do as its his property.

(I'm not trying to defend the seller in anyway, just want to highlight that the situation is not so black and white.)
 
this is an instance where many would seriously consider keying the MOFO, car/seller your choice :)

in all honesty tho, I'd suck it up and be depressingly reminded of the amount of d/heads we share the planet with. Getting back at him although tempting just lowers yourself to the rank of pond life.
 
lemonade said:
It's not a legally binding contract though, ethically what his done is wrong, but the OP just handed him money and took his word for it, no legal contract was drawn.
Click to expand...

A verbal contract is every bit as legally binding as a written one, e.g.

Op offers £300 deposit to hold the car for him to buy, seller accepts = contract

or

Sellers offers to keep car for OP for a £300 deposit, OP accepts = contract

Of course the difficulty with a verbal contract is proving it :(
 
There is no point arguing the toss over this it is now done.

In small claims court it is at least probable (bearing in mind probability is key in a low value civil action) that the op would be awarded a judgement. There is an implied contract to purchase though not defined to a low level of detail. There is no contract on the purchase of inspection - however it would more than likely be seen as a reasonable expense as part of the original contract and therefore would have a recoverable value.

He would then have to actually enforce any judgement, and probably wait months upon months to even get it.

Just not worth it - I would already have started my campaign of virtual terror and spamming as a means to revenge
 
Last edited:
Take him to a small claims court and claim for damages being the current asking price (£9,295 per post #22?) less what you agreed to pay of £8,555, plus the cost of the inspection and a reasonable amount for the time you have had wasted.

There is a contract in place which the seller has breached once he realised he made a bad bargain. You can therefore argue damages would be the market value (say what the seller is now asking for it) less the agreed price. The fact you have a receipt for the deposit and a paper trail for the £300 would be strong evidence in court that there was a contract in place.
 
Yes but he has no reciept stating the original sale price, without that your weeing in the wind,are you not.
 
weringo said:
Take him to a small claims court and claim for damages being the current asking price (£9,295 per post #22?) less what you agreed to pay of £8,555, plus the cost of the inspection and a reasonable amount for the time you have had wasted.

There is a contract in place which the seller has breached once he realised he made a bad bargain. You can therefore argue damages would be the market value (say what the seller is now asking for it) less the agreed price. The fact you have a receipt for the deposit and a paper trail for the £300 would be strong evidence in court that there was a contract in place.
Click to expand...


Lmaoooooo.
 
I would imagine Autotrader have a record of the original advert and could be helpful if there is a dispute. If not there is the text sent by the seller changing the price to £8,850 which would make OP's claim that the original price was £8,555 not unreasonable.
 
Just got up to date with this thread.. thanks for all the comment guys.

When I spoke to him on the phone, i.e the discussion about him changing the price, me declining to go any further with the sale and me asking for the inspection fee to be returned, well i have that conversation recorded.. not sure it could be used at small claims court but I think I would have a case... but tbh its more trouble than its worth, i've got over it.

so the question is , what should I be looking at now.. I do about 18k a year, am not bothered by the badge, if possible would like leather, cruise and climate. Something not older than 5 years old.. budget upto 9k

something like this perhaps..

http://www.autotrader.co.uk/classified/advert/201508186146543?price-to=9000&maximum-age=up_to_5_years_old&search-target=usedcars&radius=35&onesearchad=used%2Cnearlynew%2Cnew&maximum-mileage=up_to_60000_miles&postcode=b604jt&sort=default&fuel-type=diesel&page=2&make=ford&channel=cars&model=mondeo&zero-to-60=medium&logcode=p

or this

http://www.autotrader.co.uk/classified/advert/201508226268240?keywords=idrive&sort=default&model=3_series&price-to=11000&make=bmw&maximum-age=up_to_4_years_old&onesearchad=used%2Cnearlynew%2Cnew&search-target=usedcars&maximum-mileage=up_to_60000_miles&radius=1500&postcode=b604jt&channel=cars&fuel-type=diesel&zero-to-60=fast&body-type=saloon&page=1&logcode=p
 
Last edited:
If the inspection company is charging the full whack you should have just kept it booked in. That way they will go out, have their timewasted and come back. Much better than them keeping your cash and making another booking doubling up.
 
That BMW seems far too cheap for what it is. And for the Mondeo as far as I'm aware the 2.0 has almost identical mpg but has much better power delivery.
 
You must log in or register to reply here.
Back
Top Bottom