Question Regarding Deposits - Are they Refundable in Certain Cases?

Morba said:
Buyers comments mean nothing. Take it to court, he's left the £200 offer open because he knows he is in the wrong.
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I agree. Ive already filed for it. I think hes daft considering hes going away to Australia. Surely he must know SCC can take anything from 4 weeks to 12 months and he could be delayed in going to Aus if he doesnt refund my money.
 
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Shep_Cobain said:
I agree. Ive already filed for it. I think hes daft considering hes going away to Australia. Surely he must know SCC can take anything from 4 weeks to 12 months and he could be delayed in going to Aus if he doesnt refund my money.
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Indeed, he'd be moreso inclined given that it's not as if he is losing 400 quid, it's not his.

Consider writing something back just to stick the wind up him. He’s firing off many emails because he’s nervous and rightly so.

Up to you if you want to bother or perhaps it’s best just to stay quiet? Or just edit the below so it's more accurate - i'm sure it's probably not 100% accurate at the moment

Thanks for the comments relating to the new buyer, I’m glad to see that you had no trouble in selling the car so quickly and so have not incurred any hardship in finding another buyer. I wonder if he or she was informed of the fact the car sometimes doesn’t like running on a 1/4 tank or less?

When we were discussing the purchase of the car we talked about items such as the rev counter and fuel gauge and I did not consider this to be an issue. I gave reasonable opportunity to discuss such items and specifically asked about issues with the car.

The problem is that after we discussed the car in detail, after I’d given a deposit, and after I’d specifically asked you about any problems or issues you texted me and advised me to bring a jerry can as the car sometimes doesn’t like running on 1/4 tank or less. To say this was a shock is an understatement. In light of this I do not consider this to be a car in mint condition and a daily driver (as advertised in your original advert, which I still have) – I consider such a fault in a car to mean the exact opposite and I’m confident that others would agree with my position. It is under these grounds I’m happy to go to the Small Claims Court.

I have sought advice from the Citizens Advice Bureau and also from a couple of solicitors who offer a free consultation period. Based on their feedback I will undoubtedly move forwards with SCC proceedings as nothing short of the full £400 would be satisfactory.
 
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Tell him your going to contact the Aus Embassy to ensure that should he move to Aus that you can still pursue your claim and that you hope it doesn't impact his move ;)

Saying that they are all crims (well whats a few hundred years between friends) over there so he may get bonus points for ticking another box ;)

His message definately sounds nervous to me, and those comments from the new owner, probably just made up, or the new owner is a muppet, whatever, who knows.

Did you really not look at the car in any way other than pictures before you paid a deposit?
 
Shep_Cobain said:
Is there any way of printing all of my text messages off my mobile phone? Its an iPhone 4.
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You can take a screen shot of the page by pressing the home button and the wake/sleep button at the same time. you will see the screen flash. Then, add that pic to an email to yourself. From your home compputer, access that email, and print from your computer.

Stolen from the internet might be worth a try.

Did you take a screen shot of the car advert?
 
PapaLazaru said:
You can take a screen shot of the page by pressing the home button and the wake/sleep button at the same time. you will see the screen flash. Then, add that pic to an email to yourself. From your home compputer, access that email, and print from your computer.

Stolen from the internet might be worth a try.

Did you take a screen shot of the car advert?
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I have the whole advert saved on my pc.
 
robskinner said:
Did you really not look at the car in any way other than pictures before you paid a deposit?
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No i rang the guy and text him. Asked him about everything and he told me what i need to know.

I asked about problems etc and was told of two minor ones...

At the end of the day his car was on eBay too.... which is where i saw it first. He wanted to skip eBay to avoid paying fees which i have a text of him saying. When you buy things off eBay you take it that the advert is accurate on and everything is as it should be. If you receive the item and it isnt as described you then are entitled to a refund.
 
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Had an email off the seller on Saturday. Offering my £400 back as he doesnt want this problem hanging over his trip to Oz.

I'm out of pocket £35. I have asked for £435.00 back as it wasn't my fault the claim was filed in the first place.

Waiting to hear from him.
 
Shep_Cobain said:
Had an email off the seller on Saturday. Offering my £400 back as he doesnt want this problem hanging over his trip to Oz.

I'm out of pocket £35. I have asked for £435.00 back as it wasn't my fault the claim was filed in the first place.

Waiting to hear from him.
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Jeez mate, take the £400 and be done with it, be glad he has changed his mind from the £200 and saved you a lengthy court battle :/
 
But the money is owed to me, it is my money! I have had to spend £35 to get him to return it?!?!? Why??!!?!?! It is rightfully mine so therefore he should have repaid it in the first instance. Becuase he never and was intending on stealing it, he can pay the £35.
 
Shep_Cobain said:
But the money is owed to me, it is my money! I have had to spend £35 to get him to return it?!?!? Why??!!?!?! It is rightfully mine so therefore he should have repaid it in the first instance. Becuase he never and was intending on stealing it, he can pay the £35.
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Yes you are right 100%,but just forget about the £35 and get the £400 back mate,thats better then going to court and maybe losing and then ending up with nothing.

Think about it :)
 
Shep_Cobain said:
But the money is owed to me, it is my money! I have had to spend £35 to get him to return it?!?!? Why??!!?!?! It is rightfully mine so therefore he should have repaid it in the first instance. Becuase he never and was intending on stealing it, he can pay the £35.
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Whilst I admire your cheek, you're not exactly entirely free of blame, accept the £400 and mark the £35 down as a lesson learnt.
 
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