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A tale to follow

 
Old 04-29-2018, 06:48 AM
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I'll keep the details sketchy for now for obvious reasons but some of you might like this one...

Sold a car on ebay. I've sold many and never really had any problems.

This time I was messed about and ended up with a non-paying (and incommunicado) winning bidder.

Given that I've had to straighten a few people out recently, including a solicitor and a couple of other so-called pros, I wasn't much in the mood for more being messed about

I made a few enquiries about enforcing an ebay sale via the courts - info is vague to say the best, it's more trouble that it's worth etc

Well I have time and the inclination to make life difficult if I can so I've decided to try and chase this guy through the courts - as much to teach him a lesson as anything else but my other motivation is just to find out how the courts will treat this situation

I've already established it'll be inconvenient for him at best if the action gets out and known due to his job - which I will ensure it does if I get a judgment

He has had all the pre-action warnings, I've followed the ebay procedures inc second chance offers, etc and so a MCOL will go in shortly

You think I'll win or it will be chucked out? Loads of internet experts out there saying it's a contract/not a contract so maybe we'll find out

So far no responses from him via ebay or any other medium so the track record to-date doesn't paint him in a good light

£50 or so and few hours of my spare time for a bit of fun and a chance to dish out some pay back to a timewasting c*** seems worth it to me
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Old 04-29-2018, 06:59 AM
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Haha

it certainly has amusement potential. I believe it is a contract but we'll see

That chap.who bought the fairground ride was let off

http://www.bbc.com/news/uk-england-humber-43372204
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Old 04-29-2018, 02:24 PM
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From my experience the courts will want to see mediation. If he has changed his mind due to loss of job/costly illness etc you might be better off just telling eBay the buyer has welshed, leave them to sort it out and advertise the car again/2nd offer it whatever. At the end in front of a beak the most you can expect is the difference between what the blighter agreed and what you ultimately sell the car for. And if you get more than he agreed to pay he did you a favour so you owe him a slice of your 'profit' Seriously, the courts will not take sides with you just wanting to teach the blighter a lesson, either.

Last edited by arsie; 04-29-2018 at 02:26 PM.
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Old 04-29-2018, 03:53 PM
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Originally Posted by arsie View Post
From my experience the courts will want to see mediation. If he has changed his mind due to loss of job/costly illness etc you might be better off just telling eBay the buyer has welshed, leave them to sort it out and advertise the car again/2nd offer it whatever. At the end in front of a beak the most you can expect is the difference between what the blighter agreed and what you ultimately sell the car for. And if you get more than he agreed to pay he did you a favour so you owe him a slice of your 'profit' Seriously, the courts will not take sides with you just wanting to teach the blighter a lesson, either.
Mediation is fine with me

Second chance offers already exhausted so I can demonstrate I have tried to mitigate and have used the ebay process

I'm not sure why I should go to the time and trouble of selling the car to someone else when I have a perfectly acceptable offer from him. I don't want more than the winning bid plus my not unreasonable storage costs plus interest

The lesson is just a by product and wouldn't be a feature of the MCOL
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Old 04-30-2018, 12:18 AM
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Fair enough. What, is the build going slow, time on your hands?
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Old 04-30-2018, 12:37 AM
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Originally Posted by arsie View Post
Fair enough. What, is the build going slow, time on your hands?
Build is on schedule but I have no day to day involvement in it. We're about 40% there, on time and on budget. The really tricky unpredictable stuff is largely done so I'm confident the contingency won't be needed. I am emotionally decoupled and more interested in what comes next

I always have time on my hands - I regard it as the most valuable commodity after health and made a decision 20 years ago to prioritise time over career

This is just an interesting diversion

Once the claim goes in the process pretty much does the rest

There may be a hearing of course, but Mr C*** lives in a place I used to like visiting so I'd turn that into an enjoyable break

It's about £50 and a few hours to see what happens and a chance of satisfying payback
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Old 04-30-2018, 03:31 AM
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George Carman QC apparently once said, "anyone who goes to court is a fool".

But it's an interesting case, nonetheless!
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Old 04-30-2018, 07:30 AM
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Originally Posted by Nick Graves View Post
George Carman QC apparently once said, "anyone who goes to court is a fool".

But it's an interesting case, nonetheless!
Speaking as someone who has done very well out of the courts over the years, I cannot agree with the esteemed QC

But in any event, since the MCOL process limits one's exposure to £50-£70 plus a bit of time, I can't see the downside

Just getting it to court will be a ballache for the defendant, he can't claim his costs (and I know he is self-employed) so even if lose I win IYSWIM

If I win, all manner of pleasure awaits
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Old 04-30-2018, 08:20 AM
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I'll approach this from a different angle.

Say you win, you sell him the car. Win win good riddance, that'll teach you etc etc.

He then decides the car has faults ( it's not sold as seen ) so then you have to waste ever more time dealing with a disgruntled idiot who advertised his idiocy when he failed to complete the purchase the first time around. And then to add insult to injury he decides to reject the car and it comes back with more miles on it and probably some new hidden faults to boot. Ebay then take his side ( they always seem to favour the buyer ) and then you've got nothing but irritation on your hands and far more wasted time than if you'd just washed your hands of the plonker in the first place.
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Old 04-30-2018, 02:18 PM
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Originally Posted by unclefester View Post
I'll approach this from a different angle.

Say you win, you sell him the car. Win win good riddance, that'll teach you etc etc.

He then decides the car has faults ( it's not sold as seen ) so then you have to waste ever more time dealing with a disgruntled idiot who advertised his idiocy when he failed to complete the purchase the first time around. And then to add insult to injury he decides to reject the car and it comes back with more miles on it and probably some new hidden faults to boot. Ebay then take his side ( they always seem to favour the buyer ) and then you've got nothing but irritation on your hands and far more wasted time than if you'd just washed your hands of the plonker in the first place.
it has gone beyond ebay

if I win I won't be paid through ebay or paypal and so he would have no recourse via those organisations

I'm confident the car is as described and he has had the opportunity to inspect/text

he has also failed to reply to all communications so establishing a perfect (from my position) track record of bad faith and unreasonableness
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