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I'm currently advertising my zed on ebay as a classified. To cut a long story short, the guy (matt lewis racing) (mattyzx) wanted me to pass up another swap I was going to do, and sell my car to him for my asking price. I said how do I know you're genuine and won't nit-pick when you arrive? He said he already has a zed and knows the score with these cars, as long as there aren't plumes of smoke from seized turbo's, gouges in the bodywork, rust etc, he will go ahead. He paid me £200 deposit on the basis that none of these things (or equivalent) were present via Paypal. (No auction had ended, no offer was accepted on ebay, so my ad was still running).

 

He turned up saturday to 'collect' the car. He noted that there was a slight tappet noise which is also present on his Zed, and proceeded to give it a 5 mile test drive. He commented that the suspension seemed stiffer than his, and realised that it was most likely due to having low profile tyres, as opposed to his standards.

He said also that it didn't seem any faster than his standard car. Returning from the test drive he said that the car wasn't really for him as the tappet is worrying him! He said he was happy for me to keep the deposit for my inconvenience...

 

Today, he has started a dispute wanting the £200 back! The tappet has been exaggerated to a major rattle that worries him ffs :rolleyes:

He is saying that the mileage MUST be incorrect as he now doesn't like the paintwork, the interior colour coding, the harsh ride, the soft brakes and of course, 'the rattling of death'!!!

 

As the deal was done technically out of ebay and only the item number mentioned in paypal, I'm curious to know what their 'take' on it is likely to be.

How paypal are going to be able to decide this fairly, I've no idea, his 25,000 odd feedback/sales per month are likely to be a deciding factor methinks!

I just keep coming back to the fact that he ruined one other deal for me, used my car for 5 miles and said to keep the deposit !

What is wrong with people?!

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Paypal will do nothing i believe about this? was the cash sent as a gift or as business or what?

As it was for an ebay item done outwith ebay then i dont think anything can be done?

  • Author

They're already seeming to be acting on it Craig, it must have had some mention of my ad item number, but as I say, the listing is still active.

strange, must have put it through as for goods or something? but with the add still going etc not sure where you may stand then?

  • Author

I've just checked on paypal, and there isn't a specific item number that he has been able to pay for (as the listing didn't end) but he put on as a note that it is a deposit for my car.

Difficult one this :-s

I think ebay will wash there hands of you and paypal will treat it as an attempt to trade outside of ebay - and walk away! Do you have any written correspondence from this nice person confirming deposit agreement etc?

  • Author

The deal has to largely be done off ebay - with classified ads ebay get no extra cash if/when you sell, it's a one-off fee.

Nothing has been done in writing at all, it's been over the phone. In my favour, he hasn't yet denied in the dispute that he said I can keep the deposit.

OK - but - if you don't mind me saying - why would you (keep £200.00 deposit)?

I think I would have taken 50.00 out for the 'messing about' factor and given the rest back to him and sent him on his way happy - but that's just me.

 

Did it get hostile matey?

  • Author

I ought to mention that I didn't trust this to go smoothly, so I moved the £200 out immediately to my bank! I'm willing to sacrifice my ebay and paypal accts if they rule in his favour. I've done everything fairly...

  • Author

Andy - not at all. He offered the money for screwing up my other deal and for time wasted etc. It's only now he's doing a complete U turn on everything.

To be honest, if the cash was a non refundable deposit, he can't do a damn thing. It's up to the buyer to make sure that everything is up to scratch BEFORE handing over any money. I'd just write a short paragraph in the dispute stating this and i'm sure you'll be fine.

 

Also, as long as you mentioned the words "car is advertised elswhere", e-bay will do nothing.

 

Peter

OK understand - but if it falls into the 'non-refundable deposit' part of the deal - you have no issues - it will be fine.

What a fecker buy the least expensive thing you can from him on ebay then neg feedback him just to get your own back.

 

What a waster its his problem!!

Mods - not sure what's going on, I replied to this thread and it appeared as a new thread on its own??

 

Anyway, here is what I posted

 

You don't have anything to worry about mate, here are a couple of quotes from paypal that may put your mind at ease, from the buyer protection page:

 

"If the Claim is decided in your favour, your recovery is limited to the amounts that PayPal can recover from the seller's Account." - If you don't have any money in the account then they can't take it can they?

 

Also - under exclusions "Complaints related to vehicles, airline travel, custom-made items and eBay classified advertisements are not covered under the Buyer Complaint policy."

 

He messed you about, he lost £200, end of.

 

Here's the page I got that from - https://www.paypal-marketing.co.uk/s...ionOffEbay.htm

Mods - not sure what's going on, I replied to this thread and it appeared as a new thread on its own??

 

 

It was my fault mate, all sorted now though :D

What a fecker buy the least expensive thing you can from him on ebay then neg feedback him just to get your own back.

 

What a waster its his problem!!

 

My sentiment exactly.Dont get mad,get even :angry:

  • Author

Thanks for the replies everyone, it's good to get a perspective from other peoples points of view.

As I worded it to the guy, he's used paypal as a method to ensure he's reserved a car, then try and check it out! He walked away thinking he's secure in the knowledge that paypal will bail him out.

I'm liking the exclusions list, I just hope that applies to paypal also...

I'm liking the exclusions list, I just hope that applies to paypal also...

 

Yip mate, that was lifted from the paypal website for purchases NOT from ebay which this one would fall under since he didn't 'buy' it through ebay, just contacted you through your ad.

  • Author

I've just found that too - you've definitely made my day!

He seems to fall short on at least two reasons, Vehicles not being protected like you say, and also because it's a classified ad...I would maybe have been willing to reach a compromise with him, but with the bloody time this has now consumed plus his attitude, he can whistle for it!

 

I think now looking at it, maybe he knows he doesn't have a leg to stand on, which is why he hasn't escalated it, he is trying scare tactics as the 'issue a full or partial refund' links keep coming up..!

 

I'm surprised he's not on this forum, or maybe he is lol?

Edited by plazmaduck

Just to let you know, i actually won an auction for a Z on e bay the other week (fair and square no reserve auction) and when I tried to collect the car the seller refused to sell even though he had let the auction run to the end.

He stated that he had sold the car for more before I put my bid in.

When i contacted E bay they replied by saying that buyer protection does not cover motor vehicles and refused to get involved........ so you are safe with the deposit a far as they are concerned.

  • Author

That's really bad, especially as they promote buyer protection even on the top and bottom of all the motors section! Hope you managed to at least get the money back from the guy.

The way ebay have organised things, they are giving ppl a licence to perform scams.

  • 2 weeks later...
  • Author

Time for an update. Paypal closed the dispute - I phoned up and also checked my account to verify.

You'd think that would be the end of this, but no. I got an email from paypal asking for additional details, I gave them chapter and verse...

 

This was part of the message to sum up (I won't give all details for possible legal reasons).

 

"I have read through the dispute notes and can see two very different

matters of opinion over the car, and you are correct that PayPal policy

does not cover cars, nor do we cover classified ads or part payments."

 

"However, I am concerned about what has happened in this situation and may

need to refer both the PayPal account and the eBay account to our risk

department, to ensure the account is being used in full compliance of our

terms and conditions, and the check the eBay listings posted."

 

"I can consider the matter closed, if the deposit paid for the item, can be

returned, and this matter can be considered fully resolved."

 

This smacks of them having no legal power, but a form of blackmail hanging over my ebay account is now implied!

The car has since sold into a collection of vehicles and inspected by someone who knew what they were talking about. He was totally happy with the car which dispels the other muppets opinion.

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