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?!

They cant force you to do it so they are hoping that you will agree so tell them No

 

 

After all the stress this has caused me, there was no other option but to say No.

 

Funny how in one breath they imply my deals could be dodgy, but in the next, this whole thing will go away if I cave in. I told them if this is how the ebay community now operates, maybe I don't want to be part of it anyway! :no:

Maybe if you have his phone number trying to speak to him first might help resolve this email conversations do not work in this kind of situation.

If hes got anything about him he will see sense or you can at least discuss it and come to some sort of compromise.

I know this is frustrating I have had it tons of times in the past when I was an ebay powerseller and I am glad I got out when I did, too much hassle these days with idiots buying stuff then saying they made a mistake or the classic my kid bid on it sorry I want a refund now. Thats my little dig at ebay over with. Deep breath.

Good luck, it sounds like you got yourself a messer.

We were in contact via the phone to arrange his 'collection' of the car etc. I knew it would be pointless to try and talk sense to him - when someone does a 100% U turn, there's no room for manoeuvre. I think after he said 'keep the deposit', he probably got an ear-bashing from his other half...

For me, it's got to the point where its more about the principals than the cash and I'm sure paypal would see me as being suspect if I were to suddenly give in. It also admits liability and he would maybe then have grounds to claim the whole amount back!

He did this to himself by not being honest, the part that sticks in my throat is being called a liar and having my car totally slated and saying it's not 'as per description' which in fact, makes him the liar on two counts...

I'm not ruling out a claim issued by him via the courts, as this 'tool' seems very petty!

If it has gone this far then I personally would offer 50% of the deposit back. This would show you as offering a gesture of meeting half way. It gives the other person a get out card that they can save face also.

 

This will end up as a stand off between the 2 of you & potentially could end up going to small claims court etc & dragging on & on.

 

If he rejects the offer then any mediation on this case will not look good on his side & will show that you are making reasonable effort to resolve this.

 

Just a thought! :balloon:

Also though, it shows signs of liability. Many companies won't do a part refund because then they can be perceived as being the 'guilty party'. You can then possibly find yourself liable for the whole amount and possibly other costs added!

 

I'm sticking to my guns on this one. If he wanted half the deposit back, then he should have said at the time. He lost me another deal, he used 5 miles of my petrol, cost me time that I could have been working, why shouldn't I have had some compensation?

 

It's also true to say, a deposit is a contract to complete a sale - legally, he should have completed.