joni
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posted on 4/1/11 at 10:18 PM |
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thought i had bought a car but !!!!!!!!!!!!!!!1
ok keep this short i done a deal for a rolling chassic agreed the price and a price for the other party to meet me at the ferry so i booked boat and
next day the fella sent me an email to say that he is selling the car to someone else for more more money and said sorry
so i emailed him back to say no chance i have a witten agrement to say that he was selling the car to me ie
email agreeing price
so what can i do he starting makeing excuses that he cant get a trailer now so i have said i would go and lift the car and thats last i heard
jonny
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Killer
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posted on 4/1/11 at 10:40 PM |
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Sorry to say that although you've got something in writing he really doesn't have to sell it to you, however that said I believe that he
should do the honourable thing and sell it to you if an agreement has been made, if not and its already been sold then he should offer to pay for any
expenses that you're out of pocket by.
Probably not what you want to hear and and I'm sorry that you've been messed about, its certainly not nice but there is worse things in
life to worry about, the karma police will get him in the end!
Take it easy
Rich
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steve m
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posted on 4/1/11 at 10:46 PM |
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Have to agree, go and have a beer, and curse the seller, and move on
The right one will turn up, and be better !!
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myke pocock
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posted on 4/1/11 at 10:46 PM |
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Doesnt his agreement constitute a legal agreement as it is written down if I understand you correctly? If thats the case anyone could get out of an
agreement if someone else ups the bid after the first buyer agrees a price with the seller. Why not go to the Citizens Advice Bureau or your local
Legal Advice office?
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ReMan
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posted on 4/1/11 at 10:53 PM |
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Yes, sadly cut your losses.
Tell yourself it was not meant to be
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balidey
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posted on 4/1/11 at 11:09 PM |
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if no money has changed hands then I suggest you walk away. I wouldn't want to be dealing with someone with that attitude.
Dutch bears have terrible skin due to their clogged paws
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Ben_Copeland
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posted on 4/1/11 at 11:21 PM |
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Whether theres anything you can do or not... What's the point, it would take far too much effort to get the car so walk away.
Ben
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pekwah1
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posted on 4/1/11 at 11:44 PM |
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i had the same thing with a different car.
Had agreed the price and sale and i told him when i'd be there to pick it up.
He gave me a call "out of courtesy" the night before to tell me he'd sold it to someone else for more. I then presceded to go a bit
mental at him as i'd already sorted stuff to afford it. He then just said sorry and hung up. He called back 30 mins later saying that he felt
bad about it and the car was mine again.
I then told him where to shove it as i didn't want to do business with someone like him. He then told me he'd already told the other guy
no, but i figured it wasn't meant to be, and now i have a 7 instead!
So take it as an omen....
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gingerprince
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posted on 4/1/11 at 11:45 PM |
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Don't think you have any rights to the car, but if you've booked a boat from NI to mainland or whatever that's not refundable, then
provided you've got written agreement from him to sell the car to you you should at least be able to reclaim the nonrefundable costs from him,
whether that be by mutual agreement or small claims. Assuming that you're "reasonably out of pocket" for what you've booked
based on your agreement.
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joni
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posted on 5/1/11 at 12:28 AM |
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quote: Originally posted by gingerprince
Don't think you have any rights to the car, but if you've booked a boat from NI to mainland or whatever that's not refundable, then
provided you've got written agreement from him to sell the car to you you should at least be able to reclaim the nonrefundable costs from him,
whether that be by mutual agreement or small claims. Assuming that you're "reasonably out of pocket" for what you've booked
based on your agreement.
hi well the boat was £340 for van and trailer and one passenger quite a lot of money and realy pissed off
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Valtra
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posted on 5/1/11 at 12:59 AM |
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ouch!!!
That's one thing with ebay at least you have a legally binding contract . Sad to say all you have is his word against yours. Can't blame
you for being angry but it won't help
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Theshed
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posted on 5/1/11 at 06:30 AM |
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An oral agreement to purchase a car is as binding as any other agreement. If that agreement is evidenced by an exchange of e-mails then there ought to
be no difficulty proving its existence but if the car has been sold and delivered to a third party you will not obtain "specific
performance" that is an order that he complete the sale. You will be left with a claim for damages and unless the car was a bargain that will be
just your wasted costs - no sane person would go near a court for such a small sum its not worth it - chances are the case would be on the
mainland!
NB insofar as this contains legal advice it is not meant to be relied upon etc etc
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norm007
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posted on 5/1/11 at 07:39 AM |
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hi well the boat was £340 for van and trailer and one passenger quite a lot of money and realy pissed off
If I were you, I would still jump on the ferry, Have a good night on the p**s, then in a drunken stupor, name and shame him on here, and then abuse
him via email!!!!!
Something about this, so very wrong.....I have to laugh out loud, I wish I didn`t like this!!!!!!!!!!!!!!
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snapper
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posted on 5/1/11 at 07:43 AM |
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Depending on the wording in the email, you have a contract in law, the fact the you paid for transport after an agreement to collect the goods with
payment on collection, and the the seller tried to cancel the contract, stating that he had sold it for moe, entitles you to compensation for your
losses.
Small claims court is the route to go and as long as your email trail shows an agreement to sell by the seller, to buy by you, the agreement to meet
to exchange goods for money then you have a contract.
Sue him or ge will do it again
I eat to survive
I drink to forget
I breath to pi55 my ex wife off (and now my ex partner)
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BenB
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posted on 5/1/11 at 08:22 AM |
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quote: Originally posted by gingerprince
Don't think you have any rights to the car, but if you've booked a boat from NI to mainland or whatever that's not refundable, then
provided you've got written agreement from him to sell the car to you you should at least be able to reclaim the nonrefundable costs from him,
whether that be by mutual agreement or small claims. Assuming that you're "reasonably out of pocket" for what you've booked
based on your agreement.
If you've agreed a price then it's a contract. Even if it was verbally. Of course verbal contracts are difficult to prove If
you've got it in e-mail then he's in breach.
Personally I'd just request the money you spent organising what turned out to be a wild goose chase. If all else fails a little small claims
court action might not be out of order.
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interestedparty
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posted on 5/1/11 at 12:34 PM |
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You could certainly sue him but you will need to invest £25 to start a money claim online. The thing is, if he doesn't pay and makes you take it
to court, the question will arise as to whether or not for you to invest £340 in boat and trailer (and for him to be aware of that), is reasonable
and it I was the judge I doubt I would agree with you.
As some day it may happen that a victim must be found,
I've got a little list-- I've got a little list
Of society offenders who might well be underground,
And who never would be missed-- who never would be missed!
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joni
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posted on 5/1/11 at 12:43 PM |
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only one thing is that i dont have his address only phone number and email addy
[Edited on 5/1/11 by joni]
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