crutch
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| posted on 31/7/12 at 12:33 AM |
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more ebay grief -advice
sold a caravan on the bay. guy came along, moaned about a few things and knocked me down on price. He paid cash and took away.
Now he says there is other problems with the van and wants to bring it back for a refund. The problems he states were fine on the day he took it. He
did also say his son was a caravan trader. I wonder wether he has swapped parts over..
I emailed to say sold as seen but he said he will bring it back.
advice please
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ashg
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| posted on 31/7/12 at 05:42 AM |
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if his son is a trader then he knew what he was looking at from day 1. tell him to go walk or take you to court.
Anything With Tits or Wheels Will cost you MONEY!!
Haynes Roadster (Finished)
Exocet (Finished & Sold)
New Project (Started)
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jossey
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| posted on 31/7/12 at 06:53 AM |
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If you did not offer a warranty then tell him it's sold as seen and no refunds are available.
Thanks
David Johnson
Building my tiger avon slowly but surely.
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Slimy38
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| posted on 31/7/12 at 07:03 AM |
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Very simple case of 'let the buyer beware'. He's not got a leg to stand on.
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Jon Ison
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| posted on 31/7/12 at 07:13 AM |
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caveat emptor
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stevegough
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| posted on 31/7/12 at 07:36 AM |
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He's a dealer! tell him to take a running jump!
Luego Locost C20XE.
Build start: October 6th 2008.
IVA passed Jan 28th 2011.
First drive Feb 10th 2011.
First show: Stoneleigh 1st/2nd May 2011.
'Used up' first engine may 3rd 2011!
Back on the road with 2nd engine may 24th
First PASA mad drive 26/7/11
Sold to Mike in Methyr Tydvil 19/03/14
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balidey
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| posted on 31/7/12 at 07:41 AM |
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It is really as the others have said, not your problem.
But, lets play devils advocate.
What if he has since inspected the chassis and its about to snap in half, would we all be happy to take that on the chin?
What if the OP was infact the buyer of a kit car that he since discovered a major fault, would we all be offering the same advice?
I guess a lot depends on the type of fault the buyer has discovered.
Dutch bears have terrible skin due to their clogged paws
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loggyboy
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| posted on 31/7/12 at 08:18 AM |
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quote:
Originally posted by balidey
It is really as the others have said, not your problem.
But, lets play devils advocate.
What if he has since inspected the chassis and its about to snap in half, would we all be happy to take that on the chin?
What if the OP was infact the buyer of a kit car that he since discovered a major fault, would we all be offering the same advice?
I guess a lot depends on the type of fault the buyer has discovered.
Not at all. Thats the whole deal with sold as seen, you need to satisfy yourself that the product is to YOUR satisfaction PRIOR to handing over the
money. Not only that, but bidding is contract, so unless there were things specfically different to 'as described' then he shouldnt have
been knocking money off anyway.
The chaps is just like this one:
Mistral Motorsport
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Hellfire
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| posted on 31/7/12 at 08:19 AM |
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quote:
Originally posted by balidey
It is really as the others have said, not your problem.
But, lets play devils advocate.
What if he has since inspected the chassis and its about to snap in half, would we all be happy to take that on the chin?
I wouldn't be happy, no. But as the buyer, I accept it's my responsibility to check. I certainly wouldn't go back to the seller
asking for my money back.......
What if the OP was infact the buyer of a kit car that he since discovered a major fault, would we all be offering the same advice?
Yes, because that is the law and provided there was no misrepresentation, is covered by the Sale of Goods Act 1979 (as amended)
I guess a lot depends on the type of fault the buyer has discovered.
Provided there was no misrepresentation in the original advert - Caveat Emptor
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crutch
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| posted on 31/7/12 at 12:42 PM |
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told him sold as seen. He has moaned on one point that the sleeping annex is moldy (i did not know or advertice condition) I offered to meet half way
on a new one as a gesture of good will. He sent this
"i will be bringing it back tonight and i guarrentee i will be compensated"
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computid
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| posted on 31/7/12 at 01:19 PM |
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quote:
Originally posted by crutch
told him sold as seen. He has moaned on one point that the sleeping annex is moldy (i did not know or advertice condition) I offered to meet half way
on a new one as a gesture of good will. He sent this
"i will be bringing it back tonight and i guarrentee i will be compensated"
Might be worth getting a few large mates around for a BBQ and making sure the seven is in the garage.
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ChrisW
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| posted on 31/7/12 at 01:29 PM |
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quote:
Originally posted by crutch
told him sold as seen. He has moaned on one point that the sleeping annex is moldy (i did not know or advertice condition) I offered to meet half way
on a new one as a gesture of good will. He sent this
"i will be bringing it back tonight and i guarrentee i will be compensated"
Call the Police and report threatening behaviour. That's demanding money with menaces if ever I heard of it!
I'd then be telling him that any concerns must be addressed to you in writing and that you will give them your full consideration. If he does,
and you're confident that you're in the right, tell him to take it to small claims. In my opinion it's sold as seen, especially
considering that he has admitted to being a dealer. Unless he can prove that you also had in depth knowledge of caravans it puts you in the position
of layman in the eyes of the Court. In other words, as an expert in caravans, if he didn't spot a fault on inspecting the vehicle prior to sale
how could he expect you to have spotted it?
Chris
My gaff my rules
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twybrow
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| posted on 31/7/12 at 02:13 PM |
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Let him bring it back, and then call the council to report someone fly tipping a caravan!
Ignore the emails - he is trying his luck. I would not even respond to that type of threat. eBay seems to be full of this type of person now, and
sadly, eBay tends to fall on the side of the buyer. But in this case, it sounds like you have nothing to worry about. If you did not describe the
condition incorrectly, and he drove away with the caravan having 'done a deal', it is not your problem - you formed a contract, you
completed on said contract.. end of unless he can prove (in a court) that you intentionally mis-represented it (and even then, he is clutching at
straws).
The rules are slightly different when buying a car, but this is not a car, and he does not have any come back against you unless he wants to try his
luck in a small claims court.
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loggyboy
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| posted on 31/7/12 at 02:18 PM |
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Caravan, caravan trader, threatening behavior.... sounds like a pikey - be very careful!
Mistral Motorsport
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Jamster1233
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| posted on 31/7/12 at 02:24 PM |
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as all the others said you have nothing to worry about but be intresting to see if he comes back or if hes threatning
quote:
Originally posted by crutch
sold a caravan on the bay. guy came along, moaned about a few things and knocked me down on price. He paid cash and took away.
Now he says there is other problems with the van and wants to bring it back for a refund. The problems he states were fine on the day he took it. He
did also say his son was a caravan trader. I wonder wether he has swapped parts over..
I emailed to say sold as seen but he said he will bring it back.
advice please
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jossey
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| posted on 31/7/12 at 02:33 PM |
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give me his number im with my legal team they will chat with him on your behalf....
PS why did he buy from you if his son is a caravan dealer. D*CK HEAD
David
[Edited on 31/7/12 by jossey]
Thanks
David Johnson
Building my tiger avon slowly but surely.
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Jon Ison
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| posted on 31/7/12 at 02:57 PM |
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Not a nice situation to be in, you are in the right, he is in the wrong however I'm not sat where you are.
If he his been this threatening then I would consider having some sort of recording device to hand just in case he does turn up, dependent on how real
you feel the threat is it may be worth ringing the non emergency police number for advice and to forewarn them they may get a call, I guess you
didn't note his reg number when he collected ? I guess none of us would have but you will have his contact details address etc from the winning
bid ? Maybe worth checking its a genuine address and passing these details onto plod if you contact them, they will know if he as form ?
What does he claim thew faults to be ?
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crutch
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| posted on 31/7/12 at 08:47 PM |
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Thanks for the replys and support chaps.
I advertised the van with a long list of known faults but also stated there maybe items i have missed. The actual problem he has is with the extras. I
said i will include in the auction all the caravan extras as we wont be going anymore. So there were 2 awnings and a sleeping awning which goes on the
main awning.
I said they were welcome to have the extras with the van but stated no condition. When he took the van away it was raining very hard and i had put the
gear in the garage on the 7. The porch awning rolled off and he forgot to take.
He called back and knocked on the door asking if he had definatly got the sleeping annex, i went to the van checked and saw he had but never checking
the garage and noticed the porch one. When he went i noticed the porch awning. i emailed to say my fault and i would deliver at my expense (i regualry
drive near his 2hr away address with work or i would shiply it)
He said he was not happy about that. He then said the sleeping annex had been put away wet so was mouldy. I never stated condition but also offered to
pay to have it cleaned. (i may have put it away wet)
He then said the blown air heating didnt work but i checked it the day he had it and it was fine and also been fine. I explained he needs to read the
manual as it does have many settings inc themostatic settings.
Thats when he sent the threatening email.
My pal is a copper so i emailed back saying i did not like his tone or where he was going with it and i had taken advice from my police friend. I
still offered to meet in the middle on the resolution to his problems. I feel i have been very fair more than required. Ebay people i suppose.
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ashg
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| posted on 31/7/12 at 09:26 PM |
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sounds like a tit. if i got a camper and it had a bit of mould in the tent bit i would have gone indoors got a cloth and got scrubbing, seems like a
pretty logical thing to do. used is used new is new. buy used get used dont expect new....
Anything With Tits or Wheels Will cost you MONEY!!
Haynes Roadster (Finished)
Exocet (Finished & Sold)
New Project (Started)
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balidey
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| posted on 2/8/12 at 06:56 AM |
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Any update on this? Did the guy turn up on your doorstep?
Dutch bears have terrible skin due to their clogged paws
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Ninehigh
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| posted on 2/8/12 at 07:42 AM |
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quote:
Originally posted by jossey
give me his number im with my legal team they will chat with him on your behalf....
PS why did he buy from you if his son is a caravan dealer. D*CK HEAD
David
[Edited on 31/7/12 by jossey]
Because his son has an identical (but a "bag o' poo" ) caravan he's trying to get swapped for yours?
Surely a genuine complaint would have been taken through ebay by now?
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