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Should i open a paypal dispute?
speedyxjs - 18/9/08 at 06:47 AM

Now you all know the story of my midget. brought it on the bay and payed £100 deposit via paypal.
Should i open a dispute and try to get the £100 back?

scootz - 18/9/08 at 06:58 AM

Crikey... they're selling midgets on eBay!

Always fancied one myself - paint it blue and pretend it's my own personal Smurf!

mr henderson - 18/9/08 at 07:02 AM

quote:
Originally posted by speedyxjs
Now you all know the story of my midget. brought it on the bay and payed £100 deposit via paypal.
Should i open a dispute and try to get the £100 back?


Did you not receive the car?

3GEComponents - 18/9/08 at 07:03 AM

quote:
Originally posted by scootz
Crikey... they're selling midgets on eBay!

Always fancied one myself - paint it blue and pretend it's my own personal Smurf!




That's made me smile!



After my recent dealings with the t*ss*rs that run ebay i'm thinking about never using them again.

speedyxjs - 18/9/08 at 07:16 AM

quote:
Originally posted by mr henderson
quote:
Originally posted by speedyxjs
Now you all know the story of my midget. brought it on the bay and payed £100 deposit via paypal.
Should i open a dispute and try to get the £100 back?


Did you not receive the car?


Yeah but when i put her in for a service, they said it could never have got through an MOT just 3 months ago (had a new one when i picked it up)

mr henderson - 18/9/08 at 07:19 AM

quote:
Originally posted by speedyxjs
quote:
Originally posted by mr henderson
quote:
Originally posted by speedyxjs
Now you all know the story of my midget. brought it on the bay and payed £100 deposit via paypal.
Should i open a dispute and try to get the £100 back?


Did you not receive the car?


Yeah but when i put her in for a service, they said it could never have got through an MOT just 3 months ago (had a new one when i picked it up)


Sounds like the MOT should not have been issued, and I expect there is probably something you could do about it.

However, if your argument is that the seller claimed it had an mot, and it did, then it would seem that you don't have an argument with the seller, or with paypal, but with whoever issued the mot (unless the mot was forged by the seller)

John

l0rd - 18/9/08 at 07:20 AM

Do you know the garage that had the car motd? Can't you go there and force them to get it right at their own cost?

Otherwise i would suggest to call a solicitor.

blakep82 - 18/9/08 at 07:21 AM

buyer beware! its up to you to check the car out before buying. even then, and with any private sale you get no guarantees

02GF74 - 18/9/08 at 07:32 AM

quote:
Originally posted by blakep82
buyer beware! its up to you to check the car out before buying.


unfortunately so.

MOT means at the time of testing, the tester deemed the vehicle worthy of the criteria to issue an MOT. It does not necessarily mean the tester spotted every single flaw.

There is possiblilty that MOT was obtained by dishonset means but you may find it hard to prove that as the garage could say they did not spot.

I guess your options are:

1. to open a dispute with paypal to recover some costs.

2. contact garage about MOT with threat of reporting them - maybe they would do some or all of the work at their cost.

3. Get the work done by yourself or someone else

4. put it back on ebay advertised honestly

5. put it back on ebay advertiesd as per original

It is probably no consolation but you won't be the first or last to have bought a lemon.

l0rd - 18/9/08 at 07:37 AM

What are the problems with it that couldn't have appeared in 3 months?

locoboy - 18/9/08 at 07:39 AM

As said above the MOT is a snapshot at that time it is tested.

The same as an SVA and we all know that within a week of passing an SVA 'most' cars out there would not pass it again if stopped and driven to a test centre.

There is nothing to stop the garage saying that it was finr when tested and the owner must have put back on the old knackered tyres, bushes, perished flexi hoses, weeping diff pan etc etc.

Your up the creek im afraid.

Time to play the lemon version of hot potato and pass it on im afraid.

bigpig - 18/9/08 at 07:55 AM

According to direct.gov.uk

"What if I think it has wrongly passed?
These cases usually relate to recently purchased vehicles and you should let VOSA know as soon as possible. VOSA will then offer an appointment within 5 working days to recheck your vehicle without charge, provided:

not more than 28 days have elapsed since the MOT test
not more than three months have elapsed since the MOT test for a rust or corrosion related problem"

So if its rust related then you may well be fine. I would have a word with VOSA anyway as it sounds like its either the person doing their own MOT or the "Mate's MOT" where its just given a pass hoping no one will find out until too late. At worst it could be a poor MOT station, but which ever way they are putting unsafe cars on the road which VOSA should deal with.

speedyxjs - 18/9/08 at 07:58 AM

Linky to thread

There was alot. Filler within 13cm (i think) of major points ie seat belt mounts. Floor was spot welded not fully welded. Floor was hanging off. Cant remember the rest but there was a long list.
I have someone interested but if not she will honestly go back on the bay

robinj66 - 18/9/08 at 07:59 AM

But you run the risk of VOSA issuing a prohibition Notice (if the condition of the car is that bad) .

[This comment made without knowing the problems with your car]

PS Having read the other thread it seems to me you should contact VOSA & open a paypal dispute - the car has been bodged (with filler) and a dubious MOT issued. Basically it's misrepresentation (Fraud) and may allow legal remedies for breach of contract (downside is expense and time ).

On the upside, think of the experience of undertaking a restoration project like this.

If you want to get rid of the car, try the MG Owners' Club

[Edited on 18/9/08 by robinj66]

mr henderson - 18/9/08 at 07:59 AM

quote:
Originally posted by 02GF74

I guess your options are:

1. to open a dispute with paypal to recover some costs.


What would be the grounds for doing that? I can't see that it's got anything to do with them, or even the seller, unless he was the one that MOT'd it

John

Humbug - 18/9/08 at 08:18 AM

*sounds* like an iffy MOT by the seller, but for £100 I would think it is not worth the hassle of trying to pursue it. If you do decide to sell it, I would describe it as is but not claim it is MOTworthy.

just my two penn'orth

Simon

speedyxjs - 18/9/08 at 08:47 AM

quote:
Originally posted by Humbug
*sounds* like an iffy MOT by the seller, but for £100 I would think it is not worth the hassle of trying to pursue it. If you do decide to sell it, I would describe it as is but not claim it is MOTworthy.

just my two penn'orth

Simon


Thats what i was going to do

mr henderson - 18/9/08 at 09:58 AM

quote:
Originally posted by Humbug
*sounds* like an iffy MOT by the seller,


It might sound like I'm labouring a point here, but how can the seller provide an 'iffy MOT' unless he is the MOT tester that provided it (the OP hasn't said either way, but I think we can assume that the seller is not the same person who issued the MOT)?

So again, the OP has no argument with the seller, nor has the seller done anything illegal. If the car has a genuine MOT which should not have been issued then it's the issuer who is at fault, not the seller

John

froggy - 18/9/08 at 02:40 PM

if the test is over three months old then you are stuffed and even if the test was done yesterday you still end up with a rotten car as the vosa appeal system means yo have to pay for another mot and if successful the test station will be penalised but the car will still be rotten and wont be put right

martyn_16v - 18/9/08 at 08:16 PM

quote:
Originally posted by mr henderson
So again, the OP has no argument with the seller, nor has the seller done anything illegal. If the car has a genuine MOT which should not have been issued then it's the issuer who is at fault, not the seller


But the seller may well have got a mate who is a tester to give it a ticket on the sly knowing full well it was a scrapper. It happens all the time, and the owners are fully aware of what is going on. I know, I've done it myself when I were a lad (just to keep my rust bucket on the road, not to sell on though).

Still F all you can do about it through eBay though.

mr henderson - 18/9/08 at 08:39 PM

quote:
Originally posted by martyn_16v
quote:
Originally posted by mr henderson
So again, the OP has no argument with the seller, nor has the seller done anything illegal. If the car has a genuine MOT which should not have been issued then it's the issuer who is at fault, not the seller


But the seller may well have got a mate who is a tester to give it a ticket on the sly knowing full well it was a scrapper. It happens all the time, and the owners are fully aware of what is going on. I know, I've done it myself when I were a lad (just to keep my rust bucket on the road, not to sell on though).

Still F all you can do about it through eBay though.


But the seller is not the person responsible for issuing the MOT. If a Tester passes a car that he shouldn't have then it's the tester that's at at fault, not the owner or anyone else.

The seller sold the car as having a current, valid MOT, and that was true. The fact that the MOT should not have been issued has to be taken up with the issuer, not the seller.

As you say, there is nothing that the OP, ebay or paypal can do about it.

John

Minicooper - 19/9/08 at 10:23 AM

What I find odd, there must be several hundred thousand classic cars across the country, most of which I bet have not been fully welded.
So what is happening with these? I don't believe for one moment they have been taken apart and rewelded to pass a MOT, there must be classic car friendly garages that will MOT them as is

I'm only referring to the stitch welded repairs not the use of filler

Cheers
David