View Full Version : eBay auctions, binding contracts etc...
Aly
21st November 2010, 18:24
Right this is fairly long and complex.
About a week ago I was browsing eBay trying to find a runabout (i've got one now).
Saw a cheap 106 Diesel for £155 with 10mins left thought it was worth a punt.
97,000 miles really clean etc, never been crashed I checked, had a bit of oil smoke while it was running but this could have been something small. Had no Tax or MOT on it either.
Anyway I won it for £205, contacted the seller straight away said when are you free to come and see it. He said could you come this evening, Auction ended at 11am and I was at Uni all afternoon, asked If I could see it the next day.
Said he was working all day and I could only buy it on the evening. I was asking if he could MOT it for me so I could Tax it then I would pay the cost of the MOT, now either he thought the car would fail an MOT or didn't believe me but he wouldn't do it. He was coming up with every excuse saying he needs it shifting quick, he's very busy, he's going away.
I said no worry there is no rush If you can MOT it I will pay the costs, offered Paypal etc. Said I can courier it to your house, no way I'm buying a car off eBay for it to turn up at my house with No Tax and No MOT for £200, plus he said it would cost me £100 and I wasn't doing that either.
Kept phoning me I kept saying listen If you can MOT when I'm down there I will take it etc, still saying no I'm not going to MOT it.
So thought we're getting nowhere on the phone now I've told him had enough etc, he's opened an unpaid item dispute on eBay, he's saying he's been 'dealing with ebay for years' even though he has a new account, on the phone he sounded like the type not PC capable and he's telling me he's a lawyer and that he has experience with this.
Now am I in the wrong? I'm going to phone eBay tomorrow and explain everything that's been said and see what happens, stress like this I don't need.
Oh also he rang me about 3 days ago saying I really need this sorted quick as I am going on holiday and will be away for a week, yet he is still contacting me.
Moke
21st November 2010, 18:25
I would have just gone to Specsavers tbh.
J222JRA
21st November 2010, 18:28
TBF i see it as the car was advertised as having no mot or tax so it should be upto you to sort that out.
Its like adverts that state no postage, someone then buys it and starts asking about postage....its just not how it should be.
This is just how i see things though.
Furio-92
21st November 2010, 18:28
Well, you did bid on an item that stated that it was not taxed and tested. However, he is being abit of a nob over the whole thing. 50/50 Situation imo.
Scott
21st November 2010, 18:28
Are you in the wrong, in short yes you are.
Robin91
21st November 2010, 18:28
So if I'm reading this right, you bid for & won a car, knowing it had no MOT and Tax.. Then decided you don't want it unless he'll have it MOT'd (even if you're offering to pay)? Despite the fact he never agreed this prior to you winning..?
Sounds to me like you're being a time waster, I'd be very pissed off if I was him! However I may have misunderstood..
Aly
21st November 2010, 18:32
TBF i see it as the car was advertised as having no mot or tax so it should be upto you to sort that out.
Its like adverts that state no postage, someone then buys it and starts asking about postage....its just not how it should be.
This is just how i see things though.
Are you in the wrong, in short yes you are.
Cheers I did phone him before I bid to say would he MOT but he never answered.
He was saying I could drive it back to mine with no MOT or Tax but no way was I doing that, friends and family told me not to do that.
All I wanted was an MOT and he said 'Yeah 100% it will pass an MOT' So I really don't understand why it was such a problem for him to do so.
Oh also Robin,
I know it can be seen like that but the way he has been, ask my mate Wrighty on here last night he rings me constantly and you totally can't reason with this guy.
The issue is I'd rather not pay £100 for a courier on a £200 car.
Scott
21st November 2010, 18:34
You entered in a sakes contract knowing the conditions, you agreed the sale and are now reneging on the contract you entered.
The guy is totally correct to raise a dispute regardless of his excuses, you are messing him around not.
Aly
21st November 2010, 18:38
You entered in a sakes contract knowing the conditions, you agreed the sale and are now reneging on the contract you entered.
The guy is totally correct to raise a dispute regardless of his excuses, you are messing him around not.
Cheers Scott,
I know the conditions but It's also based on that the car is as described, and he was saying deliver it to my house and I told him I want to see the car first.
I mean one second he was saying it will pass an MOT and the next he would say it might fail on emissions, he was constantly changing his story.
He was giving me no other option.
blackie_2k5
21st November 2010, 18:45
i agree with scott tbh, too much of it about now, not saying youve done it on purpose, but its happend to me loads, and when you really need the item shifted its a pure pain
not long ago i had a kx60 for sale, someone won it then never contacted depsite loads of emails, it then cost me another week and another listing fee to sell it to what seemd like a school kid, who on reading the ad clearly stating my area and the fact it was colection only, he asked where i lived (he was 400 miles away) and could i deliver as he couldnt colect, so it cost another week and another listin fee(that was nearly £30 down and the bike went for fuck all in the end becasue ppl realised it had been on 3 times in 3 weeks and thougt it must be a shed). this was like the 9th time in 3 months this had happened to diff cars or bikes, i now wont sell on ebayas they cant do FA about it but blacklist you...... and you dont get re embersed
MiniGibbo
21st November 2010, 18:49
I'd hire a trailer for £35 and pick the car up and stop wasting the guys time..
craig180
21st November 2010, 18:54
Or book it into an MOT station close to you, insure the car for the day and drive it straight to the MOT station
mechsman
21st November 2010, 18:58
I'd hire a trailer for £35 and pick the car up and stop wasting the guys time..
^ this! Stop being an arse. You won the auction knowing it had no mot and tax. Stop dicking about, pay the bloke and either pick it up or get a quote to get it lifted by a transport company.
Petee
21st November 2010, 19:04
Sorry but its pretty silly to ask a bloke to MOT a car for you?
You won the bid/car over ebay. Its stated no MOT/TAX so why would you ask a random guy that doesn't even know you to MOT the car?
I wouldnt, i would tell you to jog on a bit quick.
mark16v
21st November 2010, 19:05
Bought several cars off E-bay, you bid, you pay, you drive or trailer/tow away, end of. I feel sorry for the seller, he just wants rid of his car, wether it be roadworthy or not
Saxo-SX
21st November 2010, 19:08
Because its got no MOT you'll have got the car cheaper.
So if he was going to MOT it, he'd MOT it THEN put it up for sale and sell for more.
Moke
21st November 2010, 19:09
I've said it once... I'll say it again...
You should have gone to Specsavers.
Petee
21st November 2010, 19:11
I've said it once... I'll say it again...
You should have gone to Specsavers.
I heard Vision Express is better.... :err:
Rotrex_Rallye
21st November 2010, 19:13
It's obviously f**ked and won't pass it's MOT by the sounds of things. Regardless of whether he told you it would pass or not, you simply can't just take someone's word for it. Pay the man, get it MOT'd, and put it down to experience.
Moke
21st November 2010, 19:13
I heard Vision Express is better.... :err:
I heard the solution they use comes from sex wee :S
K17NEY
21st November 2010, 19:14
What James said...
Petee
21st November 2010, 19:14
I heard the solution they use comes from sex wee :S
I know but, Specsavers are Dick holes. :A:
LVC
21st November 2010, 19:21
£205 for a car - you get what you pay for....amazed it's got four wheels let alone an MOT.
Pay up and go get it - but I wouldn't expect any diesel in the tank.
Liam_
21st November 2010, 19:23
I would ring him, explain you have a car sorted out, and offer him a small settlement figure for his troubles.
Jamie
21st November 2010, 19:27
As said dude, you are in the wrong:P
Placing a bid means you agree to adhere to the terms and conditions of ebay.And in his listing he would probably have stated some clauses as such of his own, or just stated some things to cover his ass.
Ebay is a binding allegedly', although you'l probably get away with it as such with little agro.
Aly
21st November 2010, 19:32
As said dude, you are in the wrong:P
Placing a bid means you agree to adhere to the terms and conditions of ebay.And in his listing he would probably have stated some clauses as such of his own, or just stated some things to cover his ass.
Ebay is a binding allegedly', although you'l probably get away with it as such with little agro.
Thanks Jamie appreciate it.
I mean at no point have I said I wasn't in the wrong, It's better to know from another perspective since I'm talking to eBay tomorrow.
Next time I don't think I'll commit to such a heavy trigger finger.
Still if he says he's used eBay for years and he has a new account he could have done this before? Not worth jumping to asumptions though.
I would ring him, explain you have a car sorted out, and offer him a small settlement figure for his troubles.
I'm scared Liam,
I know I come accross as quite confident especailly when you've met me but I'm nee good at stuff like this.
LSOfreak
21st November 2010, 19:35
Or book it into an MOT station close to you, insure the car for the day and drive it straight to the MOT station
just do this and stop messing the c*nt around
Graeme
21st November 2010, 19:36
i think ringing ebay tomorrow wont change anything, and they will tell you to pay or give you a bad mark on your account for not paying as agreed when you won
Jamie
21st November 2010, 19:39
Thanks Jamie appreciate it.
I mean at no point have I said I wasn't in the wrong, It's better to know from another perspective since I'm talking to eBay tomorrow.
Next time I don't think I'll commit to such a heavy trigger finger.
Still if he says he's used eBay for years and he has a new account he could have done this before? Not worth jumping to asumptions though.
I'm scared Liam,
I know I come accross as quite confident especailly when you've met me but I'm nee good at stuff like this.
No worries dude, He's probably just talking crap about that, or he could have access to another account like I do, tbh though he's probably just annoyed and trying to make you scared' so you submit if you catch me. I often chat pap to a buyer if they don't comply lol:)
Hope you get it all sorted dude,
Jamie
Shadowdemon
21st November 2010, 19:59
Sorry but its pretty silly to ask a bloke to MOT a car for you?
You won the bid/car over ebay. Its stated no MOT/TAX so why would you ask a random guy that doesn't even know you to MOT the car?
I wouldnt, i would tell you to jog on a bit quick.
+1
I don't get why your contacting ebay for there just going to tell you the exact same thing.
Pay him and arrange for the car to be collected, Or contact him like someone else said apologize and see if he'll accept some money for the relisting fees and wasting his time.
Your basically saying you won't collect the car without mot, when the car was sold without mot.
Can you please tell everyone you ebay name for future reference, Because im sure not one person on this site would like to deal with such a incompetent time wasting idiot.
saxo-parts
21st November 2010, 20:39
sounds just like the wasters who came round to collect an A4 off me last year, car had a buy it now price or best offer, clearly stated that there would only be 6 months tax on it if full price was paid, i accepted their offer stating there would be no tax at that price, they came to collect and whinged when there was no tax, politely asked them to gtfo of my yard
Meto
21st November 2010, 22:16
As mentioned before, you are in the wrong.
Put yourself in their position. You are selling a car with no MOT, and its stated as such. You get a buyer who wants something that the car was specifically advertised as NOT having. It's not like an MOT is something that can be easily added to an ageing car, so creates more trouble for the buyer. Having no MOT is the reason why the car was so cheap in the first place.
If you aren't going to buy it, explain your situation and offer to stump up some of the listing fees IMO.
Live and learn and all that jazz.
Aly
21st November 2010, 22:22
As mentioned before, you are in the wrong.
Put yourself in their position. You are selling a car with no MOT, and its stated as such. You get a buyer who wants something that the car was specifically advertised as NOT having. It's not like an MOT is something that can be easily added to an ageing car, so creates more trouble for the buyer. Having no MOT is the reason why the car was so cheap in the first place.
If you aren't going to buy it, explain your situation and offer to stump up some of the listing fees IMO.
Live and learn and all that jazz.
Thanks Meto,
I don't want to ring the seller unless he changes the way he speaks to people because no level of frustration would lead me to talk the way he does to me on the phone.
Will learn from this.
davidharvey
21st November 2010, 22:28
It may still pass an MOT no bother, maybe the seller just simply does not have the time to stick it in for one.
LSOfreak
22nd November 2010, 00:37
so what are you going to do then, out of interest?
Viper
22nd November 2010, 00:43
As if you're being serious with this.
You entered into a contract with someone and then refused to bide by it?
You deserve any consequences from that. Maybe ask your Uni for a Contract Law seminar :S
smiith
22nd November 2010, 01:14
Why should he MOT the car, when you bought it without MOT..
For all he knows, you could say you will pay, him take it for an MOT, find out it will cost 200 quid to MOT, and then you say you dont want it then.. Then he has the price of a test, and the cost of relisting to pay.
You bought it how it was, so go and pay the man and stop been a total cunt. Its not his job to MOT it.
Nik_L
22nd November 2010, 01:49
Or book it into an MOT station close to you, insure the car for the day and drive it straight to the MOT station
IIRC it would need trailored because it has no tax so all 4 wheels must be off the ground.
ryanmt
22nd November 2010, 20:06
No - you can drive it to the MOT station without tax or mot - just insurance and only to the mot station and back.
Its £200, stop acting like a clown and pay up. I feel sorry for the guy your messing around, he sounds like he is trying to be reasonable but you are really taking the piss, no wonder he is reaching the end of his tether. He will be able to get most of his fees back bar the inital listing fee when it starts proceedings for a none paying bidder. You will get an unpaid item strike and be one step closer from being banned from ebay for not following the rules :D
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