Refund on deposit paid via paypal?

SamuelMilan
Contributor
Contributor

Hi,

 

Sorry for the long essay, but please read.

 

I need guidance on what can be done in requesting a refund from a deposit we paid for a car that did was not described properly.

 

Basically we was watching a car on eBay a couple of weeks ago.. we did plan to bid on it but was out that day.. The car went for £987.. On monday we saw the car was on eBay again, I asked the seller how comes you re-listed the car as we was watching it, he replied saying because the buyer could not afford the insurance.. We believed him and said we will match the £987 the previously buyer brought it for.. He agreed and asked for a deposit of £250.. I only had £200 in my account and asked if he will take £175.. He agreed.. So he took the auction down from eBay, I paid the £175 deposit and we arranged to go pay the rest in cash on thursday. Bare in mind I live in Somerset and the car was located in London.. So had to travel 130 miles.. I asked the seller are there any other faults with the car that you have not listed, he said no.. The seller was in Spain and he left the car with a friend.. From the auction description, the car was described as in his words "Very good condition with service history verified 12 mths new motconsidering the car is 10 years old
Car has been owned by the present owner for past 2 years owner is moving away car is sold with no warantee and may be with drawn at anytime as advertised elsewhere
car drives perfectly with 2 credit card keys and starts perfect
Please bid if you want vehicle thanks"..

 

When we got to London to see the car, it was located in a backdoor car wash run by Albanians (who were very friendly).. Straight away the guy said the car does not start, but the auction said it "starts perfectly" .. so we had to jump start the car.. Next we notice the millege on the dashboard displayed 0000.. fault? Also on the dashboard said there was a problem with the parking break.. The seller also did not mention the windscreen had 2 cracks on it! ... The heating also did not work, none of this was mentioned even when I asked the seller if it had other faults.. The guy at the car wash said take it for a drive and see what you think.. In doing so, we gave him the remaining £700+ in cash and took it for a 30 min drive.. From here we noticed the heating did not work and a noise coming from underneath that did not sound right.. We took it back to the car wash and asked for the money back, we was fine about that and very emphatic as we came 130 miles, he even offered us our cab fare back to the station. He did say he will try and get the seller to give us back the deposit.. Today I sent a message to the seller asking for our deposit back, he said in his words "No the deposit was taken after your request to terminate the auction and covers my expenditure" ..

 

The car was not described properly and faults were not listed, If  they was listed we would not have travelled 130 miles to buy the car, also bare in mind my girlfriend is pregnant (reason we need a car) and I took a day of work to get the car.. I feel like we've been robbed.. It took us 6 months to save up £1200 for a car and £175 has just ended up in some guys pocket for doing pretty much nothing, we not exactly "well off" .. Would it be possible for us to win the dispute via paypal? I took pictures of the 2 cracks in the windscreen and the dashboard showing problem with hand brake?

 

Thanks, sorry for the long essay

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4 REPLIES 4

kernowlass
Esteemed Advisor
Esteemed Advisor

Sorry bad news, read the below.

 

What items are not covered under Buyer Protection?

                  Question                  :                                  Answer                  :               


There are some transactions that we do not cover including but not limited to payments for:

  • services
  • real estate
  • businesses
  • vehicles
  • custom made items
  • airline flight tickets
  • eBay classified advertisements
  • licenses
  • and most intangible items.

Advice is voluntary.
Kudos / Solution appreciated.
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SamuelMilan
Contributor
Contributor

Surely every case is different? 

 

And if someone sells something saying there are no faults, runs pefect, then turns out that is a lie.. there are faults, the car had 2 cracks on the window and didnt even start without a jump start! 

 

Sorry but people can not get away with this.. morally he should just offer the refund, but clearly he's not that type of person

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kernowlass
Esteemed Advisor
Esteemed Advisor

No as every case involving a motor vehicle is not covered by buyer protection.

 

For collection items or motor vehicles NEVER use paypal, cash on collection and inspection of the item/vehicle first.

 

If you want advice re a private sale then contact trading standards but as it was a private sale and not from a garage etc I don't think you will be covered by Distance Selling Regs either.


Advice is voluntary.
Kudos / Solution appreciated.
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robbos
Contributor
Contributor

did they have bad feedback for similar? if so id report it to the police as theft 🙂

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