It's fair to say that unless the original poster goes down the legal route he isn't going to get his money back :Whatever_ Everyone is wasting their time with the seller.
Please only buy items from paid up members with over 100 posts! |
'Most' Solicitors offer a free 1 hour consultation. I'd recommend you go and have a chat with one and see what they have to say.
If that route doesn't appeal, then use the small claims court. I urge you to pursue this as what he (tomtit88) has done, is tantamount to stealing. |
The seller simply cannot win in court .... the evidence is all around that he sold a duff engine. So, the buyer would be due the purchase price plus all the costs involved in the aborted attempt to replace the engine with a 'working unit'.
Then the seller will have a CCJ against him - not sure what value is placed on that by the seller to be honest. Baliffs can then be sent in to 'collect' items to the value of the Court Order. However, I must point out that the Court will take a completely dispassionate view of the situation and ask a few simple questions:- 1. Was the buyer made aware, at any point, that the Engine was duff? 2. Is it reasonable that £300 would buy a serviceable Engine? 3. Were any assurances given as to the Engines condition? The court will, correctly, ascertain that the seller knew the condition of the Engine (no court in the land will believe that the seller didn't run the engine because it had no MOT or Tax!!!). If the engine was described as only having a misfire .... yet it had very serious faults then the seller is in for a rough legal ride. However, the buyer must accept some responsibility for his actions. He must have known that £300 was too cheap for an engine without faults. The engine was up for £500 and the seller dropped to £300 because the buyer didn't have £500 (but was able to fund £700 in fitting!?). In my honest opinion, the court would award 50/50 .... the seller would be liable for 1/2 the buyers costs (could be £600?) - the buyer would have to accept the loss of the other £600. To my mind, the seller should return the £300 (the engine meant nothing to him as he has said). The buyer should withdraw the claims for the rest of the money. And they both put it down to experience. Come on, lads ....... settle on a return of £300 and be done with it? |
Originally Posted by pslewis
(Post 9496009)
However, the buyer must accept some responsibility for his actions. He must have known that £300 was too cheap for an engine without faults. The engine was up for £500 and the seller dropped to £300 because the buyer didn't have £500 (but was able to fund £700 in fitting!?).
In my honest opinion, the court would award 50/50 .... the seller would be liable for 1/2 the buyers costs (could be £600?) - the buyer would have to accept the loss of the other £600. To my mind, the seller should return the £300 (the engine meant nothing to him as he has said). The buyer should withdraw the claims for the rest of the money. And they both put it down to experience. Come on, lads ....... settle on a return of £300 and be done with it? To the OP though - this has been rumbling on for days now. Have you actually put any of this in place? If not, you clearly aren't that bothered, the guys have handed this one to you on a plate really! 5t. |
In my honest opinion, the court would award 50/50 .... the seller would be liable for 1/2 the buyers costs (could be £600?) - the buyer would have to accept the loss of the other £600. apart from that, you are (dare i say it :D) right |
this thread gives me a lot of faith in the awesome scooby community!
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All of a sudden, the time I've spent observing my chickens is paying dividends!
:lol1: |
Originally Posted by fivetide
(Post 9496056)
It wasn't "up for" it was offered in response to a wanted - that's the bit that really annoys me.
5t. The only thing that annoys me more is when someone posts in Wanted 'Wanted..... a buyer for xxxxx'. Pay the money to join scoobynet then you can sell whatever you want. |
SN should like some other forums, not allow viewing and/or posting in some sections
so if you want to view the wanted and for sale sections you have to be a paid up member OR have X number of posts or even have a long standing member vouch for you steve |
Originally Posted by Steve001
(Post 9496226)
SN should like some other forums, not allow viewing and/or posting in some sections
so if you want to view the wanted and for sale sections you have to be a paid up member OR have X number of posts or even have a long standing member vouch for you steve |
Thats exactly what they do on the ST owners club. I payed a guy £300 for a remap handset and suddenly paniced I'd never see it agin but because they use this method its usually safe to buy from people on there.
To the OP I hope you get this resolved. If it was me I'd definately be going small claims route as threats and violence arent getting anywhere with this muppet! Hopefully get your money back plus compensation and more importantly than anything, you get your revenge on theiving scum by hitting him where it hurts, his money! |
TBH if it does go to small claims he will only plead poverty and be required to pay £1 an month if that :mad:
I have a possible way of 'getting him where it will hurts' a non-violent option :) does anyone know this Tom fellas surname? |
Originally Posted by Steve001
(Post 9496476)
does anyone know this Tom fellas surname?
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Tom tit lolol .
To be honest i cant see how they live with them selves it makes me sick scoobynet to me is a very very safe place to buy and sell. I here a few bad reports off being robbed but i believe this is part buyer part sellers fault.If i was buying something like this i would have it down.. listen if the engine does not work do you agree to have it back if they agree they got nothing to hide if they stutter then walk away. I know some close people like im sure most do who would kill a man for 300 notes and i mean missing, gone.I know its not the answer but to them that's all they know. I hope the o.p gets it sorted its not a nice feeling at all,I still like to here both sides though. |
Originally Posted by jayallen
(Post 9496543)
Tit??? :D
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Scoobynet sellers..erm... I am sure there are good ones...
The 2 items I have bought. Scoobysport Mudflaps from a car break... only fit for the bin. Prodrive Backbox - Split on the ingoing pipe join.. Not having a good experience either... I have less problems with Ebay. Back on topic...Why this guy has not refunded the money amazes me... :( |
Double Post Oops, Well spotted Big Fud... Google Chrome or SNet issue I wonder?
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This really fu*ks me off.
How does he think it is ok to con people. I sold a turbosmart dump valve to a bloke on here last week. He advised it didn't turn turn up so I refunded him straight away. It was my fault for not sending it recorded. I know it's minority, but there are some right w@nkers out there. What comes around, goes around! |
You a parrot mica???
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yes he is :D
some people are having problem with this?? not suffered it myself |
yes he is :D
some people are having problem with this?? not suffered it myself ;) |
lol double the post count in half the time :D
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got your money yet back mate? or have you been to the police?
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Originally Posted by Myles
(Post 9496137)
Same here. The wanted section is now the new hunting ground of the scammer.
The only thing that annoys me more is when someone posts in Wanted 'Wanted..... a buyer for xxxxx'. Pay the money to join scoobynet then you can sell whatever you want. I do check myself but I can miss some threads |
Originally Posted by j4mou
(Post 9498630)
got your money yet back mate? or have you been to the police?
scoobys still off road and im gutted.. :cry: |
i think if he refunds the £300 then that would be ok,dont leave this tho mate,if he dont cough up then keep onto the solicitor.u well deserve your £300 back atleast!
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This could cost the guy more than £300 if the solicitor gets his teeth into it!!
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Yeah, no need for a solicitor to get a CCJ .... just do it yourself.
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yeah a ccj should wound him, when he cant get something on credit 3 years in the future he`ll think back with regret not for the op but for himself
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