How to get money back from bad seller on eBay?

[[GSV]Trig]

Basically bought an engine for the Cav from eBay.

http://cgi.ebay.co.uk/ws/eBayISAPI.d...m=140084673681

Paid a £250 deposit via paypal.
Went to pick the engine up on Sunday 4th.
ECU Was missing from the bits so paid £100 less than auction.

Saturday 10th m8 that works for Vaux came round to help stick engine in Cav.
Did a compression test, 200, 130, 130, 0.
Engine was actually an X20XEV with the LET head/F28 and other bits bolted to it.
Went to see the guy (He only lives 20 miles away), he wasnt in, explained the situation to his girlfriend and she said he still had the money and that she was sure it was a genuine mistake.
Spoke to guy later that day after I had raised a dispute with eBay and Paypal as item was not as described.
Guy said he would refund when he got paid.
Texted him yesterday (16th) and he said that he hadn't been paid enough to refund us and that he would contact via eBay to resolve the matter.

He is now saying that he wont refund us and that the engine was sold as seen and that he is well within his rights not to refund us.

So, what do you guys think, he miss sold an item, said he would refund and now is saying that he wont.

I have raised both eBay and Paypal as far as I can..

[jamin]

Ouch!

It doesn't state sold as seen in the ebay ad and he stated running perfectly. So it was mis-sold and falsley advertised, ebay and paypal should uphold your dispute technically and you should get most of your money back. But thats in a perfect world and ebay/paypal certainly arent perfect. Good luck mate I hope you get your cash back. I can't stand scoundrels like that and would be more than happy to give you a hand launching the motor through his fornt window.

[GoNz0]

get some mates, and go round. TV, DVD, obviously has a PC..

i would have already launched the engine through the window, and removed goods to the value while i wait for the refund.

[jamin]

Note to self: Never ever upset GoNzo!

[Clunk]

Yep, claim the money back from paypal, if they dont pay up, then you nip round and get it back yourself

Although, did you pay by paypal? or was it cash? How did you pay less than the auction was for, due to the missing part?

[GoNz0]

sounds like deposit via paypal of 250, then take 350 of the final price as he reduced it by £100 with no ECU, so he may have handed over nearly £600 when collected ?



get the lads together...

[[GSV]Trig]

£250 via paypal.
£640 cash on pickup.

Have spoken to the guy on the phone, he's said he cant afford a refund but will help me sell the parts to get my money back.

[zashark]

Personally mate i know the situation and i can give you some time saving advice, if you have paid by cash your stuffed in lamens terms, and if you have paid through paypal prepare for a lenghty wait, and normally by the end of it, you still will be no better of! truthfully take Gonzo's advice and see if you can "twist his arm" Good luck

[GoNz0]

so he is going to help you sell the faulty parts off ?

wheres he going to get the other £500 ?


does he by any chance have a vauxall parked in the driveway ?
he could always do the right thing and offer you that, he will say yes if your holding a claw hammer at the time

the guy has skanked you..

[jamin]

so he is going to help you sell the faulty parts off ?

wheres he going to get the other £500 ?


does he by any chance have a vauxall parked in the driveway ?
he could always do the right thing and offer you that, he will say yes if your holding a claw hammer at the time

the guy has skanked you..

Agreed mate, thats a lot of money for a useless lump of aluminium and iron. IMO it seems that this guy is in some financial difficulty judging by his behaviour (naff engine sold as pristine), he was just after the money quick and as it was mostly a cash payment I would say he is playing you for time now by "offering" to assist in selling the parts. Gets the lads in, I'm sure we can muster a Hexus lynch mob to lend a hand!

He doesnt happen to have a Vauxhall on the drive with the same lump in it does he? If he does a little "gentle" persuasion would probably convice him to swap the naff one for the one in his motor.

[[GSV]Trig]

Yeah he's got a pair of Cav GSi's..
Reading thru eBay it seems theres next to no chance of me getting any money back as it was a cash deal, I've already had a reply from Paypal saying that there not going to give me any money back.

[jamin]

Aw trig that sucks, go round and offer him an easy way out: The working lump out of one of the gsi's and he takes the scrap back.

At the end of the day you both entered into a legally binding contract which he has breached by not supplying goods as described. Have you thought about going to Citizens Advice and asking their opinion?

[Clunk]

Trig, did you use a credit card to pay paypal? If so, its worth contacting them to get some of it back, and they will get it back off paypal

[GoNz0]

Yeah he's got a pair of Cav GSi's..
Reading thru eBay it seems theres next to no chance of me getting any money back as it was a cash deal, I've already had a reply from Paypal saying that there not going to give me any money back.

where do you live? if enough can make it im sure he will sign over the car.

[Rave]

Small claims court TBH. He's provably misrepresented the goods by a) describing it as an LET when it's an XE/LET hybrid and b) saying it's working when it has no compression on one cylinder.

You should win in court, whether that means you get any money back is a different matter- although if he fails to pay up I think you can get a court approved bailiff to recover goods/money for you. Better hope he still has a working GSi at that point.....

[SHare]

Just report him to the police, he could have previous and set himself up for a fraud charge. Otherwise, go round and smash his nose through his face til he hands over his wallet.