Disappointmet Buying Star

[Submariner1]

Report as fraud?

Hmmm and report yourself for committing fraud at the same time.
Technically both you and the seller committed fraud against eBay!
You both used the eBay Marketing platform to promote goods and find each other .. and then decided to cheat them out of their selling fees etc. By doing a side deal in cash.

Sadly for you the deal you did, is poorly documented at best ... your snake, is also quite clever in most of the texts he never to mentions the details of the transaction.
OK in 2 texts, one could argue he substantiates the deal, as you have outlined it.
But boy is it loosely documented; a sleasy solicitor and a lying seller could string this out.
He could easily argue that as the C3 was not available you elected to buy the current system!

Dont get me wrong ... but you are on “soggy ground”.

In light of the weakness of your case, my advice would be to pop over and catch him in, and get your money ... or watch him transfer it by Paypal, or if he wont do that get your C3 kit and get an invoice ... if it doesnt work then pursue that as a seperate issue.

I know you have bought a different C3 system.

I am sorry for you ..
But I wouldnt go anywhere near eBay ... they have been know to go for people, who cheat them!

Btw you also fail the equity test. Namely a complainant must under Equity come to court with clean hands!
Yours are technically a tad “grubby” , namely the whole original basis of the transcation is based on a deal that was designed to defraud eBay!

 

[M80]

Some very valid points there Sub', and I've previously admitted as much.
Although a seller sells to an eBay contact. That contact has paid the money direct, as happens with a car purchase post auction often. I see the seller aas having responsibility to declare the deal to eBay. If I were to contact eBay openly I don't see what they could say I had done wrong.

I accept that a CC judge might like to penalise both slimy parties though.

Hopefully he will have enough conscience to refund otherwise I might feel the need to, well there are a few actions I could take and while it might not mean I recover my dosh it can warn others and make his life far less easy, and even more expensive.
The truth is if he is isn't likely to refund my 70Kg trying to harrass a 20 years younger night club doorman isn't going to change much.

 

[Submariner1]

Some very valid points there Sub', and I've previously admitted as much.
Although a seller sells to an eBay contact. That contact has paid the money direct, as happens with a car purchase post auction often. I see the seller aas having responsibility to declare the deal to eBay. If I were to contact eBay openly I don't see what they could say I had done wrong.

I accept that a CC judge might like to penalise both slimy parties though.

Hopefully he will have enough conscience to refund otherwise I might feel the need to, well there are a few actions I could take and while it might not mean I recover my dosh it can warn others and make his life far less easy, and even more expensive.
The truth is if he is isn't likely to refund my 70Kg trying to harrass a 20 years younger night club doorman isn't going to change much.

Other than the ebay element ... you still have the right to either get the system you agreed to buy or your money back.
I would still persue it just omit the eBay aspect. It was a verbal contract, still enforceable backed up by thise 2 texts where he substantiated it.
Unfortunately the Loaner aspect clouds the issue. Or at least gives him opportunities to try and weasel out of it.

Best of luck.

 

[M80]

Since the chap has agreed to refund following reciept of the loan kit I would say that that supercedes any previous agreement, in effect a new contract.
Yesterday he sent a text to confirm safe receipt and undertakes to transfer the funds tomorrow. That being carried out I'll move on and learn from the experience.
The cost of postage is cheaper than the fuel to visit and saves me the potential of wasted time. it's easy to get angry and seek some kind of justice but taking the path of least resistance generally works better.

 

[PovertySpec]

Glad it's worked out for you and I hope he comes through with the refund.

 

[Submariner1]

Since the chap has agreed to refund following reciept of the loan kit I would say that that supercedes any previous agreement, in effect a new contract.
Yesterday he sent a text to confirm safe receipt and undertakes to transfer the funds tomorrow. That being carried out I'll move on and learn from the experience.
The cost of postage is cheaper than the fuel to visit and saves me the potential of wasted time. it's easy to get angry and seek some kind of justice but taking the path of least resistance generally works better.

Glad to hear
But did he refund it?

 

[M80]

Alright then enough suspense.

Sat 6th, "Item arrived safely will refund Monday, send bank details noon Monday"

I replied to say that the bank details are inside the box with the kit, but sent a text with the details on the Monday as a prompt anyway

12:44 Tuesday, "Forgot yesterday shall do today, which bank is it".

Sometime Wednesday he transferred the £400, typical of his reliability really.
Only 7 weeks from payment to refund.

The new Star kit had the Viano running within a couple of hours. I'm now waiting on a DPF temperature sensor and there is a hi diff pressure fault. The sensor is I believe because I've stripped the exhaust and sensors, better left alone given choice. The hi diff pressure might well have been present previously?

 

[McDonald]

A happy ending - excellent.

 

[LostKiwi]

Really pleased it's coming together for you Martin. I have to admire your tenacity and patience!

 

[M80]

Really pleased it's coming together for you Martin. I have to admire your tenacity and patience!

Thanks Alistair, but what choice really?

 

[John Laidlaw]

All ‘good’ in the end...what a palaver though Martin!

 

[robparker]

And just to confirm, eBay is one of the safest places to buy "postable" items of any value, as long as you do the transaction all on eBay (card or PayPal, doesn't matter). If there is a scammer, you will get your money back, and there are plenty of us honest folk that sell there regularly! It pays to check what feedback the seller has left other people, gives you a sense of who they are.