Ebay purchase - help & advise pls

[Lobo]

Ladies / Gents...help please; I've not a lot of experience with ebay.

Recently 'won' an ebay auction on a 'better than new' SS50, rebuilt at a cost of £4000. (apparently). (got it significantly below this number) Lots of glowing words, including the fact that it has V5 (dealer selling for a friend who could no longer use it).
I paid a deposit & it was due to be delivered to my dad's / Basingstoke last Saturday.

Except on Sat a one sentence email "The Honda will be delivered Sunday 16:00" (the seller doesn't do small talk / social niceties)
I write back along the lines of "Fine, don't forget to send the V5 along; I'll complete it & send it DVLA"
Shirty reply, "I'm a dealer, I know about V5s and it's me who has to send it off"
My reply, "Ok, but I still need to see it / sign" before I hand over the balance"
His reply, "Looking for it..."
And then, "Lost it... will refund your deposit"

I said not acceptable; and that a replacement V5 can be got from the DVLA...

Today's email, "I can't get a V5 easily, and besides someone else wants to buy it without the V5. Will refund your deposit" (why would anyone want a mint / expensive bike without a V5???)

So guys.... I've all the time in the world, and can be bloody minded if I want to be.
And in this case I do.

In the last few minutes I've sent him a copy of the ebay advert which clearly stated the V5 is present. My gut feeling is that he's been offered a better price since the auction ended & he's trying to get out of the deal.

Best way to go about this... I'm determined to make trouble! (and of course I realise that its unlikely I'll get the bike if he's determined not to sell it)

Simon.

[hairygit]

He has entered into a legally binding contract with you on e-bay, and it works both ways, if you failed to pay for the item he could take legal action against you, and he is legally obliged to let you have the item, or you can take legal action against him.

[tom400f]

Hairy - is that really true though? As a distance purchase the buyer can cancel within 7 days. Not sure about the seller.

I have won things for cash on collection and when I get there the item is rubbish and I just say sorry it's in poor condition and walk away. Point I am making is that "ebay is just a venue" (a phrase they are fond of trotting out I can tell you). They may bring you together but no more than that. The seller can cancel the completed auction (ok buyer has to agree or a "case" is opened) but it's all just huff.

I could be wrong and I suggest, Simon, you do the ebay case thing but as you are getting your deposit back there's no loss to you (apart frrom the bike you had set your heart on). Else what, courts? Seems unlikely.

[UK Pete]

The fact is it is a legally binding contract, and as he is a dealer more reason he should stick to it, if you really want the bike and the hassle then let him know your prepared for legal action, if that aint enough to make him reconsider then open up a case with ebay but dont be palmed off, keep all correspondence
If you dont want all the grief then shout it from the roof tops how bad he is, let every one know just how devious he is social media/ forums etc 
pete

[SteveD CB500K0]

Something similar happened to me.
Bought a Remus Powercone for my Tiger but the guy quoted £35 shipping. When I said "Don't bother - I'll collect it" he relisted it and sold it to someone else.

You can't leave bad feedback for a seller (I spoke to eBay who were very helpful, but they are paid by the seller and obviously know where their loyalties lie...)

[AshimotoK0]

Sorry to hear about your hassle Lobo, very stressful. Yea report him to eBay and see how it pans out but I suppose anyone can worm out of it saying item was lost, damaged etc and not sure how you stand there.

Do you have a link to the original auction?

eBay is a minefield but I must say I have made some great contacts with people, who have become good friends but also had some major disappointments with rare items that were rubbish or items where the seller never sent the goods and you have to resort to a case with eBay/Paypal.

Steve thought it was the other way round, you can leave bad feedback as a buyer but not if you are a seller?
Ash

[Lobo]

Thanks fellas,
Love this forum!

My last email to him...

"David, agreed, I've not seen it. But you wrote "the bike is excellent and £1,000 cheap", and the seller wrote, "this classic bike is better than it was in the showroom in 1977".
And on those 2 accolades, alongside the ebay photos I'm prepared to accept your words.

I've done all that's required of me, including checking up (before bidding) that you could hold it a couple of weeks. You / the seller have had all this time to check / realise V5 etc in place.

The ebay ad clearly states that the bikes V5 is present.. as copied you.

It is not my fault that a delay might now occur because a new V5 is needed, and not a reasonable reason for you to break a contract.

And for you to state on (an ebay forum) to me that a new buyer wants (a mint / £3000+ motorbike) "without a V5" does rather suggest something underhand is happening.

As I've said all along, the balance of £xxxx awaits you when the bike is kindly delivered. If you refuse to deliver it... I can arrange collection.

This ought not to be the drama it's shaping up... I just want to take ownership as agreed in the ebay terms & conditions.

So, please seek a new V5. Let me know when you have it & I'll take delivery of the bike.
Simon"


...... and then this response...(in full!)

"We have a buyer that accepts no V5
There is nothing under handed
Either take it without the V5 or we will sell it"

------
Hmmm, as I say, niceties are not his forte...

There are plenty more SS50s out there, I know, but it's become a bloody case of the red mist. (You've only seen 1/10 of the emails) In the last 2 mins I've written him my account details, and said I'll take a refund... with ..."If you do this you are breaking a binding contract"

I'll not loose sleep over it, but rather take my pleasures out on ebay feedback, along with any other suggestions you guys might have!

Simon.

Hi Ash, yea, the link..


http://www.ebay.co.uk/itm/HONDA-SS-Fully-Restored-NO-RESERVE-/271752418852?ssPageName=STRK%3AMEBIDX%3AIT&_trksid=p2047675.l2557&nma=true&si=URkyGYeGmaOr6D6qM%252BPr%252FU54sPo%253D&orig_cvip=true&rt=nc

[tom400f]

Under handed (sic)

Bloke is obviously a bozo. Shame, looks a great bike.

If he was that worried about the selling price then shouting no reserve is disingenuous. Bit rich, his actions thereafter. Ebay operates on trust. Do your worst.

[Lobo]

Just got this!!! (In full again)

"When you buy any vehicle you do not receive the V5 directly
we sell many bikes without documents to realistic customers as we can also sell this one without V5
And for more money!"
-----
Love that word 'realistic'.... plainly I'm a git for not unquestionably handing over a big wad to a shady dealer...!!!

Ho hum..

Ash... Due the (numerous) historical emails in this, with me being polite / accommodating all along, versus his unfriendly / mounting excuses not to sell I reckon I'd have a strong case.... assuming an ebay human reads it!

But frankly, it's only a bike, and not a special one at that, worse things happen at sea etc. I'll take my pleasure out in the feedback area and walk away.

You live & learn eh?

Simon

[Bryanj]

The v5 has to be sent off by the seller to notify DVLA so how is he going to do this BUT a small part is retained by the buyer so that he/she can tax the vehicle(don't forget even if Historic it has to be taxed at £0) and that should be passed on.

Ebay is a binding contract and all you can do is leave negative feedback, being very careful and exact in your wording plus complain to ebay

[Nurse Julie]

I wouldn't give up that easily Simon. The chap is obviously a bandit and it makes me wonder if he actually owned the bike in the first place. Some people advertise a product on ebay that they do not own, or are not even in possession of. If they get any interest or a bid they then try and purchase the item from the owner of said item, in this case a bike but it happens regularly with cars also. If they can't have a deal with the real owner at a lower price than what they have sold it for on ebay, they contact the winning bidder and tell a load of porkypies, ie lost V55 and pull out of the deal due to some other erroneous reason.
Personally, I would give him hell and a few sleepless nights

[kent400]

Seller has a feedback score of 53 with two negatives both for what appears to much the same as you are experiencing. He states he's a dealer but should he not therefore be a business seller? As for legal action, that would be via the County Court and you would have to prove a financial loss because the seller did not proceed with the agreed sale. Ebay will still charge their final value fee as as far as they are concerned the bike sold and at three grand that's a tidy sum unless somehow he's going to get out of that. Do your worst with negative feedback Simon

[Lobo]

Thanks guys...

Julie, my problem is I live & work abroad... and to do anything involving the law would be a non-starter. (and more to the point, why give myself the stress, its only a bike) I do though think you might be right as to his modus operandi - interesting. Whilst I'd like to give him hell / a few sleepless nights.... that would assume he's a caring human being. Somehow, I think he's seasoned in such behaviour & so unlikely gives a sh*t! And as Peter points out, I've not lost out financially.

Very glad to read he'll have to pay ebay regardless... 15% is it?... a tidy sum as you say Peter. I too saw the previous negative feedbacks.... and just hope ebay give me enough character spaces to fully 'do my worst'. And thanks Bryan, will stick to facts rather than being emotive.

I'll wait until the deposit is back in my bank, and then complain to ebay / write a few choice words for his future clients to see.

Ho hum...
Simon

[Nurse Julie]

Yes Simon, get your deposit back first and then let rip to anyone and everyone. It is a real shame when these planks treat genuine buyers like idiots. Im tempted to go and see the Winebago he has for sale but after reading his rules and regulations on how to get an appointment to see it, I don't think I will bother 

[Woodside]

I'm losing faith in ebay especially when it comes to vehicles....parts and spares it's still great..
Only this Saturday I had this happen when selling a bmw f650 I picked up cheap
Advertised for spare or repairs project as it had a stood for 5 years and it doesn't interest me at all...
After auction ended I contacted the buyer fairly promptly...and struggled for a reply.
I did eventually get one saying his dad was using his account a had won the auction.
i then struggled to get a collection time from the guy..and was given a mobile number that was dead???
I did figure at this point that the buyer was a nob....and I would hear no more.
Then an email came through saying " I'll collect sat am"
Waited in and a guy turned up saying he had come to look at the bike..( no you've come to pick it up!!!)
After a bit of a wierd wiggle and brake pump he said "sorry it's not  for me"
I replied "sorry mate you've brought it its an auction and get your cash out"
Which resulted in him explaining he knew nothing about an ebay add and he only heard about the bike Friday?
At this I lost my rag and told him to f##k off
I really wish I hadn't because perhaps he was telling the truth and I could've got to the bottom of it all but he wasn't hanging around....
Thought that was it but I got an email that evening saying I had wasted his time ( cheeky twat )
Which I kindly replied telling him to belt up and politely added his address to the bottom of the message ( I figured he thought he was safely trolling me anonymously from afar)
Can't get my head around it ...if it was a scam who was winning??...he did turn up in a car so was definately not collecting....
Anyway I still have a bmw I don't want and there is nothing I can do because as you rightly say ebay don't really care...I should get fees back so it's no loss but you have to start all over again...
So to sum it all up Ebay sucks and car and classic is a much nicer place to sell with very genuine buyers and not the usual kebab munching p##s heads bidding when drunk

Hope that makes sense