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Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Just so that I am clear you offered a deposit on condition you inspected it?
Can you confirm that you did not actually pay a deposit?
Please note it may be the morning when I pick this up.
I thought this was an asap service, didnt expect not to get an answer tonight
Ok - its not instant, experts work from home and are normal people with day jobs!
Sorry it said you where offline, im just a little worried no offence intended
Ok - if you could give me the info required I can wrap this up for you tonight
I keep it brief, have paid £500 deposit on pay pal for a horse box, was expecting to pay balance on paypal on delivery 15th dec. On 13th he called and stated that had to be cash or bankers draft which I wasnt willing to do. I then Cancelled and asked for refund as he stated he could easily sell van on - ie putting pressure on me. Now stating I have to pay upfront before deliviery with cleared funds into his account - not paypal. He is wanting me to pay for a van I havent seen in full upfront. Im in Teeside he is in Doncaster, He has offered me a viewing but he knows I cant drive far due to a torn cartlidge in knee......he is threatening that i have to pay within 5 days any help appreciated
Did Paypal refund you?
This is a copy of email Hi Julia. Sorry for late reply as sort advise on my legal position. I won't be returning your deposit and will request full balance within five working days. The van is available for inspection at anytime at my workshop. I'm now not prepared to deliver unless balance is paid for in full prior to delivery. I'm happy to accept PayPal as long as you cover all fees and allow funds to be with drawn to my bank account. PayPal is not a escrow service. If this is not acceptable I require you to pay for the cost of the respray which is £1000. It was you who requested a evening delivery I was happy to deliver anytime but as u work and claimed you could not have time off during the day I did agree a evening delivery. Your claim of having the right to cancel due to me not sending full spec list is not valid but I am happy to send one at anytime to any valid email address. You expecting me to stand 7% PayPal fees on the balance is not acceptable as that is over 50% of the profit. This van was resprayed a colour of your choice and while I feel I can sell the van quiet easily the customer may request a different colour or demand a discount. I have no wish to argue with you via lots of emails and I am confident of my legal position. I will add also morally I feel you've been extremely unfair and disgenuine as the van is as expected and could have been delivered within the agreed estimate of delivery. Regards David.
No paypal have not refunded me I have allowed him 48hrs to do the decent thing and above is response I have received in full
Ok -contact Paypal and ask for a refund. This does not come under Doorstep selling but if you agreed to purchase on condition of inspection and Paypal and he is refusing then you can refuse to pay.
Your agreement was conditional and if he did not or now does not agree then he can not force you to buy./
In short cancel the Paypal payment, ask for a refund and there is nothing the seller can do.
Does this help?
In short your contract was conditional and he did not abide by the conditiona.
I am up at 6.30am tomorrow for Court so really need to go to bed.
How quickly would this be ready, would be ideal to have it before xmass, i would need it delivered as cant drive far with knackered knee. Am really keen, just wish i could see before delivered...put being able to use paypal is reassuring jxx
Hi within two weeks of deposit paid and final colour choice. Agree about PayPal and I send a full spec list etc to PayPal so it's all in writing. Balance paid on delivery. Regards
If you have additional questions or need clarification I can do this now or reply early tomorrow?
Yes then you do not need to worry
Ok thankyou very much for yout ime Appreciated !!! sleep well :)
It is all in writing, he agreed Paypal and now he is refusing.
Paypal fees are only 3% anyway
Can I help further or does this resolve it for you?
Will gather more proof and catch you later tomorrow thankyou for this it has been a big help, Apreciated
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Ok lets go for it, the original yellow and white 52 with full mot and tax till Feb to be delivered before the 15th ( ive got dressage away day, maybe in my new van!!) 5500 delivered. Still cant decide on a colour. Deposit to be paid via paypal, is this agreeable julia
with 100k on the clock i think?
Oh does it have horse tie up rings on outside?
Yes that's fine And all above correct. I will send u full agreed spec and agreed terms once deposit paid along with reg of van so u can fully check van out via hip etc. if anything different from agreed or stated PayPal will return deposit. Thanks
I didnt receive the full spec and agreed terms once deposit was paid neither was the reg. I got reg on saturday 14th Deposit paid on 8th i think. He states if anything different paypal will return deposit .
Thanks will let you sign off and catch up in morning
No Situation not resolved. Tried to get deposit back through paypal resolution Centre and they have given him my deposit saying it it outside their bounds of coverage see Below :-
"We have concluded our investigation into your Buyer Claim. We regret toinform you that we were unable to resolve this case because the complaintwas outside the bounds of coverage as defined in our User Agreement. As aresult, we have not taken any action at this time. Please be assured thatthis case has been noted in the seller's record for future reference"
I Am now £500 down and he now wants £1000 for the respray job. He has re advertised the van at £6500 not the £5500 i was quoted so he will get his £1000 costs recovered on new sale. Originally I asked for the van without a respray and he stated that he had to respray due to the amount of conversion work he has to do on the van.
Getting really stressed and feeling very threatened once again.
Below is recent correspondence from him:-
Attachments are only available to registered users.
Can you please return my deposit to paypal , thanks Julia
Hi Julia. Sorry for late reply as sort advise on my legal position. I won't be returning your deposit and will request full balance within five working days. The van is available for inspection at anytime at my workshop. I'm now not prepared to deliver unless balance is paid for in full prior to delivery. I'm happy to accept PayPal as long as you cover all fees and allow funds to be with drawn to my bank account. PayPal is not a escrow service. If this is not acceptable I require you to pay for the cost of the respray which is £1000. It was you who requested a evening delivery I was happy to deliver anytime but as u work and claimed you could not have time off during the day I did agree a evening delivery. Your claim of having the right to cancel due to me not sending full spec list is not valid but I am happy to send one at anytime to any valid email address. You expecting me to stand 7% PayPal fees on the balance is not acceptable as that is over 50% of the profit. This van was resprayed a colour of your choice and while I feel I can sell the van quiet easily the customer may request a different colour or demand a discount. I have no wish to argue with you via lots of emails and I am confident of my legal position. I will add also morally I feel you've been extremely unfair and disgenuine as the van is as expected and could have been delivered within the agreed estimate of delivery. Regards David.
Have taken copies of all conversations to a solicitor today. They state that the conditions of sale have changed from original agreement in relation to payment. We are now both unwilling to reach agreement for our own reasons. They have suggested that I lodge dispute with Paypal to return deposit which I have done. I do agree that I have no wish to argue, I hold no personal issue towards you, I just cant release over 5K of cleared funds before delivery it is a lot of money to me, Im truly disappointed. If you want to forward your address, my solicitor would be happy to write to you directly to discuss this matter a lenght. regards Julia
That's fine and know accept your are not continuing with the sale and are replying on lies. No where does it say I would accept the full balance via PayPal kindly send copy where it does if im incorrect. If this is what your relying on then I suggest you think again as I later did agree to PayPal payment if U covered fees. I will now sell the van and issue a bill for the respray regards
Good Morning Julie. As Im sure your aware Paypal have found against you and released the £500 deposit to me. I would now like to move this forward and can assure you I take no please in any of this. As you have properly seen the van is now complete and fantastic and for sale on facebook for £6500 which is what its worth. I am prepared to still sell to you at agreed cost if you wish to proceed on new agreed terms that you pay via bank draft cash or transfer once your happy and inspected the van. The alternative is sadly if the new buyer requests a different colour I would look to you via the small claims court to recover that cost. I hope this does not happen but can assure you I willl pursue this as I am very confident about my legal position. Which ever way it goes I will always be friendly and professional in any dealings we may have. Regards
see full details on my wall.
I appreciate this offer. The van looks stunning as i knew it would do. Ive had a truly traumatic few days and im just back from a heartbreaking funeral in Bristol. Im now away from work so will have a few days to settle and clear my head, and give thought to this van . As I say ive not got any personal issues with yourself in the slightest. There have been a lot of people publicized in Teesside of selling horses boxes and not delivering, my friend is one. This is not an excuse, just trying to give you my back ground as to why when asked for cash before delivery I got cold feet and had to seek advice. Again I appreciate this email Regards Juliax
Thats fine Julia but just want to correct you on a few things. i did not ask for cash in advance. i was happy to deliver and you pay me upon delivery once you had inspected the van. The argument came when you insisted on paypal and me standing the £700 fees that would attract which is totally unfair and as proved via our fb conversations never agreed as you claimed. Only then did I insist on payment in advance as I had lost faith in you as a customer and did not want to turn up and again you insist on a paypal payment. Anyway lets move forward. The van is now up for sale and have interest so if it sells prior to you making your mind up sorry but so be it. If the new customer accepts the box in the colour it is, I wont pursue you for the cost of respray as it does cost £1000. If you do want the box the terms of sale are balance payable in advance of delivery by bank transfer. Sorry if you feel Im being harsh but Ive done all thats asked of me and feel its your side thats created the problems. Your of course welcome to view the van here at any stage. regards
to add you or your agent are welcome to collect the van and pay me then Regards