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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I won an auction (a car for £750)on ebay however when I contacted

Resolved Question:

I won an auction (a car for £750)on ebay however when I contacted the seller to arrange payment they cancelled the sale and said that I would have to pay £1295 if I want the vehicle. I hate this sort of scamming and would like to take some kind of action to secure a car which I bid on in good faith.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Do you know the sellers name and address?
What is it you want to achieve please?
Customer: replied 2 years ago.
The sale to which I refer is:
http://www.ebay.co.uk/itm/281786222001
The seller has listed his phone number however I do not know his address.I bought the car for my wife who needs a car for her MA course which she starts in a fortnight.
She was elated when we got the car for £750 as it was in our budget and seemed perfect.
She suffers from depression (which she is undergoing therapy for) after receiving the news that the seller wanted £1295 for it she was very distraught and I would really like to pursue this either to get the car at the price I won it at or to ensure that the seller never attempts this again. The seller has not replied to me last email, the full chain is below:ME:
Sebastian.Having been using ebay for many years I can assure you there is no misunderstanding, you listed this with a starting price of £750 (with no reserve) the 'buy it now' option is additional and no part of the auction.I placed a bid, greater than the £750 start, however since no-one else bid and the auction ran full course I had the winning bid and so pay the minimum.I suggest you read through ebay's terms and conditions, which you agreed to when you listed the car.
I have sadly had experiences with non-sellers on ebay fortunately my adherence to policy has been complete.Regards,KevinHIM:Hi Kevin,This must be a misunderstanding, I have posted the car for sale on an auction, that was supposed to increase the price from the minimum I posted to a higher level. Unfortunately this is not the case, as nobody has made any bid and I am not willing to sell for £750. Initially I have listed for £1295, I would be open for negotiations but not for half of the price.Please accept my apologies and I hope you understand the situation.Many thanks,Sebastian TipleaME:Hello,The car is for my wife, Georgina, She's been after a car for her Uni commute for a while so has cash if you would prefer COD, happy to pay via paypal if that is preferable for you.We are in Yeovil so can pop around and collect at a mutually convenient time.Regards,
Kevin
Expert:  Ash replied 2 years ago.
Ok, sadly you can't take him to Court or anything unless you have a name and address. This is because in order to issue proceedings then you need an address for service and a name to issue against.
You can speak to Trading Standards and they will investigate this for you and prosecute if any regulatory offences have been committed.
But to get the car for £750 sadly you need a name and address to take it any further.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
I have got his full name and address, it's:
Mr. Sebastian Tiplea, 17 Saint Andrews View, Taunton TA2 6JU
How should I proceed?
Expert:  Ash replied 2 years ago.
You need to write and ask for the vehicle for £750 or say you will go to Court. If he refuses then you need to issue a claim using form N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
You are asking the Court for an order that he sell the car for £750. The court will issue the claim and list the matter for hearing and decide whether to order that it is sold to you for £750.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you