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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good afternoon I bought a forklift on ebay came to an agreed

Resolved Question:

Good afternoon
I bought a forklift on ebay came to an agreed price of £3000 before the auction was due to finish Transferred the money to his bank account received an email From the seller stating he had received it and would end the auction. however he did not end the auction when he had opportunity and to let it run Beyond the point he could end it. I sent another email via eBay and had a reply that stated he would inform other bidders, however the bidding finished at £5300 and since I have been unable to contact him I believe he will try and take the higher amount of money and return my £3000. as he had agreed in messages through eBay and confirmed he had received the money would I be correct in thinking that if sells the forklift to another party I would be in a position to claim the additional £2300 plus any costs incurred. personally I would rather have the forklift
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Do you know the persons name and address please?Alex
Customer: replied 1 year ago.
Hi Alex I have his name and address I would like to know where I stand so I can inform him of the consequences should he sell to another party
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund of the extra or delivery within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not give you the extra cost or deliver the vehicle you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Or you can seek a court order that he is required to complete the sale. This is called specific performance and in effect is an injunction making him sell it to you.But for that you will not be able to issue online and it would have to be a paper copy of form n1 submitted to court.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thanks for your advice. What I need to clarify is if he decides not to deliver the forklift to me but returns my money am I in my rights to go back and claim the extra £2300 he subsequently got in the auction after agreeing to sell it to me and taking my money?
Expert:  Ash replied 1 year ago.
Yes you are, it's a contract that was agreed. Does that clarify? Alex
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Customer: replied 1 year ago.
Yes, thankyou for the advice
Cheers Matt