trying to get payment back

[nickfrance]

last year i bought a machine on ebay , paid that day using paypal , next day got ill and had spent a long time fighting for my life, wy wife sent the seller a message telling him I had being ill , and he said that is ok it will be ok here and when he is better get in touch ,
he put good feedback on ebay for me , as paid fast
ebay did not keep a history of the sale so i had lost all contact except his ebay name , which he never responded to , i had forgot how i paid him so went to my bank and asked them to look all payments up for that time and found it was a paypal payment ,so he email was on it , sent him emails which he did not answer, so I was on a forum when we chatted about ebay I just happened to tell them about this guy , one member asked if i could post the email address so he sent me the man's web site which he has a reputable company in the south west of England ,
now armed with his phone number I would phone the office and never get to talk to the man himself, and did not wish to tell the staff why i wished to speak to BIG S as he 's ebay account had nothing to do with his day to day work , until last week when the girl passed the phone call to him ,
and he told me (
We have a set rule for sold equipment, first month stands in our yard free of charge after that we charge £12.50 per week storage after one year it is moved no and we will refund the difference .
So £1100. take £650 = £450.00

On this case you have been ill I will return you half the sale price £550.00)



for me he had no conditions of storage on the sale , never made contact and sold my machine and not sent me my money back to me , what do i do now ?

 

[Christine Hough]

Firstly, glad to hear you are now better.
I take it you no longer want the machine.

A lot depends on what your wife was told, and it is very stressful when you are coping with serious illness. Their 'standard terms' may not apply if your wife was told something different. But its all about proving it.

It will potentially cost him to store the machine and not knowing the circumstances I cannot comment on 12.50/week but it seems high to me. But if the first month is free then he should only be charging 48 x 12.50 and he seems to be charging 52 x 12.50.

My mother has been through a lot of illness and I know everything ends up costing and she has lost through having to pay her flat rent and care home fees simultaneously.

I think you will have to negotiate with him and wish you all the best. Don't let this make you ill again. Better to loose the money. But I'm hoping it doesn't come to that for you.

 

[nickfrance]

Firstly, glad to hear you are now better.
I take it you no longer want the machine.

A lot depends on what your wife was told, and it is very stressful when you are coping with serious illness. Their 'standard terms' may not apply if your wife was told something different. But its all about proving it.

It will potentially cost him to store the machine and not knowing the circumstances I cannot comment on 12.50/week but it seems high to me. But if the first month is free then he should only be charging 48 x 12.50 and he seems to be charging 52 x 12.50.

My mother has been through a lot of illness and I know everything ends up costing and she has lost through having to pay her flat rent and care home fees simultaneously.

I think you will have to negotiate with him and wish you all the best. Don't let this make you ill again. Better to loose the money. But I'm hoping it doesn't come to that for you.

i wanted the machine and now need to find another one ,

 

[Christine Hough]

Has he kept the machine for you as promised? Did you or your wife keep him informed of your progress even say every other month or so? In other words was he aware of your ongoing progress and intention?

Is there a possibility that you can still have the machine and pay him something towards storage?

What timescale are we talking about?

 

[nickfrance]

now i don't know even if there was ever a machine ,
he seems to be shady at least , never got an invoice for the machine , he was imposable to contact,

 

[mdj101]

If you have paid storage for the machine then he still owes you the machine. He can't just sell it without contacting you.

If I was you I would contact a solicitor or if you are a member of the FSB call them and ask for some advice. If your not a member then the yearly fee more than pays for itself in instances like this.

 

[nickfrance]

is there a complaints body i can report this man and the company to , i have talked to solicitor that said their is a 6 year law that he can not dispose of my proprietary with out contacting me ,
the solicitor will take time an with ill health i am afraid i might not be able to follow this to the end ,

 

[nickfrance]

thinking of giving this over to a Sheriffs Office, can anyone help with a phone number , i have one but his site has a 08 number so no good to me

 

[paulears]

I'm confused. You bought something, but never had it delivered, and when you now want it - it's gone, or is it still there? If you don't want it, then it's very much up to him - after all you expected him to keep the money in some sort of escrow limbo, just in case?? If you want it, then I would assume he'll be glad to just send it. If you wish to cancel the transaction, it's rather late, so at best, you will get whatever he considers fair - after all, you're not entitled to anything at all. You bought it, paid for it and any period in which to cancel has long expired.

So what exactly are you wanting?

 

[nickfrance]

I'm confused. You bought something, but never had it delivered, and when you now want it - it's gone, or is it still there? If you don't want it, then it's very much up to him - after all you expected him to keep the money in some sort of escrow limbo, just in case?? If you want it, then I would assume he'll be glad to just send it. If you wish to cancel the transaction, it's rather late, so at best, you will get whatever he considers fair - after all, you're not entitled to anything at all. You bought it, paid for it and any period in which to cancel has long expired.

So what exactly are you wanting?

i bought it , paid for it , got no invoice , he did not answer emails , and when i tracked him down with the help of others , he said he has not the machine and would only give me back half my money ,

 

[paulears]

Ah, I see. If he hasn't got it, then I wonder why he's offering to give you half? Kind of admits he didn't send it and may have disposed of something that wasn't his?

If he genuinely has not got it, then I'd go straight to an online County Court process - he admits he had it, had the money, but then disposed of it. Seems clear cut. I guess the judge could deduct reasonable storage fees, but my guess is they'd find in your favour, if you have a clear chain of evidence.
P

 

[Christine Hough]

How did you pay for it? If it went through a card you may have recourse though them.

But if you have his address then start of sending a letter before action and take it to small claims court.

I don't think it is acceptable for him to deduct money due for storage unless
1) you had agreed and
2) he was actually storing the machine, which it seems he was not.

The trouble you will have is the delay, but small claims seems the best way forward.

Perhaps if someone here has been through that then they can help you. Here's the online website https://www.gov.uk/make-court-claim-for-money/overview but you can also use a local court.

 

[Big G]

Was it agreed via ebay that you would collect the machine.? If so then he may well be able to charge some sort of storage but onyl if he gave prior warning of this to you or your wife when he spoke to her.?

If it was not agreed that you would collect the machine then why did he not make any attempt to deliver it to you.?

I know that you have spoken with one of my colleagues regarding this matter and I have had a look in to the company and registered address and I can tell you that it is a very nice place that has a very nice residential property on the grounds with a couple of range rovers on the drive. I would say that this almost definately where the person with your money / machine lives as well as works.

Good luck and if you need any further assistance please do not hesitate to contact us.

Kind Regards
Nick