# Maybe im wrong maybe im not



## luke123 (Mar 30, 2010)

Would just like peoples thoughts on this: 

I have recently started selling cars, advertised a car i had to sell for £9k got plenty of interest etc etc but had a phone call from a chap that was very interested wanted to pay a deposit of £200 there and then without seeing the car, He went on to explain that he buys cars to export which i know is a good little earner, 

Anyways deposit was paid on 5th Jan and he said he wont be able to collect the car until end of the week. so great not much contact from him but he said it will be Friday, Anyways Thursday come no contact i phone him to confirm everything was still ok he said his money hasn't cleared and he maybe able to collect Friday, no contact from him again Friday he said he will collect it Saturday. So Saturday morning i awake to a text message saying sorry funds haven't cleared, i will pay an extra deposit of £200 and collect Monday. this was starting to get annoying now, So i didn't reply i got a call from another customer asking about the car, I had many call during the week but declined them all due to having a deposit on the car. so got a call guy had been interested since day one after i said no sorry its had a deposit on it etc but he offered me the full money which was £200 more than the deal i had done with the first guy who has paid the deposit.I agreed and took the full £9k 

So i replied to the original buyer and said no sorry this car has to be gone this weekend as agreed, Please can you let me know your account details to refund the money. His reply was I will be picking the car up Monday! if you have sold it i will sue you and report you to trading standards! 

I know i maybe in the wrong but id played a straight bat from the start having people phoning me all week offering the full money and i declined as he paid a deposit but when he kept string me along i made the decision to sell.


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## WashMitt (May 27, 2010)

Tbh I'd have done the same, and weather your wrong or not there's f all he can do if you return his deposit.


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## luke123 (Mar 30, 2010)

Iv asked for his bank details to refund the payment as i cant send it back because he paid cash at a bank to my account


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## Kerr (Mar 27, 2012)

You made an agreement with him that the deposit would hold the car until a certain date. 

He has broken his end off the agreement, not you. 

You can't pass up on a sale hoping this guy will come up with the cash.


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## willwander (Nov 30, 2012)

Personally I think you've been a bit harsh, I would have agreed a new deadline with the original buyer before selling the car, but thats just me. Business is business I guess.


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## ottostein (Sep 11, 2012)

Did he actually put any money into your account, If not then tell him to blow smoke till his is red in the face. Someone paid the full amount and not messed you around.

No chance of taking you to TS or to court. Refund him the deposit if he did and say if its not gone by x-date then it goes to the next person


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## luke123 (Mar 30, 2010)

willwander said:


> Personally I think you've been a bit harsh, I would have agreed a new deadline with the original buyer before selling the car, but thats just me. Business is business I guess.


I thought this but the communication from him was poor he his just kept me a bit more upto date i wouldnt of lost confidence in him


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## luke123 (Mar 30, 2010)

ottostein said:


> Did he actually put any money into your account, If not then tell him to blow smoke till his is red in the face. Someone paid the full amount and not messed you around.
> 
> No chance of taking you to TS or to court. Refund him the deposit if he did and say if its not gone by x-date then it goes to the next person


He did put £200 into my account, The car has gone now all i need to do is give this guy him £200 back which i need him to give me his details


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## WashMitt (May 27, 2010)

He will once he realises the sale has passed


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## willwander (Nov 30, 2012)

luke123 said:


> I thought this but the communication from him was poor he his just kept me a bit more upto date i wouldnt of lost confidence in him


Well you have to use your judgement, you get a feel for how things are, I think your in your rights...I guess I'm just a soft touch...probably why I'm skint :lol:


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## CraigQQ (Jan 20, 2011)

Unfortunately... it is harsh on him but I wouldn't blame you for what you did.

a deposit secures a car until a certain date, if you don't want the goalposts moved when the date comes and goes then that's your choice as a business.


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## luke123 (Mar 30, 2010)

CraigQQ said:


> Unfortunately... it is harsh on him but I wouldn't blame you for what you did.
> 
> a deposit secures a car until a certain date, if you don't want the goalposts moved when the date comes and goes then that's your choice as a business.


This is exacly what a close friend has said, If i had done this before the aggreed date then thats not right but he is now trying to agree new terms which i dont want to agree too to the deal is off the table


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## ottostein (Sep 11, 2012)

I dont think you need his details. Should just be able to pop into the bank and ask for the transaction tp be reversed. Im sure ive done it in the past


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## voon (Apr 28, 2010)

To me,that sounds fishy. What's all this about the money not being cleared? It strikes me as a tactic ... get you to agree to it to have some sort of a "contract", knowing he can at least get his transferred money back, with the only goal to sue you and put you under pressure. 

I'd not do such deals ... I never promise anything to any buyer, who's not ready to pay. Sure, I hold it for a few days for someone, but not for weeks and such games.


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## shinyporsche (Oct 30, 2012)

There's a simple lesson in business here.

Whatever you do or agree with a customer or supplier, confirm it in writing - an email is fine - being very clear about what you've agreed. It only takes seconds and removes hours and days of trouble in the future.

At first if feels like you're being a bit harsh if you're not used to doing it, but customers appreciate clarity and it helps them to understand that you're a business and that they should also behave in a businesslike way.


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## 182_Blue (Oct 25, 2005)

I agree it sounds dodgy, who pays a deposit without even seeing the car (especially on a private deal).


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## luke123 (Mar 30, 2010)

iv asked my bank to transfer the money back they cannot as it was paid cash at a bank into my account, 

The guy is a car dealer of some type he export the cars out of the country, I think he has pre-sold the car waiting for the money to come in for the car to pay me, And now iv pulled out etc he is in the **** 
.
Iv contacted him this morning and just awaiting his reply


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## Hasan1 (Jul 1, 2011)

Have you got everything in writing?


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## Porkypig (Jun 20, 2012)

Tough ti**y for him I am afraid. He couldn't settle by the agreed date so lost the deal, that's life. Don't feel bad as it was you and your business his failure to complete was effecting. In short, **** him.

On a further note. In future a 10% non refundable cash deposit, a signed agreement or sales order to complete sale, a final transaction date at which point if the buyer fails to complete the vehicle will be put back up for sale. That will seperate the chancers from the serious customers.:thumb:


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## luke123 (Mar 30, 2010)

Porkypig said:


> Tough ti**y for him I am afraid. He couldn't settle by the agreed date so lost the deal, that's life. Don't feel bad as it was you and your business his failure to complete was effecting. In short, **** him.
> 
> On a further note. In future a 10% non refundable cash deposit, a signed agreement or sales order to complete sale, a final transaction date at which point if the buyer fails to complete the vehicle will be put back up for sale. That will seperate the chancers from the serious customers.:thumb:


All a learning curve that im going through only 20 so have a few more things to learn, But good idea im going to do a few template forms for different things i.e deposit etc


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## Rob_Quads (Jul 17, 2006)

Nothing he can sue you for. You took the deposit, agreed a date. He did not buy it buy that date and so the deposit does not hold it for him any more and you sold it. Simple.

Yes he wanted to extend it but if you did not agree to it then its tough luck for him.

Even then it could come down to evidence and unless he has something written it would be very very hard for him to prove.


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## luke123 (Mar 30, 2010)

Well he has responded which his Bank details and thats all.


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## Avanti (Jan 17, 2006)

luke123 said:


> Would just like peoples thoughts on this:
> 
> I have recently started selling cars, advertised a car i had to sell for £9k got plenty of interest etc etc but had a phone call from a chap that was very interested wanted to pay a deposit of £200 there and then without seeing the car, He went on to explain that he buys cars to export which i know is a good little earner,
> 
> ...


As long as you can return his deposit, he does not have a case, if I'm selling a car, the 1st person with the money gets the vehicle irrespective of deposit left or not.


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## luke123 (Mar 30, 2010)

Avanti said:


> As long as you can return his deposit, he does not have a case, if I'm selling a car, the 1st person with the money gets the vehicle irrespective of deposit left or not.


Deposit will be refund within a few hours of now


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## polt (Oct 18, 2011)

luke123 said:


> Deposit will be refund within a few hours of now


Still keep hold of all text's emails etc just incase he comes the goat at a later date, it has been known.


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## danwel (Feb 18, 2007)

As said you've been spot on with him. On the flip side what if you'd waited for him and he pulled out? You're out if pocket as you could've sold the car to someone else!!


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## woodys (Dec 20, 2010)

Seem to remember a scam that I thought had died out now as it was well known. Similar as yours buyer offers deposit sells cars abroad etc etc the old scam was a cheque for more than car was worth, trusting the seller to pay the difference back, you guessed it cheque was duff and seller lost the change and in some cases even the car in question. The scam then changed to similar to your scenario where the buyer never appeared but a deposit was paid, and several endings either again like you threatened with being sued blah blah some with the cars being stolen off the driveway.
Think personally you gave the guy a chance, and your even willing to give him the deposit back so what's a court going to do??? If you had walked into a dealer and paid a deposit and messed about would you have seen your money back. Good luck hope it sorts itself out.


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