How long would you wait for payment?

[Norman Verona]

I "sold" the Audi on 6th July to a chap from Rotherham. He has a place in France and plans to take the car back to France. (He's got a real bargain as in France it's value is probably 5,500€).

 

I agreed a price of £2,300 (before knowing he was taking it to France).

 

So far he's paid:

 

£2,300

-   250 06/7

£2,050

   -300 17/7

£1750

  -400 18/7

£1350

  -600 19/7

£  750 Balance outstanding.

 

He claims he's working 9-9 shifts and hasn't time to collect the car.

 

I've had calls since the 6/7 for the car (genuine, not scams) and could have got more for it had I not told them it was sold.

 

 

 

So, at what point do I re-advertise the car and return the money paid less the re-advertising costs?

 

 

[FILFAN]

Not sure you can claim for the re advertising unless you have that condition in a written contract.

[FILFAN]

Try and sell it for more to cover costs then refund him

[Nick Algar - Competition Secretary]

He is paying you Norman and has paid recently. Bit surprised about doing it in small stages, but there you go.

 

I think you need him to commit to the car being collected and paid in full by a date, ie end of July or whatever you can tolerate. maybe end of the month. I am not sure at this stage you would find it easy to back out of. But if he have an agreed final date then he breaks that, I think you can drop the deal. 

 

Stupid question, but why didn;t you sell it in france ?

[Norman Verona]

Not a stupid question at all Nick.

 

We came back with 2 cars so it wasn't possible to drive 3. Also, if I sell it here it will almost certainly be bought by one of the Brit-pack. Then I would be expected to maintain and fix everything that's needed doing - for nought!

 

I looked into getting UK plates back on it, but I needed £55 for the re-registration, and insurance certificate, an MOT and a cheque for the RFL. I would have spent nearly as much as it was worth!

 

There is no written contract and I would have thought a court, if it ever got that far, would consider nearly a month to pay for a car in these circumstances to be too long.

 

If there is any contract I did suggest he pay £300 deposit then 4 x £500 a day or so later. The 4 x £500 was to avoid the money being held for 24 hours as happened to me when I paid for the Honda.  He claims he's working 9-9 shifts but that doesn't stop him paying for the car and collecting it when he can. At first he said this was for a week, but now says it's for two, which was up on Friday. As far as I know if he is in default of any contract, I can get him to pay for additional costs incurred. 

 

I'll drop him an email on Monday if he doesn't pay the balance.

 

Many thanks,

[Dommo]

I'd be a bit miffed at the massive gap in those payments, but perhaps positive now that the money is coming in.

[pickmaster Andy Lowe]

I think you will find a 10% deposit is legally binding

Most people say collection and payment in 7 days on fleebay for this reason

Might be horse bolted and stable door now legally

[WestyNottm]

I wonder if the fact you have accepted staged payments up to now that it could be deemed that you agreed to this method (if not the time taken!)?

 

I would suggest putting a (reasonable) deadline by which you would expect the final payment(s) to be made, the expiry of which would mean a full and final refund and, as you are a great guy, not to charge him for abortive expenses incurred thus far (it could be argued at least you had the use of his money during this time!).

[Norman Verona]

Westie, no way. I could have sold this car 3 times since the 6/7.

 

It is perfectly legal to deduct additional costs on unpaid items, ask your shoe repairer.

 

He did agree to pay £300 and paid £250, he then agreed to send 4 x £500 on the Monday (8/7) (I've just looked up the dates). He is in default of contract. The fact that I've tried to accommodate him doesn't alter the terms.

[Nick Algar - Competition Secretary]

Not a stupid question at all Nick.

 

We came back with 2 cars so it wasn't possible to drive 3. Also, if I sell it here it will almost certainly be bought by one of the Brit-pack. Then I would be expected to maintain and fix everything that's needed doing - for nought!

 

 

I noticed that re the Brit Pack Norman, my Dad who is 88, sold a very nice low mileage Nissan Micra to a guy, who was such an idiot he couldn't use the keyless door opener / start and knackered the battery. He then expect 1 month later for my Dad to buy a new battery. They do seem an odd bunch in general. 

 

It will be interesting to see how you get on with your car sale, best of luck. But why is nothing simple these days      what's wrong with the concept of you want to buy a car, you wait till you have the money, you go along and look, agree price with seller, leave deposit, turn up next day with cash and take it away. Simples !

[User0083]

Sounds annoying! But he's started to pay and you have the car.

I sold a car to a friend who paid 10%, paid another sum up to 50% and said needed car to get back to the UK on leave, last I saw or heard of him!

I also paid £1500 for a run around for my mum, who gave me £200 and never a penny more. Had the car 3 years then it died... Had the nerve to ask me to lend her £2500 for another car!

Back to your situation, he's paid, you have car in your possession, there is a reasonable balance left, so I would use every way to contact him (txt, email, phone... Etc), give him a date and say that you'll re advertise and give a full refund once car is sold. If he pays balance/collects car before you sell it, he can have it for the balance owed.

[User0083]

Nick, I sold a few cars to mates and I stopped as people would say I ripped them off when six months later the tyres were picked up on the MOT. Had other issues too... Why rare I sell to friends now. All have ripped me off or said I ripped them off.

[Norman Verona]

No one's reipping anyone off. He's agreed to buy a car but is slow in making payment,

[User0083]

No one's reipping anyone off. He's agreed to buy a car but is slow in making payment,

I know Norman, my comment was an example, like Nicks, and not aimed at you at all.

Playing devil's advocate, did the guy give you any idea of how long he would take to pay, when he would pay or how much he would pay?

As said previously, I'd contact, give date, sell car and refund when sells, if he play's collects before it sells, let him take it.

[Norman Verona]

I've now remembered and looked up the dates, see above.

 

I don't care if he never picks up the car, all I want is paying.