Buyers Beware of Ebay LS400 Breakers

[ls400lpg]

Hi Lexus members.

I bought and picked up a power steering pump for my MK4 from the address on eBay below.

Business seller information

 

S.E.MotorSport

Rehana Ali

70 Ashfield Road

OL11 1PY Rochdale, Lancashire

UK

 

I spoke to his colleague who was adamant that it came from a MK4 as there was a few different models.

 

When I came to take car to my local garage he said that it was different. I then took car home and compared it with my MK3 which is what the business seller gave me.

After some texts he finally gave me 2/3 of my money back due to holding stock and assured me it was a MK4 as he had taken it off himself.

 

Well i have made 2 journeys which is my time and fuel.

 

Buyers beware.

 

Do not trust......

[Malc]

perhaps simply take out a claim in the small claims court against the seller .............  you will win and it will cost his business dear for miss-selling

Also social media stuff too might bring him to heel

Malc

[steve2006]

The series III pump should fit as the only difference is the reservoir mounting being a hose rather than being mounted directly on top, as far as I remember it should just be a case of swopping this part over from the old pump onto the replacement, the mounting onto the engine block should be the same.

[dendonc]

15 minutes ago, Malc said:

take out a claim in the small claims court against the seller .............  you will win

I'm not so sure he would win unless plaintiff (malc) employed an expert witness such as a Lexus technician & he would have to give the evidence that only one model type of pump was ever put on the Mk4 and the pump which was sold was off a mark 3, the seller would simply have to stick by his guns & say he took it off a Mark4, judgement would probably be made in favor of plaintiff.

[Malc]

I think Steve above has saved the day !

Malc

[runsgrateasanut]

2 hours ago, dendonc said:

I'm not so sure he would win unless plaintiff (malc) employed an expert witness such as a Lexus technician & he would have to give the evidence that only one model type of pump was ever put on the Mk4 and the pump which was sold was off a mark 3, the seller would simply have to stick by his guns & say he took it off a Mark4, judgement would probably be made in favor of plaintiff.

The term "Plaintiff "has not been used since the 1999 Court reforms and the Court has just introduced new measures which are extremely onerous on making any claim in the County Court against Sole Proprietors and Partnerships.  It will reduce the volume of claims which no doubt the Government will hold up as suggesting better business practice is taking place , whereas in reality those having rightful claims will just write off the debt rather than going to Court. 

[dendonc]

Why specificly on 'sole proprietor & partnerships'? & what has 'plaintiff' been replaced with & why? ........''him'' or ''her''?    'Him vs Back St Garage' springs to mind

Then again, it might stop folks going to small claims just to vent anger & frustration rather have a claim of any 'meaningfull' loss against someone, which I'm sure was all to often the case

 

[NemesisUK]

22 minutes ago, dendonc said:

what has 'plaintiff' been replaced with & why?

"Plaintiff – the former term for the party who initiates a lawsuit. It was replaced in 1999 under the Civil Procedure Rules by the term claimant."

https://www.innertemplelibrary.org.uk/research-and-training/glossary/#P

[dendonc]

OK thanks

[runsgrateasanut]

Being a Claimant and taking Court action to recover a debt or pursue rightful redress has become increasingly more difficult and now far too expensive to engage a Solicitor.  As for "Counsel" referred to by Bluesman well you'll need a fortune win or lose, if your Solicitor tells you that you have to go there!   Consider this, the number of fast food outlets in London. Run by ? To succeed in an action against such a business which changes hands every other year, your own paperwork will have to conform to Court rules or you are on the back foot straight away. Then you will have to give more grace to the party that owes you money or against which you have a grievance. You will have to show a trail of contact to try to settle the matter without Court action as a pre-requisite to taking action.  A seven day letter will not suffice.   Get your facts wrong at the outset and you are lost or just wasting your time and money. You could also have to pay costs. 

Why not Companies included, you ask.  Good question as invariably they can be £2 paid up share businesses. Many formed to avoid debts when the heat is on, but they exist and are lawful.

Its a quagmire not fitted for the inexperienced.

[dendonc]

2 hours ago, runsgrateasanut said:

As for "Counsel" referred to by Bluesman well you'll need a fortune win or lose,

You should not need counsel if your case is a simple straightforward one, as seems to be the case here

2 hours ago, runsgrateasanut said:

Its a quagmire not fitted for the inexperienced.

If the item described here was of suitable quality & fit for the purpose >as stated by the purchaser = ''for my mark 4''< then a claim would only succeed if it were not fit for that car with an expert witness to prove that.

[Bluesman]

1 minute ago, dendonc said:

You should not need counsel if your case is a simple straightforward one, as seems to be the case here

If the item described here was of suitable quality & fit for the purpose >as stated by the purchaser = ''for my mark 4''< then a claim would only succeed if it were not fit for that car with an expert witness to prove that.

I was referring to Libel/slander cases which would be heard in the High Courts and if you tried to defend or prosecute in the High Court without representation they will eat you and your money for breakfast. These laws are for the super-rich. Robert Maxwell always used Libel/Slander laws to great effect, everytime anyone was going to release something about the Maxwells which was an embarrassment to them,  especially to news media something which was in most cases true he would just keep slapping Libel/Slander writs on them and always got away with it as he knew that they couldn't find the money to defend it so they would just go away. 

[dendonc]

33 minutes ago, Bluesman said:

if you tried to defend or prosecute in the High Court without representation they will eat you and your money for breakfast.

The high usually deals with claims above £10k, the small claims is now up to £10k max from the £5k it used to be. Im sure there are plenty  of folks around who would sell a used power steering pump for above £10k if they could get it, I doubt it will ever happen though. You/anyone can take someone to the small claims for libel or slander providing the claim is not above the £10k ceiling, in fact they must use the small claims court for damages (libel) below £10k

[Malc]

53 minutes ago, Bluesman said:

Robert Maxwell

................. dear chap, he caused me much interesting and taxing cerebral effort in my time as a city banker, never a bad word for the guy ( at the time ) and I even received a bottle of superior brandy one Xmas for some extraordinary effort or other .......  oh, and the Xmas cards were of him posing with HM at Buck House I think ............  different times and when bankers were revered rather than now exposed as the simple nigh downfall of the western monetary system some 10 years past ........ lest we forget and all that eh !

Remember to tell your bank manager that ( if you can find one ) if ever you're hauled over the coals to explain something amiss .....  just tell them you're still bailing him /  them out 

Malc

[steve2006]

From what I read in the opening post or should I say "Statement of facts" to my learned friends the seller has refunded 2/3rds of the cost of the alleged incorrect part.

I would also assume that the buyer has retained the said part.

Would it not therefore be prudent to resell this part to recover the outstanding balance of 1/3rd.

This concludes the case for the prosecution.

[harrylime]

I can't quite work out whether the pump was bought via eBay. If so, the buyer is protected and should get all his money back if he submits a case

[dendonc]

5 hours ago, harrylime said:

I can't quite work out whether the pump was bought via Ebay. If so, the buyer is protected and should get all his money back if he submits a case

Thanks Harry, I'm glad you mentioned that there's something I forgot to say.

If a buyer buys from anybody or anywhere using a debit card as their/your primary source of payment (paypal is a secondary source) you simply contact your bank (I go in person) & request a refund, the money is back in your account in seconds.

Also, I did attempt to use the eBay system once once but they were dragging their heels ('seemed' to me bias in favor of the seller), I just went to my bank (santander) & asked them to do a direct debit indemnity on my card, they just did it on the spot.

(1). Direct Debit Indemnity link:

https://gocardless.com/direct-debit/guarantee/

(2). Santander...'Standing Orders & Direct Debit'

https://www.santandercb.co.uk/corporate-welcome/direct-debits-standing-orders

 

[Bluesman]

1 hour ago, dendonc said:

Thanks Harry, I'm glad you mentioned that there's something I forgot to say.

If a buyer buys from anybody or anywhere using a debit card as their/your primary source of payment (paypal is a secondary source) you simply contact your bank (I go in person) & request a refund, the money is back in your account in seconds.

Also, I did attempt to use the ebay system once once but they were dragging their heels ('seemed' to me bias in favor of the seller), I just went to my bank (santander) & asked them to do a direct debit indemnity on my card, they just did it on the spot.

(1). Direct Debit Indemnity link:

https://gocardless.com/direct-debit/guarantee/     This covers Direct Debits, not card payments.     

(2). Santander...'Standing Orders & Direct Debit'

https://www.santandercb.co.uk/corporate-welcome/direct-debits-standing-orders        This covers Corporate direct-debits-standing-orders  not card payments.

7

If I am wrong I apologise but Debit card payments are not covered the same way as Direct Debits and Standing Orders are. 

[NemesisUK]

You can use "Chargeback" for Debit cards (any amount) and Credit cards (less than £100)

http://www.gocompare.com/credit-cards/chargeback-for-refunds-on-credit-and-debit-cards/

https://www.money.co.uk/current-accounts/is-debit-card-protection-the-same-as-for-credit-cards.htm

 

[sorcerer]

Another thing worthy of note is that when using a credit card, Section 75 protection applies to anything over £100 even if you only put £1 of it on the card.

When we bought our RX300 last year, we had the money for it in the bank but I paid the £5,500 with my credit card in order to have the protection if I should have needed it. It was actually the trader who pointed out that I would still have the protection even if I'd only paid £1 on the card and the other £5,499 by cash or cheque.

[dendonc]

1 hour ago, Bluesman said:

but Debit card payments are not covered the same way as Direct Debits and Standing Orders are

I use my 'debit card' for 'direct debits', in fact all my 'direct debits'. As far as I know 'debit card' is what they are normally called everywhere, certainly thats the term I use on the odd occasion I visit my bank (santander) & the links on 'NemisisUK post they call them 'debit cards. Never heard anyone use the term ''direct debit card'' although they are used to make direct debits.

 

[dendonc]

9 minutes ago, sorcerer said:

we had the money for it in the bank but I paid the £5,500 with my credit card

I'm getting a bit lost here, does/did your bank not automatically/spontaenously offer you a 'debit card'?

[sorcerer]

31 minutes ago, dendonc said:

I'm getting a bit lost here, does/did your bank not automatically/spontaenously offer you a 'debit card'?

Yes, but a debit card works in conjunction with your bank account and if you have money in the account you can use the card to pay for goods.

A credit card is where you use the card provider's money to make the purchase and then either pay back a monthly sum until you've paid off the debt, or you can clear the balance in total if you so wish.

The difference between the two cards in the context of this situation is that a debit card offers some protection if things go wrong for you, but nowhere near as much protection as a credit card does. If you pay for things on a credit card, the card provider becomes jointly responsible with the trader if things go wrong. For instance, if the engine of my £5,500 car blew up beyond repair within, say, three weeks of buying it, but the trader I bought it from had ceased trading when I went back to them for recompense, the credit card provider would be liable to put things right under Section 75 of the Consumer Credit Act.

There would be no such compensation forthcoming from my bank if I had paid on my debit card though, which is why I paid with my credit card and then paid the bill in full when my credit card statement came through. Or, as I said earlier, even if I had only paid £1 of the transaction by credit card, I would still have been fully covered under Section 75, which is why I always pay for things costing £100 or more with my credit card.

[sorcerer]

33 minutes ago, dendonc said:

I use my 'debit card' for 'direct debits', in fact all my 'direct debits'. As far as I know 'debit card' is what they are normally called everywhere, certainly thats the term I use on the odd occasion I visit my bank (santander) & the links on 'NemisisUK post they call them 'debit cards. Never heard anyone use the term ''direct debit card'' although they are used to make direct debits.

 

No, a debit card is what you take to the shop with you to pay for goods. A 'direct debit' is an electronic transaction that you authorise once (say to pay your Council Tax) but then your involvement ends for the next 12 months, until renewal time. The monthly 'direct debit' payments are made by your bank directly to your council on your behalf and there is no physical card involved.

[dendonc]

23 minutes ago, sorcerer said:

Yes, but a debit card works in conjunction with your bank account and if you have money in the account you can use the card to pay for goods.

Of course it does, which is why I said mine is Santander. Has someone said a direct debit card does not work with your bank account? if so can you link the post I did not see anyone write that!