Is there anything I can do to get my money back?

pinkie123

Registered User
Messages
290
I am trying to get back €500 from an individual due to the circumstances outlined below. I am wondering what is the best way to do this i.e. small claims court, or do I have a leg to stand on at all?

I went to see a trailer advertised on a well known classified adverts site. The trailer seemed ok, the seller seemed ok, I agreed to buy it and to collect in 2 days time. The advertisement of the trailer didn't give any detail or description of it. I gave the person a deposit of €500 by cheque. The next morning I checked the serial no. of the trailer (to see if it was stolen etc.) During that phonecall I realised that the trailer was not the one I had thought it was i.e. it was too big. I didn't realise this at the time (inexperience) also the seller didn't mention the size when I was there. I texted the seller to say I didn't realise the trailer was an XXX as I had thought it was an XXX i.e. the smaller model. I got no reply until a couple of hours later and he was very insistant that I take the trailer and that also he wanted 2K in cash on collection (as he said he didn't want it to go through the books). The previous night he said a cheque was fine for the full amount. I started to worry as there was no way I was going to carry 2K in cash on me on my own to meet this man again, especially as the item was not the one I wanted in the first place. He wouldn't engage with me at all on the fact that the item was too big for my needs, and kept insisting I take it. I then rang my bank to cancel the cheque but low and behold the person had driven 25 miles to my own branch to cash the cheque - this was between me sending the text and when he eventually got back to me via a phonecall.
So basically he won't give me my money back. I have offered €100/150 for inconveniencing him but he won't hear of it.
Is there anything I can do??
 
There is a time frame but you can call the bank + if the cheque hasn't been lodged/cashed yet you can cancel it.


Edit - apologies I was too quick to post that
 
no unfortunately I didn't, I don't write many checks and I didn't realise you had to cross it. I know, stupid! I honestly thought I was covered by only giving him a cheque.
 
But you went and saw the trailer and were satisfied before handing over the deposit. So how could you say the next morning during a phone call that it was not the correct trailer
 
it was nighttime and I didn't realise the trailer was the bigger model. As soon as I realised (less than 10 hours after seeing the trailer) I tried to tell the man it wasn't the trailer I was looking for. If it was parked beside a trailer of the 'right' size I would have realised, but it was on its own.
My question is how do I get my money back!
 
I there is nothing physically wrong with the trailer and you weren't actually misled as to the size of the trailer then I don't see how you have a leg to stand on here
 
yeah its more of a moral issue, thats what I am afraid of. If it was the other way round I would return the money. I wouldn't have it on my conscience!
I have offered him money for the inconvenience of it all.
 
Is the trailer worth 2.5k and would you be confident on selling it ? If so, why not buy it and resell it ?
 
I did consider this - but tbh the trailer was probably worth 800 to 1k more. That and the fact that suddenly he wanted cash, wouldn't accept a bank draft or anything (when we had agreed a cheque was ok) made me more wary.
I was thinking about this over the weekend:

1. we had a verbal contract, I was to buy trailer, he was to accept a cheque for the full amount minus the 500 deposit 2 days later when I arranged to collect it. That was 8pm.
2. By 11am the next morning I realised the trailer was the bigger model. I texted him straight away.
3. He didn't reply to the text until 3pm when he was insistant that I take it anyway and wouldn't take no for an answer. And also stated he wanted cash, not a cheque and not a bank draft.
4. I apologised for wasting his time etc. offered him €100/150 as he turned other callers away etc. but he kept insisting I take it and bring cash.
5. Ok by then warning bells going off so I rang bank to cancel cheque but he had already cashed it in person (my bank is 25 miles away so a 50 mile round trip)
6. He had cashed the check between recieving my text @11am and his call back @3pm.
 
I'm afraid you entered a contract, and so you are not legally entitled to your money back. (Note, Small Claims Court don't take on private sale cases anyway.)

I don't think the seller asking for cash after you tried to back out of the sale is all that suspicious. They (correctly as it turns out) may have feared you would just cancel a cheque or draft and so were within their rights.

No good to you now, but one of the golden rules that applies to private sales such as this is always view the goods in daylight.