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#558859 - 09/02/19 05:34 PM Re: Disappointed by fellow Morgan owner/member! [Re: MDS61]
KEVFITZ Offline
Has a lot to Say!

Registered: 26/09/14
Posts: 1475
Loc: YORK
Very disappointing !!!
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#558863 - 09/02/19 05:45 PM Re: Disappointed by fellow Morgan owner/member! [Re: HB57]
Stewart S Offline
Wave & smile... It's a Morgan
Member of the Inner Circle

Registered: 14/06/14
Posts: 10473
Loc: Lancashire, England
Originally Posted By HB57
Sorry to be pedantic but there is consideration- the price that was agreed to be paid It doesn’t have to actually change hands for it to be so.
Having said that I don’t think it’s actually illegal ( no law has been broken) but is probably a breach of contract.

P..S I’m not a lawyer just waiting for my Morgan to be built!


You are right it isn’t ‘illegal’, I was being a bit overly dramatic

You are right of course it is a breach of contract

I’ve successfully faught two cases exactly like this where a judge has sided with me as the aggrieved claimant
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#558864 - 09/02/19 05:46 PM Re: Disappointed by fellow Morgan owner/member! [Re: Stewart S]
Hamwich Offline

Talk Morgan Guru

Registered: 28/04/08
Posts: 7391
Loc: Gloucestershire, UK
Originally Posted By Stewart S

No Ian I’m correct

The ‘consideration’ is clear if the price is agreed and someone has agreed to sell that for that price and the person has agreed to buy it at the price verbally


Yes, I believe Stuart is correct - although the final component, a mutual intention to be bound, could be argued to not be present if the seller always intended to sell to a higher bidder if one came along.

In any event, it's very poor form. A chap's word is his bond. Clearly the seller is no gentleman.
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#558865 - 09/02/19 05:59 PM Re: Disappointed by fellow Morgan owner/member! [Re: Hamwich]
Stewart S Offline
Wave & smile... It's a Morgan
Member of the Inner Circle

Registered: 14/06/14
Posts: 10473
Loc: Lancashire, England
Originally Posted By Hamwich
Originally Posted By Stewart S

No Ian I’m correct

The ‘consideration’ is clear if the price is agreed and someone has agreed to sell that for that price and the person has agreed to buy it at the price verbally


Yes, I believe Stuart is correct - although the final component, a mutual intention to be bound, could be argued to not be present if the seller always intended to sell to a higher bidder if one came along.

In any event, it's very poor form. A chap's word is his bond. Clearly the seller is no gentleman.


But once the seller has agreed to sell to the buyer at the price verbally agreed the seller can not sell to higher bidder

The only loose item which could cause an issue was the cost of postage but under the sale of good act 1982 and the later distance selling regulations of 2000, the postage is concidered a separate element to the contract if the price of the item is agreed and I would argue that if the sellers offer of the postage was too high I would have the opportunity to make alternative arrangements such as collecting the item
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#558869 - 09/02/19 06:13 PM Re: Disappointed by fellow Morgan owner/member! [Re: MDS61]
Burgundymog Offline

Talk Morgan Addict

Registered: 11/05/14
Posts: 3458
Loc: Essex
I would contact the club and publishers and ask that he is banned fro using the magazine to sell items in the future. Poor form ooo
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2013 narrow bodied + 4 Ruby. Wolf performance Re-map suspension mods and K&N cone filter.

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#558875 - 09/02/19 06:36 PM Re: Disappointed by fellow Morgan owner/member! [Re: Burgundymog]
Neptune Offline

L - Learner Plates On

Registered: 05/09/16
Posts: 108
Originally Posted By Burgundymog
I would contact the club and publishers and ask that he is banned fro using the magazine to sell items in the future. Poor form ooo


Seems fair

I’ll ask the big question what is to stop the non seller being named and shamed in the interest of preventing others being frustrated by their actions?
Option B
What were you interested in buying? Just in case someone on here has similar to sell?

I know nothing about contact law/civil law so would be interested in answers.

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#558880 - 09/02/19 06:53 PM Re: Disappointed by fellow Morgan owner/member! [Re: MDS61]
brownbaker Offline

Talk Morgan Regular

Registered: 23/09/10
Posts: 850
Perhaps the other buyer was able to pick up saving the hassle of wrapping and posting?
Still not fair

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#558883 - 09/02/19 07:03 PM Re: Disappointed by fellow Morgan owner/member! [Re: MDS61]
Redfate Offline
Just Getting Started

Registered: 30/01/18
Posts: 91
Loc: London England
Pretty poor show, even if a cash buyer turned up and was able to collect he still should have given you that option before changing horses if you couldn't match it!
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2009 4/4 Sport in Red
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#558903 - 09/02/19 08:41 PM Re: Disappointed by fellow Morgan owner/member! [Re: MDS61]
OZ 4/4 Offline

Talk Morgan Expert

Registered: 25/11/11
Posts: 2551
Loc: Australia - NSW Mid North Coas...
Extremely poor form and I would make the club and magazine aware of it.
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A Morgan Identified Fastidious Owner...
2011 4/4 Bespoke, 1981 Delorean DMC 12

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#558934 - 10/02/19 02:15 AM Re: Disappointed by fellow Morgan owner/member! [Re: MDS61]
Sportster Offline
L - Learner Plates On

Registered: 10/02/16
Posts: 244
Loc: Wisconsin
Agree, very poor form. A person’s word and integrity is everything as far as I’m concerned.
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