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Re: Disappointed by fellow Morgan owner/member! [Re: MDS61] #558939
10/02/19 08:22 AM
10/02/19 08:22 AM
Joined: Jan 2009
Posts: 4,375
H
howard Offline
Part of the Furniture
howard  Offline
Part of the Furniture
H

Joined: Jan 2009
Posts: 4,375
Though the OP doesnt directly say so, my guess is that the price wasnt agreed because the postage wasnt known. In this case there was no contract because there was no agreed consideration.

Not nice though. My phone is set to automatically record all calls so with that evidence of unacceptable hehavious I wouldnt hesistate to name the individual

Re: Disappointed by fellow Morgan owner/member! [Re: MDS61] #558945
10/02/19 08:45 AM
10/02/19 08:45 AM
Joined: Jan 2013
Posts: 638
UK
BuyBritish Online content
Talk Morgan Regular
BuyBritish  Online Content
Talk Morgan Regular

Joined: Jan 2013
Posts: 638
UK
Ok legal issues aside inform Gill Bevan the member Secretary I would not like to see this person use our club for selling again!

inform her of the members number

strike him off from selling....

Last edited by BuyBritish; 10/02/19 08:45 AM.

Rob Davies
Morgan 3 Wheeler 1934 MX
Morgan Series 1 1947
Morgan +4 1956 TR4
Morgan +4 2000 T16 Rov
Re: Disappointed by fellow Morgan owner/member! [Re: MDS61] #558981
10/02/19 10:34 AM
10/02/19 10:34 AM
Joined: May 2009
Posts: 176
Durham, UK
S
smudger1 Offline
L - Learner Plates On
smudger1  Offline
L - Learner Plates On
S

Joined: May 2009
Posts: 176
Durham, UK
Judge Judy would have upheld your case!


1999 Morgan Plus 8. 3.9 ....
1961 Alvis TD21 Series1 3 Litre Auto....
Re: Disappointed by fellow Morgan owner/member! [Re: Stewart S] #558989
10/02/19 10:58 AM
10/02/19 10:58 AM
Joined: Apr 2012
Posts: 4,524
Surrey. UK
Neilda Offline
Part of the Furniture
Neilda  Offline
Part of the Furniture

Joined: Apr 2012
Posts: 4,524
Surrey. UK
Originally Posted By Stewart S

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


This happens in property selling - gazumping. Which is not illegal in England.


+8 4.8
Re: Disappointed by fellow Morgan owner/member! [Re: MDS61] #558995
10/02/19 11:09 AM
10/02/19 11:09 AM
Joined: Aug 2008
Posts: 2,055
Powick
tmg513 Online content
Talk Morgan Expert
tmg513  Online Content
Talk Morgan Expert

Joined: Aug 2008
Posts: 2,055
Powick
Unfortunately the guilty party is going to be one of only a very few advertising parts suitable for the OP's car in Miscellany and all will be placed under suspicion.


1972 4/4 2 Seater
Re: Disappointed by fellow Morgan owner/member! [Re: Neilda] #558996
10/02/19 11:15 AM
10/02/19 11:15 AM
Joined: Jun 2014
Posts: 10,703
Lancashire, England
Stewart S Offline
Wave & smile... It's a Morgan
Stewart S  Offline
Wave & smile... It's a Morgan
Member of the Inner Circle

Joined: Jun 2014
Posts: 10,703
Lancashire, England
Originally Posted By Neilda
Originally Posted By Stewart S

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


This happens in property selling - gazumping. Which is not illegal in England.


Houses and land in England are all sold ‘subject to contract’ and so the sale of goods act doesn’t apply

Slightly different in Scotland


2008 Bugatti Blue Roadster 4 Seater
Re: Disappointed by fellow Morgan owner/member! [Re: Stewart S] #559023
10/02/19 02:26 PM
10/02/19 02:26 PM
Joined: Oct 2011
Posts: 3,306
Somerset, UK
P
PaulJ Offline
Talk Morgan Addict
PaulJ  Offline
Talk Morgan Addict
P

Joined: Oct 2011
Posts: 3,306
Somerset, UK
Originally Posted By Stewart S
Originally Posted By Neilda
Originally Posted By Stewart S

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


This happens in property selling - gazumping. Which is not illegal in England.


Houses and land in England are all sold ‘subject to contract’ and so the sale of goods act doesn’t apply

Slightly different in Scotland


Could this also apply to goods like this, if the words 'subject to contract' were spoken at the time of the offer and acceptance or is this the actual contract and no further contract can be made?


Paul
[Beginning to get the best out of the ARP4]
Re: Disappointed by fellow Morgan owner/member! [Re: MDS61] #559027
10/02/19 02:41 PM
10/02/19 02:41 PM
Joined: Dec 2018
Posts: 308
Northern England
Northernmorgan Offline
Learner Plates Off!
Northernmorgan  Offline
Learner Plates Off!

Joined: Dec 2018
Posts: 308
Northern England
Tricky one.......if it was purely done over the phone and you didn’t record the conversation....which why should you.....how do you prove anything?

I was gazuumped by a well known dealer a few years ago. NOT a Morgan dealer I hasten to add. Agreed that I’d have the car on Saturday, said I’d arrange for funds for the deposit on Monday only to arrive on Monday to be told it had been sold later on Saturday! I was not amused and they lost my business.


John
1936 Austin Seven Ulster Replica
Re: Disappointed by fellow Morgan owner/member! [Re: tmg513] #559032
10/02/19 02:58 PM
10/02/19 02:58 PM
Joined: Sep 2010
Posts: 894
B
brownbaker Offline
Talk Morgan Regular
brownbaker  Offline
Talk Morgan Regular
B

Joined: Sep 2010
Posts: 894
Yes we have all been looking through the adverts see who it could be.So not fair on the other advertisers.
But we are only hearing one side of a story !

Re: Disappointed by fellow Morgan owner/member! [Re: brownbaker] #559070
10/02/19 05:48 PM
10/02/19 05:48 PM
Joined: Jul 2015
Posts: 465
Shropshire
MDS61 Online content OP
Learner Plates Off!
MDS61  Online Content OP
Learner Plates Off!

Joined: Jul 2015
Posts: 465
Shropshire
I have reported the seller to Gillian @ Miscellany.

Thanks for your words guys, 99% agree, that this is poor form!

Mark


Honesty means doing it right, even when no one is looking!

2004 Roadster S1 3.0 V6 - "Seve"
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