Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I bought two items off ebay back in August for an amount just over £1000 (I paid through paypal using my credit card). I was originally trying to arrange to pick the goods up from him, but the seller asked me to call him asap and told me he had to go overseas for work and that he would drop the goods to me at my place of work. He left the goods with a colleague, and pretty much ran off so I had no opportunity to check the state of the goods. Once I had, I found they were not in as good condition as advertised, "spares" mentioned in the ad were not there, the bag the goods came in had could all over them and permanent marker, the wear and tear was greater than advertised, parts were missing, and there was only one set of instructions when there should have been two.
His ad had said he would accept a return if unhappy because he was a "reasonable guy". I tried calling him that same afternoon, but only got through to his voicemail. I left a voicemail stating I was unhappy and that I wanted a return. I sent him emails through his normal email account as well as through ebay. Over a week later the seller finally emailed me back saying that everything in the description was true and that if I relist the items, I should get my money back by reselling. I restated to him by email that I was unhappy with the condition of the goods and that I wanted a return. Still trying to contact by phone resulted in voicemail.
I called up my credit card company to lodge a dispute. They told me to send him an email stating I was not happy with the goods, wanted a return, and for him to collect the goods from me, then send them a copy of this email, and they would refund the money to my card. I did as requested, and the money was refunded to my card. I later received a letter from the credit card company stating they were investigating the dispute on my behalf.
Two months later I heard nothing from either the seller or my credit card company. Unsure what to do, I called the Citizens Advice Bureau, who told me to contact my local Legal Advice Centre which I did. They told me to send the seller and email requesting his address for the return of the goods and to respond within 10 days.
He replied two days later with an address and stating he had received notification from Paypal that I had lodged a dispute through my credit card company. A couple of days after this, I received a letter from my credit card company stating the merchant had not received proof that the goods had been returned to him and that they wanted me to send them the proof within 10 days and hoped this "helps to clarify our position". I tried contacting my credit card company to get clarification about what was going on, but never received a call-back from the dispute department. I sent the goods back to the seller by special delivery and provided the tracking number to the credit card company by letter, as well as getting the customer service agent to note it in my notes when I called them to give them the information (since they don't transfer you through to the disputes department; you have to request a callback).
A week of so later after checking the tracking number, the goods had not been picked up by the seller (not home at the time of delivery) and I sent him an email to notify him I had sent the goods back to him. He eventually replied stating he had not been able to pick the goods up in the time the delivery office had held them and that they were on their way back to me. He arranged with his friend instead to pick the goods up from me from my place of work. His friend did, I got him to sign a statement that he had received the goods from me on the seller's behalf, and I thought that was that.
I called up my credit card company that afternoon just to confirm that the goods were returned, only to find that the credit card company had recharged me. I tried again to get through to the disputes department to find out what was going on, but again never got a call back and was told instead that I should speak to the seller. I asked them what I was meant to speak to the seller about since they were the ones who had told me to return the goods, and were now also recharging me, but they wouldn't not put me through to Disputes and kept repeating I had to speak to the seller.
Now over a week later I receive a letter from the credit card company stating that because the seller had not posted and rather "handed" the goods to me, it is "assumed" that I had checked the goods and accepted them - so now any return of goods would be considered as a "change of mind", and that they are not able to cover me under the Consumer Credit Act because the payment was made through Paypal. The only advise they can give me is to pursue the matter with the seller directly.
As it stands now, the goods are with the seller, and the credit card company have recharged me. Now I notice that the seller is re-selling the goods on ebay. Where does this leave me?? Barclaycard have essentially left me out in the cold!
Re: No Goods and recharged.. no thanks to Barclaycard
Get a chargeback on the 2nd transaction since it is a mistake.
Go after the seller directly, giving him 7 days to refund you or you'll take him to small claims. Then take him to small claims and get your court fees + 8% interest off him too.
Or you could write to the CC company and tell them that no "assumption" should be made, that the law is quite clear that you are allowed "reasonable" time before you can be deemed to have accepted goods and that they have no right to make such assumption, and that you, as their customer, expect them to uphold your statutory rights.
Apologies to people who I was in the process of helping, I may be gone some time.
Re: No Goods and recharged.. no thanks to Barclaycard
I hadn't even thought I could raise a dispute on the chargeback. I'll get onto that, thanks!
Because I had thought that them telling me to return the goods to the guy and provide proof had seemed like proof enough that I was going to be refunded, I closed my account with Barclaycard because of their extremely poor customer service and communication with me with this dealing. The account is still open in as much as they recharged me and I can still access the account through their phone system .. just wondering if it affects my rights with them in any way.
Regarding taking the seller to court, it'll be my last preference since he's been an absolutely nightmare to deal with; even to the point of trying to lie saying that I had returned him damaged goods and he was going to get a lawsuit on me (though this is the same thing he's reselling on ebay still stating as in excellent condition!). If it does come to this though, is there a time limit to when I have to get this sorted by?
Re: No Goods and recharged.. no thanks to Barclaycard
No, you can still deal with them even though the account is supposed to be closed.
The time limit for seeking redress is 6 years (limitations act), but obviously the sooner you do it, the better. I'd suggest trying once more with your c/c and if they still don't handle it properly, then waste no more time and go after him.
Apologies to people who I was in the process of helping, I may be gone some time.
Re: No Goods and recharged.. no thanks to Barclaycard
Ok, great - thanks again. I actually sent a formal letter of complaint when I found out about the recharge, especially since I had called up and they wouldn't tell me what it was all about, so when I called them a moment ago to dispute the recharge, they said my account was already being investigated and not to worry about having to pay the recharge just at the moment. Hopefully this time when they say someone will get back to me, they actually do and bother to listen to me and be of some help ..
Re: No Goods and recharged.. no thanks to Barclaycard
Might be worth doing a screen dump of the current ad on ebay just in case you need it.
RMW
I am not an expert in law, finance or any related field, I just read a lot. Any advice is based solely on what I've read so please don't take it as gospel without checking it out yourself.
I prefer not to give advice by PM. If you want me to look at something, send me a link to your thread, and if I can help I'll reply on there.
Re: No Goods and recharged.. no thanks to Barclaycard
Yup, done the screen dump. Have just written up another letter to the Disputes department in response to their letter notifying me of the recharge. Even though they're looking into my account from my letter of complaint, I'm feeling compelled to have to keep making my point clear. Have stated in it the points about "reasonable time" for acceptance, and that the seller has re-listed at least one of the items back on ebay.
Cheers again .. and wishing everyone a trouble-free new year!
No Goods and recharged.. no thanks to Barclaycard
using my credit card). I was originally trying to arrange to pick the goods up from him, but the seller asked me to call him asap and told me he had to go overseas for work and that he would drop the goods to me at my place of work. He left the goods with a colleague, and pretty much ran off so I had no opportunity to check the state of the goods. Once I had, I found they were not in as good condition as advertised, "spares" mentioned in the ad were not there, the bag the goods came in had could all over them and permanent marker, the wear and tear was greater than advertised, parts were missing, and there was only one set of instructions when there should have been two.
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