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    • Hello, I am a private seller and recently sold a pair of trainers on eBay.  Everything seemed fine until just after the eBay 30 day mbg had expired.  The buyer contacted me with photos showing me that both shoes had ripped.  He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay).  He then initiated a chargeback via Paypal.  Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers.  I would have also been stung for the chargeback fee, but eBay refunded this.  Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc. I have been in contact with citizens advice, and my bank.  Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose.  To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'.  In my mind, this makes the claim fraudulent.  He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence.  My understanding is that the chargeback is unlawful, because the trainers were shipped as described.  However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman.  Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback?  I have reported it via the Actionfraud website. Any advice, anyone?  Would be most grateful!
    • Thank you, I have drafted my letters and started to complete the reply form, printed from this site and not using the one they provided.    2 questions, on the forum link it says to tick box D & I, the reason for box D will be given on my thread, what would my answer be to "I dispute the debt"?  Do I send anything for the Vodafone debt they have included?  I've only done 118 loan s. 77 & capital one credit cards so. 78    Thank you  
    • It'll be something to the effect of:  "I am in receipt of your letter before claim.  I was awaiting a passenger as a licensed cab driver on the Locton estate who subsequently cancelled the pickup after me waiting a while and will fight this in the small claims court if necessary. Plus I have friends who are experts in contractual law and make it their business to defeat these spurious PPC claims.  So issue the claim form or go forth and multiply, up to you"
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Retailer offered tape to repair cracks in boots


Sweet Justice
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Hi,

 

I'd be grateful if anybody could give advise me on my rights for the following issue.

 

I bought a pair of waterproof boots from a well-know firm that sells outdoor & rock climbing gear.

The boots have developed cracks on the panel that runs around the shoe and is attached to the sole.

 

The sole itself is fine.

The boots however are no longer fit for purpose.

 

I showed them to the shop assistant who told me that it's general wear and tear and there's nothing they can do about it.

I asked if they could repair them and was told I could (buy) and try a tent repair tape, but that they weren't sure if it would work.

 

I am in doubt as to whether that is really the case and was wondering if anyone knows what my rights are in this situation.

Thank you.

Any advice will be much appreciated.

 

Sweet Justice

Edited by dx100uk
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How long ago did you buy them? When did they break. How much are they worth?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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How long ago did you buy them? When did they break. How much are they worth?
you need to answer this question before we can go any further
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Thank you for your replies everyone. I'm guessing that I bought them over two years ago. I'm sorry, my health condition affects my memory. I can never give precise answers, especially when it comes to dates and timelines. Two years may seem like a long time, but since they are snow boots, it's only for a short time in the year that I actually wear them. For the mileage I've covered, they should have lasted longer. I'm a slow walker as I have fibromyalgiya. So again, it's not like I've been very active/hiking in them. Is it ok to post picture here to explain exactly what the damage is and why I feel it shouldn't be classed as wear and tear but a fault with the material used? Thank you.

 

Edit: They were £60. They have been redesigned and priced at £80 now. Oh and another thing. When I first bought them I left a review on the website. It would have been a good way to determine the date of purchase. However there's no reviews on the website anymore. I am wondering if others experienced the same problem.

Edited by Sweet Justice
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Sorry. It seems your post got lost here. feel free to post up pics, so we can see if its is an inherent fault or if its wear and tear.

 

Also, how long after you bought them did they fail?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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as it is over 2 years it has to be a latent fault, ie a manufacturing problem so the retailer is within their rights to tell you it isnt to do with them.

I agree that wear and tear is unlikely but materails do degrade with age so you should find out who the maker's rep in the UK is and get on to them to ahve them properly assessed. An exchange for a nice new pair would be a reasonable outcome but be prepared to accept a voucher towards the cost of another pair of boots.

You could ask whether they ahve been tested by a company like SATRA to detemine what should be the lifespan of a pair of the same.

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Hi

 

Thank you for your reply. I am sorry I can’t remember when the cracks first appeared. I believe that due to the location of the damage and short time I’ve worn them (in the winter for short trips to the shops etc), the damage should not have occurred at all. Here are the pics showing the damaged and I am convinced it is due the the material not being flexible enough to bend with the natural movements of the foot.

 

edit: sorry image too large to upload. I don’t know how to resize it. Will try later God willing.

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problem is the burden of proof is for you to show unless there is a known problem already with them, hence asking them about whether they can show you thieir testing results. Salt can degrade leather and most materials if left to dry into the fabric so again you will ahve to show that you took reasonable care of them.

If I bought a car and it had a 7 year warranty that would be void if I diont keep the oil topped up, radiator fluid levels correct and various other small things that need to be done. likewise the service record will have to be fully up to date so knowing about recalls on that model, known faults etc make it easier to argue that any problem is under the warranty. you will have to do your homework if you wnat to get anywhere with this

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