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The judge cannot "force" you to buy anything. As stated previously all you should be paying is for the "loss" of income by the other party, i.e. the difference between what he sells it on for and what you were going to pay for it.

Anyway as I said, an eBay agreement in this instance is not binding in the eyes of the law so not sure how the judge came to the conclusion and awarded costs to the other party. On appeal I am sure it will get thrown out.

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also it was a second chance , so he invited you to buy , you did not win an auction in the first place, and on inspection your opinion was the goods were not as advertised, i wonder if the winner did the same refused to pay because of the condition

 

what this judge is saying , you go in a supermarket pick something up get to the till and change your mind before you pay for it , and refuse the item , but you still have to pay, rollocks , the Judges decision is erred in Law

 

you really need to fight this, there are people on here that can help you fight this in the name of true justice

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Sorry to hear this.

 

Anything stopping you meeting your obligations and purchasing the caravan via paypal and then raising a not as described chargeback through paypal/ebay?

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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he cant follow that route , because they guy could go straight back to court saying he withdrew payment

 

the answer here is to appeal, the Judges decision is erred in several ways

 

ler the legal minds on here sort it, Joncris etc

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Hi, I am still around and thinking of my position, I do not want to have to give this bloke my hard earned money.

I am on pension credit with little savings. If i just did not pay, he would get an enforcement order, i have nothing of value in my property that belongs to me, my son who lives with us has quit a lot of electrical stuff as he makes his own music and has a big tv .

when the bailif turns up can anybody tell me exactly what they can and can not do.

Is the onus on them to prove things belong to me or if I say it does not belong to me is that good enough? does my son have to provide receipts?.

can they take jointly owned belongings?.

I have seen somewhere i can swear an affidavit ? in front of a solicitor to the effect that nothing of value in my property belongs to me is that right?.

There are so many stories on tv like rouge traders,were people just do not pay ccj`s and nothing happens to them. At my time of life i am not worried about a ccj only how far things might go.

Is this the answer as it seems the easiest way?.

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You could make an application to the court for payment by installment.

 

A fiver a month, if you are on a low income.(That will pee on the other side's bonfire!)

 

But wait until you hear from the site team about a possible appeal.

 

Enforcement only kicks in if you fail to make payments ordered by the court, which will be just what you can afford, so dont worry about that at the moment.

Edited by noomill060
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You are doing this all wrong.

 

If you are going to use a solicitor at all, get them to get the appeal in NOW! The judge is wrong. They are not perfect and that is why the appeal system is in place. Years ago I had to go all the way up to a judicial review at the high court, but I won.

 

Do not be afraid of the outcome. The judge is wrong. There was no contract in law. You were offered an item and you accepted the offer, but it is still subject to the item being as described.

 

Go into Dixons, agree to buy a 37" Sony Bravia TV. Off he goes to the back and comes back with one that has a scratch on the casing. Are you obliged to buy? No.

 

The fundamental principal here is that the item was not as described. You now need to sit down and write out exactly why it was not as described. ie, worktops scratched, damp, leaks, keys missing, bald tyres. Whatever it was that made you decide it was not as described is your reason not to purchase and thus is your defence.

 

It would seem you went to court ill prepared and the judge has got this one wrong.

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Hi, I am still around and thinking of my position, I do not want to have to give this bloke my hard earned money.

I am on pension credit with little savings. If i just did not pay, he would get an enforcement order, i have nothing of value in my property that belongs to me, my son who lives with us has quit a lot of electrical stuff as he makes his own music and has a big tv .

when the bailif turns up can anybody tell me exactly what they can and can not do.

Is the onus on them to prove things belong to me or if I say it does not belong to me is that good enough? does my son have to provide receipts?.

can they take jointly owned belongings?.

I have seen somewhere i can swear an affidavit ? in front of a solicitor to the effect that nothing of value in my property belongs to me is that right?.

There are so many stories on tv like rouge traders,were people just do not pay ccj`s and nothing happens to them. At my time of life i am not worried about a ccj only how far things might go.

Is this the answer as it seems the easiest way?.

 

 

 

 

I can understand your comment - but you are going to get the item in dispute in return, is that right ? Presumably you have the funds that you were going to purchase it with in the first place? So as suggested before you could sell it to regain some of your funds?

 

Not that I am suggesting you should not appeal - I think you seem to have a good case if you can get your evidence together.

 

My boss actually purchased a trailer from ebay. When he got it home and made a thorough inspection there were lots of covered up faults. I guess Caveat Emptor should have precided - but he did get his money back.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

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offer from A&L 24/8/07 - after case stayed

 

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if it is as the Op described

 

remember it was a second bidder offer from the seller , i would expect the seller contacted him because probably the same happed with first buyer , sussed him out

 

there was no contract via Ebay so it is not an auction matter of anykind, that had finished , his original offer had gone when outbid.

 

he was contacted and said he would buy it , now in law he offered to buy something off a man in the street, went along to buy it and it was not as it had been discribed so he refused to buy it which he has every right to in Law, he owes the seller nothing and there is nothing in Law that can make him buy it,

 

its no different that seeing an advert in car mag for a car , ringing the guy up saying I come and buy it , getting there and its a pile of POO, and you walk away

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its got to be appealled,

one thing is important in the appeal is to highlight

 

A) he did not win the auction he was outbid,

 

B) the seller contacted him direct and offered to sell it to him ( no longer an ebay matter )

 

C) just why did the auction winner pull out ( bet he turned up and told him to stuff it, why didnt he take the winner to court ? simple he took his chance and contacted the OP, when the OP said No he knew he was a pensioner and easy game in court )

 

D) on appeal the matter of the winner pulling out and not being the person the seller has taken to Court

 

what is needed a defence put together for the OP

 

as he is on Pension Credit charges for appeal should be waived

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Not quite

 

He was made the offer via ebay as a second chance offer. We do not know why the original auction winner did not complete the sale. It could be that they went and saw what a pile of crap it was. It could be they were just a timewaster - there are planty of them, it could be that they dies. Who knows? In any event it is irrelevant.

 

What is relevant is that just beecause the seller offers to sell and the buyer agrees to buy, does not constitute a contract. As my example above suggests, you are agreeing to buy on the basis of the description being accurate. In this case the buyer is saying that it wasn't and as such he was entitled to reject the sale.

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In this case the buyer is saying that it wasn't and as such he was entitled to reject the sale.

 

Pretty one-sided! The seller probably argued it wasn't - so there was no 'entitlement' to anything. The judge clearly agreed with him so that appears to be a bogus argument.

 

Secondly, you appeal becasue you are convinced you will win, not to have a second stab at a verdict you might like. What would have been required to with would be unpicking the points that were misrepresented, and THEN using this to hang the seller out to dry.

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remember it was a second bidder offer from the seller , i would expect the seller contacted him because probably the same happed with first buyer , sussed him out

 

I thought that the thing did not meet the reserve and the OP was the highest bidder, so was offered the deal?

 

there was no contract via Ebay so it is not an auction matter of anykind, that had finished , his original offer had gone when outbid.

 

We don't know that there was no contract, it depends on the advert and what was said at the time. It seems to me that the seller said 'you want to buy it?' and the seller said yes and a price was agreed. Offer, Acceptance and consideration. One perfectly valid legal contract.

 

When the buyer turned up it transpired that the goods were not as described. This means that the seller was in breach of the contract and the seller needs to prove mis rep or breach of contract. By his own admission he pleaded none of these and therefore the judge, based on the evidence presented to him, made the right call.

 

now in law he offered to buy something off a man in the street, went along to buy it and it was not as it had been discribed so he refused to buy it which he has every right to in Law, he owes the seller nothing and there is nothing in Law that can make him buy it,

 

Agreed, providing he can prove the misrep or breach.

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its got to be appealled,

one thing is important in the appeal is to highlight

 

A) he did not win the auction he was outbid,

are we sure? could it not be that the reserve price was not met and them they offered it to the highest bidder (which is sent through a second chance offer)

B) the seller contacted him direct and offered to sell it to him ( no longer an ebay matter )

the op was contacted through ebay on a second chance offer

C) just why did the auction winner pull out ( bet he turned up and told him to stuff it, why didnt he take the winner to court ? simple he took his chance and contacted the OP, when the OP said No he knew he was a pensioner and easy game in court )

there wasn't one if above

 

D) on appeal the matter of the winner pulling out and not being the person the seller has taken to Court

as above

 

what is needed a defence put together for the OP

 

as he is on Pension Credit charges for appeal should be waived

 

 

maybe the op has not given us the full details

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Just my two pence.

 

I think the problem here is that the OP didn't post the claim form till a defence was filed, and was then expecting advice.

 

If you have no clue how to deal with such matters then you should post the claim form up AS SOON AS YOU RECEIVE IT, not start a thread 6 months later.

 

Had the OP done as other posters have done and posted the claim form up as soon as it was received, I am sure that somebody like me could have come up with a solid defence that would have succeeded.

 

If a defence or claim is not phrased correctly it will fail. The Claimant's wasn't phrased well, but I can only guess - no offence meant - that the Defendant's was phrased on a similar level - and the defence must ALWAYS be phrased better than the Particulars of Claim!!!

 

As for appealing. In small claims that's complicated and I am not committing to assisting with something like that unfortunately. It is very hard to deal with and requires a lot of time and cooperation.

 

I think that on the face of what the Judge had in front of him, he probably made the right decision, but had the Judge been helpful then he would have got to the bottom of the claim and defence and ruled in favour of the OP.

 

Good Luck whatever you decide.

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Just my two pence.

 

"I think the problem here is that the OP didn't post the claim form till a defence was filed, and was then expecting advice.

 

If you have no clue how to deal with such matters then you should post the claim form up AS SOON AS YOU RECEIVE IT, not start a thread 6 months later."

 

LP The Op has only registered on here in January-for gawds sake have some bloody tact.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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OK as one of the resident ebay forum regulars

 

Seller sold with reserve, which was not met but Classe was the high bidder.

Seller then made a second chance offer to Classe at his bid, he accepted, then went to pay and saw the state of the van and decided to walk away.

on the EBAY boards it's always been assumed that all a seller could sue for was the loss of fees & what the difference was between the winning bid ( reneged on ) and the eventual paid bid.

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Just my two pence.

 

"I think the problem here is that the OP didn't post the claim form till a defence was filed, and was then expecting advice.

 

If you have no clue how to deal with such matters then you should post the claim form up AS SOON AS YOU RECEIVE IT, not start a thread 6 months later."

 

LP The Op has only registered on here in January-for gawds sake have some bloody tact.

Apologies, but I don't think I was being tactless. All I was saying was if you don't have a clue what you're doing, seek advice.

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Well he has been doing that.

Lets be honest-no one was expecting this decision even with what was on the table AFTER he came here.

 

 

Let me remind what YOU youself had to say on 12th.January;

 

"This looks like a bunch of codswallop, and I'd want to claim costs if I was the OP. Pretty good chance of success for the OP here!

 

How I wish I had time on my hands and Dartford wasn't so far away from Mancyland! If it wasn't my burpday this Thursday and this wasn't so far away I'd come along for the laugh!"

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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classe-can you just confirm that you pulled the discussion from ebay-or was it done against your knowledge/wishes ?

Just interested to know.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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What is ebays item number? It would be good to take a look at this listing.

It really does need appealing, but I still think it would be easier and less heartache to resell the item and try to make a profit.

 

As a buyer, you cant be given a bad feedback. But you can give him one.

 

You could also give him many more bad feedbacks.

Its WAR

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