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About raffles99

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  1. Thanks. That seems to be the case in the 'Paypal Buyer Protection Policy' after just reading it. Clicking on the original payment within Paypal took me into ebay dispute resolution though which was 30 days, unless the seller agreed otherwise, which he didn't and just closed the case! Wondering how I get Paypal to look into the matter as there is no obvious method???
  2. Thanks for that. Just confirming what I thought re section 11. The trader had 99% positive feedback and 2000+ transactions so I was surprised the problems I have. In fairness to them it wasn't reported stolen when they sold it, but that's not the point here, it's just that my having a secondhand phone has led to problems and hassle I shouldn't have encountered. As an aside, amusingly in a way, EE though I had a faulty sim card initiallly then Samsung took 5 days to replace my motherboard - not required and neither picked up the phone was barred!!!
  3. Thanks for that. Don't believe paypal interested if after 30 days. Do you mean a chargeback via the credit/debit card I used, as reading about this elsewhere leads me to believe this is a grey area and banks my or may not take action depending on which tway the wind is blowing on the day...?
  4. I bought a mobile phone from an ebay licenced trader in March. 6 weeks later it stopped working - whereas it was advertised as NEW it turned out to have had a previous owner, who's probably reported it stolen/lost after selling to the shop I bought it from. The shop have offered 50% of £430 purchase price, but I believe I should be able to claim all under Consumer Rights Act 2015? Nobody can tell me if it has been stolen or whether it's just lost, incidentally. Original network appear to have barred phone. The ad title was UNLOCKED - NEW & BOXED. The trader said that the item condition was NEW not that it hadn't been owned or used before. I thought I was buying direct from a store (and didn't realise they were a pawnbroking chain at the time) with a small saving v RRP as it was a phone (galaxy S6) that was becoming obsolete. The store said that ebay was for resellers and secondhand goods and that I shouldn't have expected a NEW phone (they have since sold another S6, advertising it as BRAND NEW......). Please see attachment for full details. Thoughts appreciated as I am strongly contemplating legal action now. ad for S6 I bought.pdf
  5. The defendants in my county court fast track action have put in an application for summary judgement against me, and this will be heard in 7 day’s time. 1. Can I take action against this prior to the hearing, especially if I have more information to my original case statement that may well help me? The defendants, Tescos, are alleging that my recycling 2000 inkjet cartridges through their scheme did not constitute personal and consumer use for the purpose of the scheme rules. 2. However, in myself acting as an individual in sending them cartridges to be recycled in exchange for points under their reward scheme, as per their terms and conditions, aren’t Tescos inviting me here to recycle not as a consumer but as a business to business transaction in effect? ie whether I recycled 2 or 2000 I wouldn’t be acting as a consumer? 3. How likely is it that a county court judge is going to decide that Tescos give me the full advertised (under Clubcard scheme) value to me of the cartridges (C£4 each) rather than a notional £1 each (approx cost of cartridges when they were accepted for recycling be Tescos)? Tescos solicitors have said that in a recent similar case ruling, the judge struck out the claim as having no real prospect of success. They have also stated that the crux of the case is going to be the wording of the contract itself (the overall terms and conditions) rather than the more specific conditions relating to the recycling scheme within the overall scheme and any parties discussions outside of the contract. 4. Does that sound correct? Thank you for any input here!
  6. Just wondering whether the consumer regs apply where an individual sells to a business - eg Recycling companies buying mobile phones or inkjet cartridges. There is a legal contract formed when they accept them, is their not, for them to reconpense at the published rate? The individual would still be regarded as a consumer in contract law, would he not, even though he's not doing the buying in this case, but as he's operating in an individual capacity, not in connection with his business or preofession? Please let me know if the consumer regulations do apply (and why!), or if there is any other contract law that may apply in this case. Thanks
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