Help ebay problems getting me down!

[helenm1984]

Hi,

Just some background info, I am poor so selling my stuff on ebay, In Jan 2008 (9th) I sold my pogo alert, my partner had bought it me and he said he never registerd it, when I swithched it on it said to register to get updates, well I had an operation so couldnt drive, so sold it, I didnt register it, so sold it as not registered, on the 9th Jan 2008, anyway the buyer received it next day and left positive feedback, then yesterday emailed me (14th April 2008) to say it had been registerd and he couldnt use it as it requires a user name/password etc, which I dont know as I never registerd it, my partner thinks as he bought it through his exsisting account Pogo automatically registerd it to him? confusing! but this buyer is indicating he would like a refund as it was not as described, but it has taken him over 4 months to contact me and well over the 90 day period, so do I have to do anything as I am not a business, I havent got the money to refund him and the main point is that its took him so long, if he had contacted me within 4 weeks of sale I would have refunded him, but what do I have to do if anything!? ebay have said they'll pass on my info, but I dont want an agressive person upsetting me!

Any advice!

Thanks H

[barracad]

What is a pogo alert?

[Chesterexpress]

It is a speed camera warning device, similar to road angel. In my opinion these things ought to be illegal.

[buzby]

Why not contact Pogo and ask them what the status is? Explain that it has never been installed and you disposed of it, but the new owner is concerned that the registration won't activate. They should be able to transfer it on request.

 

As for a previously stated view that these devices 'out to be illegal' - this is obviously taking the view that folk deserve what they get for driving fast. Using that logic, we should outlaw safety belts too!

[Chesterexpress]

As for a previously stated view that these devices 'out to be illegal' - this is obviously taking the view that folk deserve what they get for driving fast. Using that logic, we should outlaw safety belts too!

 

Flawed logic buzby, safety belts can save lives and accidents can happen for many reasons not just speeding. The reason I say they ought to be illegal is that people ought to be aware of the speed limit and use it as a maximum depending on road conditions. The use of this type of instrument allows people to speed and get a warning when nearing a camera, therefore in my opinion they encourage speeding. Why else would anyone use one?

[buzby]

Of course is flawed logic - as is suggesting that a device that tells you where cameras are is somehow unethical. I do not unknowingly routinely speed, but I know where all my local camera spots are and these won't catch me 'unawares'. My device provides a reminder of the CURRENT speed limit on the road I'm travelling on - as I've lost count of the number of times speeds magicall change from 60 to 40, to 50 then 30 with no rationale. Overlooking for the moment that many of the locations (bottom of hills, behind roadsigns etc) the location of many are there to catch the unwary. Painting them yellow whilst positioning them where they are only being used as a revenue source is a scourge. I drive carefully for the conditions I meet, this may differ from what the local council thinksis reasonable - but I'm aware that improper signage is also a factor that catches non-local drivers. Anything that makes the driver more aware, along with school zones etc is a step in the right direction. I'm all for making them compulsory!

[gyzmo]

I wonder if there was a detector which bleeped when you were breaking the speed limit (irrespective of cameras) would be as useful as one of these detectors. There are mixed view of them and a MORI poll apparently suggests that people who use them drive more carefully. I personally do not like the idea. If you feel you need one, then you should take more driving lessons or have an attitude adjustment as to the Road Traffic Act

[helenm1984]

Hi,

I have contacted pogo, who say thats it ok to transfer ownership BUT there is a £35.00 charge for the pleasure, which my buyer does not want to pay and neither do I, he now says he wants to take me to court under the sale of goods act..........! if he had contacted me straight away I could have sorted it, grrrrrrrr as for the pogo, I had it because where I live there are millions of speed cameras, and lots of stoopid drivers who tail gate you if you stick to the speed limit, which I have a tendancy of doing, I have never been done for speeding, but my licence is preciuos and you hear storie where peopl are just doing 1 mile extra over the speed limit, which could be because your can is not calibrated right, but its still your fault, better safe than sorry! but to be honest I am always to scared to go fast, so I am one of thoese annoying drivers that slow everyone up!

[davethorp]

As your a private seller the SOGA does not apply so he's talking out of his bum there

[helenm1984]

Hi, Well thats a bit of good news! can he still take me to court tho, thats what he says he'll do! but I am skint, I mean going bankrupt shortly skint, so am I right in thinking if he were to do this he would be wasting his time, as that 'debt' would just go into my bancruptcy?

[gyzmo]

As your a private seller the SOGA does not apply so he's talking out of his bum there

 

SoGA does apply to private sales - though only in terms of description and title to goods (becasue it would be pretty silly allowing sale of goods where you have no right to sell them otherwise!)

[JonCris]

It would appear that you sold it claiming it was un-registered & if so I'm afraid you must either refund the money.......or pay the £35.

 

Sorry to say this but, I say again, if your statements are correct then this is a clear breach of the SOGA & even as a private seller you have an obligation to give an accurate description of the item your selling something which I'm afraid you have not

 

Final point even as you state as mitigation you didn't know, it was a mistake on your part the buyer cannot be held liable for your mistake

[JonCris]

Forgot to add regarding the 90 day rule.............as there was no evident damage to the item then the 90 day rule will not apply. Also there is no obligation on the buyer to check for registration particularly when you claimed it wasn't registered.......and he could use his purchase at any time of HIS choosing

[helenm1984]

Ok well I cant afford to refund him, would there be any point him going to court as I am going solvent? (ie have no money) he has refused transfer fee, and not only wants that but £50 for the subcription, I cant afford this nor affor a refund, I ve been told by trading standards not to tell him this........ yet as it would be like a red flag to a bull, there advice to him would be no to pursue me through the courts as it would cost and there is no point pursuing someone who has no money, is this correct, and now how should I deal with this numpty, no offence but he has had 4 months, I am sorry but I did tell him to check everything straight away.

[JonCris]

Well I'm sorry you can't afford it but you came here for advice & I'm telling you how it is.

 

No matter how you look at it you sold goods that are not as described & 4 months is neither here nor there as no fault was evident.

 

I'm sorry but he was perfectly entitled to take your word for it that it was unregistered..........why wouldn't he.......he trusted you

 

You can tell the buyer not that you won't pay but that you can't pay as you have no money then it's up to the buyer what steps they want to take but be prepared to have your ebay account suspended

 

Remember we ain't talking about some greedy bank here probably just some ordinary consumer like you who probably feels they have been conned

[davethorp]

SoGA does apply to private sales - though only in terms of description and title to goods (becasue it would be pretty silly allowing sale of goods where you have no right to sell them otherwise!)

 

I was sure I saw a thread on here that said SOGA did not apply to private sales. However I stand corrected

[JonCris]

Dave when we say SOGA applies to private sales we don't mean the whole of it just the bit about describing the goods.

 

Like any sale, even private, they have to be of merchantable quality, as described

[helenm1984]

Hi,

An update, I paid for the pogo to be transferred to the buyer, all went well and he was happy, I also checked with trading standards and they say I have done everything required of me now, so again I heard nothing for a while, then today the buyer has emailed me to say he cannot get updates via pogo online and he cannot contact them, I tried to contact pogo and got through straight away, they told me it would be a problem with his computer and nothing to do with the pogo unit, if it was he needs to contact them to sort it out, but he just says he cant get through, what I want to know is do I have any more responsibility to this sale, I did not say it was working, just that it was new, which it was. But I would like to say to the buyer that I have done all I can and he needs to contact pogo to sort out the problems, am I allowed to do this?

Thanks again Helen

[JonCris]

I think that now you have done all you need to to meet your original obligations. I would tell him you can get through without any problem & you may even wish to send him a copy of your invoice (remembering to remove card details) to prove your paid

 

If he still comes back wanting his money returned then I think you may have someone suffering from buyers regret which for them is just tuff!

[helenm1984]

Hi,

Thanks for that, I have sent him proof of purchase and a seperate letter to confirm change of ownership, which he has received, my partner think it's just a case of buyers regret, as if the item has devoloped a fault then he can just go to pogo as it is still under warrenty, still!

H