eBay Issue

[JonCris]

Forgot to mention The seller now advising of the damage does you no good as he'll just claim you caused it

[darkest_dawng]

I have a witness.

[JonCris]

An 'independant' witness or your hubby.....who won't be considered independant & that also includes any other relatives or friends

[1stlifeline]

I think you really need to eat humble pie on this one. The reason I say this is because he did offer to resell and split the difference with you and as the first time he sold it the bids went over 500 you just may end up better off. However if he gets wind of this thread or gets angry about the way you are handling it he may now sell it for £500 and just return your orig £200 leaving him a lot better off and you back where you started.

Im sorry but I still dont understand how you would pay upfront before inspecting and then drive away leaving both the goods and the money.

[Weird Al Yankovic]

Well, this thread has become a bit more interesting!

 

I have to say I am astonished by davethorp's intervention to ebay. If I were the seller I would be rather miffed.

 

Back to a prior post of mine-I just cannot see how the dismantled conservatory would not have fitted into a 3.5 tonne vehicle having now viewed the advert. It's a mystery.

 

I'm of the same opinion as before and, actually, even now more so. The OP would not have a chance of a successful claim on a 15 year old conservatory being 'not as described' for one panel being cracked when it is even unclear, or would be to a judge, on who actually cracked it.

 

One crumb of comfort for the OP-if the seller had not pre-warned about storage costs then I doubt he would be able to claim them after the event.

 

I'd let him sell it again but hope it reaches £200 to be reimbursed and the OP should agree to pay for relisting. Although I would pursue him should he minus storage fees.

[darkest_dawng]

Consumer Direct confirmed that we are covered by SOGS which means we are entitled to reject the sale and be entitled to a full refund. We have recieved a cheque for £150 from the seller after receiving this e-mail:

 

I have sold the conservatory on your behalf for £201. After deducting storage charges and commissions I have sent you a cheque for £150.

 

On advice from Consumer Direct we sent the following letter before cashing the cheque.

 

Thank-you for your cheque for the sum of £150.

Please be advised that under the Sale of Goods Act 1979 (as amended) we are entitled to a full refund of the monies paid as you were in breach of contract relating to the description of the goods.

We have not agreed to the amount deducted from the total sum paid, and require payment of the balance of £50.00. Unless this matter is satisfactory resolved within the next 7 days I will instigate legal proceedings without further notice. The cost of this action will be added to my claim.

Cases have been filed with eBay’s Trust and Safety team and with Consumer Direct who have advised us on this course of action.

 

I will be sending a LBA on Monday if necessary.

 

Just posted this to keep you updated.

[JonCris]

Of course CD agree your entitled to have your money back why wouldn't they, After reading your story we all agree your entitled to have your money back. Everyman & his dog will agree your entitled to have your money back but just because CD or us say your entitled doesn't mean you'll get it as your problem is going to be able to prove it

 

It's no good you just claiming it was damaged or producing biased witnesses & thinking that will be good enough for the court it may not & if the seller says it was not damaged & that you damaged it how are you going to prove otherwise. Also you paid up BEFORE inspection which frankly ain't gonna impress the court.

 

Though I doubt it I do hope the seller refunds your £50. No matter what advice you receive you have clearly made your mind up to ignore entirely that which you don't like & are intent on steaming ahead on going down this road.

 

All I can say is to wish you the best of luck & hope your successful but be careful it doesn't end up costing you more hard earned money than you bargain for

 

I would point out that the seller could mount a counter claim not only for his costs in re-listing but also the damage which he will claim you caused thereby devaluing it. In other words he could reclaim the money he has already refunded plus his court costs

 

I strongly advise you not to issue proceeding because he has refunded you in the most part & a court may view your claim as somewhat vexatious & award a wasted costs order against you

[Weird Al Yankovic]

Actually I don't think the seller had to refund at all.

 

Indeed, he hasn't refunded, he has just sold it on and passed the proceeds onto the OP. Although I don't agree he was entitled to charge for storage costs and 'commission', however, how he has come to a figure for that is a mystery.

 

I got sick of ebay because of situations like this. A buyer would send irate emails to me because they had not received their goods within 2 days!

 

The OP had opportunities to view the item but still paid for it upon collection! And because one pane of glass from a 15 year old conservatory had a crack in it and it wouldn't fit into a van they wanted a refund!

 

Quite ridiculous.

[1stlifeline]

Another strange thing, the seller ended the auction early, there were no bids. If it was a private sale it would more likely go for 200 than 201 so maybe he has just decided that he will refund 150 and keep 50 for his trouble.