John V Ebay Seller

[Scouserlad]

Hi

 

I bought a server from an ebay seller and on the auction there was conflicting information. One part of the auction stated that there was no hard drive in the server and another part stated there was 1 x 73GB Ultra Scsi Hard drive. I have asked the seller for there post address and Directors name (they are a limited company) now they will not reply to my emails. I paid for the item with my debit card the bank has told me they are unable to do anything until the 22nd april 2009. Can anybody give me a letter template to send to them as i have a found a post address but unsure what i should be quoting to them

 

Thanks

John

[bigegg]

did you receive anything at all?

Did you pay via paypoo?

did you query the description before purchase?

 

difficult to suggest anything until we have a few more facts.

[Scouserlad]

Hi

 

I recived the server without the hard drive, i payed then direcly with my bank card (deit) and there was no time it had something like 15 minutes left when i found it

 

John

[bigegg]

How much did you pay (approx)? And how much is a hard drive? For the sake of a £50 S/H hard-drive (which might have been FUBAR within a week any way), I'd have to ask myself "Is it worth the hassle?".

 

Assuming it went to court (which is how far you may have to push it) - the seller would argue mention of the hard drive was a mistake in the listing evidenced by description ALSO saying "No hard drive".

Which could have been clarified by "ask seller a question"

 

If you are unhappy with server, you have 30 days under Distance Selling Regulations to cancel order - unless otherwise specified, seller must refund IN FULL, and collect at his expense.

 

I assume this was a private buy? (Not for a business?).

 

 

Something along the lines of:

 

"dear sirs,

I wish to cancel the above order under the Distance Selling Regulations, 200x

Please refund my payment.

Please telephone me on xxxxxxxxx to arrange collection"

 

If no reply, then you can issue court proceedings

[Darwin]

How much did you pay (approx)? And how much is a hard drive? For the sake of a £50 S/H hard-drive (which might have been FUBAR within a week any way), I'd have to ask myself "Is it worth the hassle?".

 

Assuming it went to court (which is how far you may have to push it) - the seller would argue mention of the hard drive was a mistake in the listing evidenced by description ALSO saying "No hard drive".

Which could have been clarified by "ask seller a question"

 

If you are unhappy with server, you have 30 days under Distance Selling Regulations to cancel order - unless otherwise specified, seller must refund IN FULL, and collect at his expense.

 

I assume this was a private buy? (Not for a business?).

 

 

Something along the lines of:

 

"dear sirs,

I wish to cancel the above order under the Distance Selling Regulations, 200x

Please refund my payment.

Please telephone me on xxxxxxxxx to arrange collection"

 

If no reply, then you can issue court proceedings

 

Sorry BigEgg , not quite sure your correct there

 

 

 

 

 

 

Cancellation periods

 

The regulations give consumers an unconditional right to cancel an order. This is to allow the consumer the opportunity to examine the goods or consider the nature of a service.

 

If a consumer cancels an order, written notice must be given to you by:

• goods – seven working days from the day after that on which the goods are received by the consumer;
  
• services – seven working days from the day after that on which the consumer agrees to go ahead with the contract.
  

If you fail to provide consumers with written confirmation of all the required information, then the cancellation periods can be extended up to a maximum of three months and seven working days. If the missing information is provided during this time, then the cancellation period ends seven working days beginning with the day after the full written confirmation is received by the consumer.

Where a contract is cancelled, the consumer must ensure that reasonable care is taken of any goods received and 'restore' them to you. This does not mean that they have to return them - unless you stipulate this in the contract - only that they make them available for you to collect.

You must refund the consumer's money as soon as possible and, at the latest, within 30 days of receiving the written notice of cancellation. The consumer may, at your discretion, be charged the direct cost of returning the goods, but you must tell them about this in the written information you give them.

If payment for the goods or services is under a related credit agreement, the consumer's cancellation notice also has the effect of cancelling the credit agreement.

[buzby]

What you have outlined may be fine for standard mail order, but bigegg has nailed it on practical terms. The goos were advertised on an auction site, the issues over whether the unit was provided with an HD or not should have been established before the placing of a bid. I am assuming this was a standard auction and not a BIN...? If the latter, then the pretence of the aucttion is gone and it becomes a standard commercial sale with the full rights of rejection under distance selling, but if it wasn't and a bid was placed then there's no DSR to fall back on.

 

It would require a Moneyclaim action to seek recompense if they didn;t agree, and there is no guarantee of success.

[Darwin]

What you have outlined may be fine for standard mail order, but bigegg has nailed it on practical terms. The goos were advertised on an auction site, the issues over whether the unit was provided with an HD or not should have been established before the placing of a bid. I am assuming this was a standard auction and not a BIN...? If the latter, then the pretence of the aucttion is gone and it becomes a standard commercial sale with the full rights of rejection under distance selling, but if it wasn't and a bid was placed then there's no DSR to fall back on.

 

It would require a Moneyclaim action to seek recompense if they didn;t agree, and there is no guarantee of success.

 

 

Just complain to ebay and say goods not as described.

 

all I was pointing out was , he couldnt rely on being able to use the distance selling act to get his money back.

[legalpickle]

Was the payment through Paypal or via Debit Card direct to the seller?

[BillyS]

What you have outlined may be fine for standard mail order, but bigegg has nailed it on practical terms. The goos were advertised on an auction site, the issues over whether the unit was provided with an HD or not should have been established before the placing of a bid. I am assuming this was a standard auction and not a BIN...? If the latter, then the pretence of the aucttion is gone and it becomes a standard commercial sale with the full rights of rejection under distance selling, but if it wasn't and a bid was placed then there's no DSR to fall back on.

 

It would require a Moneyclaim action to seek recompense if they didn;t agree, and there is no guarantee of success.

 

 

Why would that make any difference in relation to the DSR. As you rightly point out ebay may be under the banner of an 'auction' site but as i understood it neither Trading Standard nor the DTI recognise the site as genuine auctions for the purposes of protections and are treated as any other normal sale.

[bigegg]

Regulation 11 of the DSR

http://www.legislation.gov.uk/uksi/2000/2334/regulation/11/made

 

says 3 months plus 7 days if the seller doesn't say otherwise.

 

Which is a bit academic, since this thread is 3 years old...

[BillyS]

Regulation 11 of the DSR

http://www.legislation.gov.uk/uksi/2000/2334/regulation/11/made

 

says 3 months plus 7 days if the seller doesn't say otherwise.

 

Which is a bit academic, since this thread is 3 years old...

 

 

Oops, ah yes, i was reading a few on Brighthouse and then eBay searching for advice, after 4-5 threads i didnt even notice the date !