ebay court case

[classe]

All threads seem to be the buyer taking the seller to court,What about the seller taking the buyer to court!.

I agreed to a second chance offer on a buy it now option,for a caravan,we agreed payment on collection but when i went to collect it, it was in my opinion not as described and not worth the money so i refused to pay for it.

The seller is now trying to force me to buy it and I am in court on the 15th January. Is this right? What can I do?

[classe]

A seller has taken me to court to force to buy a caravan which in my opinion was not as advertised and not worth the money,l refused to pay for it on collection.I pressed the buy it now button on a second chance offer,my court case is 15th January,is this right? what can l do?

[andydd]

A seller has taken me to court to force to buy a caravan which in my opinion was not as advertised and not worth the money,l refused to pay for it on collection.I pressed the buy it now button on a second chance offer,my court case is 15th January,is this right? what can l do?

 

Have you trawled through the Ebay T & C's ? No doubt they explain everything in detail.

 

I know that when you click to buy something off Ebay you are warned that you are about to enter a binding contract, however you can reverse this later under the 'goods not as described' clause, this applies to simple mail order items, but no doubt would apply to high cost items such as cars and caravans even more so.

 

What exactly do you think was incorrect about the original advert ? If its quite clear that the original advert was wrong or misleading then you should win the court case easily, even if not, then I think that the seller can't force you to actually buy the item but me be able to try to claim some losses due to your failure to complete your side of the contract, although I'm unsure as to what they may be.

 

Andy

[hightail]

What exactly is the seller claiming? They still have the goods and could list again if they chose. I think they can do so for free if the item does not sell. Maybe they don't realise there is a procedure for reclaiming the ebay fees when something remains unsold. They are on an even stickier wicket if it was a second chance offer. It's a mystery why they have chosen to make this claim against you but not the original buyer who also presumably decided not to go ahead with the purchase.

Edited January 9, 2010 by hightail
typo

[spitfire650]

You might want to check the Distance Regulations as if they apply - full name is The Consumer Protection (Distance Selling) Regulations 200.

[hightail]

I don't think DSRs apply when it is a payment on collection sale because the buyer can examine the goods before handing over any money. In this case the buyer had the chance to examine the goods, did so and chose not to buy.

[IdaInFife]

if this is for real there is no chance

 

as hightail has said - cash on collection - you do not have to buy when you have examined it

 

can you post up the poc's?

[mightymouse_69]

This sections of Ebays T&Cs deals with unpaid items Unpaid Item Policy

 

The sellor may open a case against you with ebay, and if you still dont pay then he can relist his item and if it sells, he may get his fee back from ebay.

 

The sellor does seem to have bypassed this though. What exactly is he claiming for?

 

As for remedies for breach of contract - they range from a variety of damages (costs incurred in expectation of the contract being fulfilled or even costs incurred in reliance the contract would be fulfilled).

 

Courts can force the contract to be completed - only usually where a monetry reward would not help.

[andydd]

It sounds like his Caravan is a heap of crap and he's desperate to try to force someone to buy it !

 

Andy

[saintly_1]

2 threads merged

[kiptower]

classe, post up the court paper you received and remove personal details first

 

which court has it come from and does it have a court stamp

 

you need to file a defance in a short time , most important

[classe]

Thanks for all replies. He is claiming for the full cost of the caravan and his court costs. His original auction ended because it did not reach its reserve so i as the highest bidder was offered it as a second chance offer. He knows full well he could have re listed it l even offered him his costs, i have offered him £100 compensation but to no avail. I have asked Ebay to intervene but they don't want to know This is a genuine case i am in Dartford county court on 15th 10 am.

[andydd]

Thanks for all replies. He is claiming for the full cost of the caravan and his court costs. His original auction ended because it did not reach its reserve so i as the highest bidder was offered it as a second chance offer. He knows full well he could have re listed it l even offered him his costs, i have offered him £100 compensation but to no avail. I have asked Ebay to intervene but they don't want to know This is a genuine case i am in Dartford county court on 15th 10 am.

 

As suggested you need to post up your POC with details removed then people can give particular help.

 

Andy

[Surfer01]

I suggest that you go onto a caravan forum also and try and find out what the caravan would cost you in good condition. If it had any form of damp it would definitely be a big no no!

 

Touring and Tenting (Powered by Invision Power Board)

 

UKCampsite.co.uk Camping Forums and Caravanning Forums

 

Generally you will get some helpful information on these forums once you have explained your situation. They cost nothing to join and you may actually find the caravan of your dreams.

[hightail]

He is claiming for the full cost of the caravan

 

He hasn't any loss as he still has the caravan. It doesn't matter even if it's in perfect condition. You kept your money in your pocket and he kept his caravan.

 

The message that comes up on ebay saying you are about to enter into a binding contract is misleading. Every time you buy anything you enter into a contractual agreement but it is not 'binding' until all elements are complete. If you go into a shop to buy something you are making an offer for the goods. The shopkeeper accepts that offer (usually because they decided the price in the first place) and rings it through the till. Unless and until you hand over the money there is no contract.

[Surfer01]

IMHO the seller is chancing his arm hoping that you will cough up as I bet any money that he has no wish to go to court as more than likely it wil be thrown out.

[buzby]

The trouble here is whether this was a genuine auction or an offer to buy (binding) and whilst it may be reasonable to say cash on collection, I have used this on many occassions (to protect myself), I have never been in the situation where the goodswere substantially not as described, and I've been able to negotiate mt price based on the shortcomings I identified.

 

To besuccessful, you will have to explain clearly to the court the reasons why you did not wish to complete thesale. You can rely on 'not as described', but you will need to be able to substantiate where the shortcomings lie. DO remember that if the buyer does not turn up to pursue, ASK the court for your (capped) exoenses for preparing your defence for an issue that should never have been brought to court in the first place. eBay was the forum for sale, and you were bound by it's T&C. Check these 1and take anything with you that supports your contentions.

 

Nominally, you would be required to provide a copy of anything you plan to rely upon, and it is kinda late to do this - but with an understanding judge, you may be OK.

[pt2537]

Not a prayer of winning this one ( the seller that is)

 

Id be interested to see the particulars of claim on this one. As i need to know what remedy hes claiming and how well hes pleaded this

 

 

Plus the only losses he appears to have sustained would be the listing fee on Ebay, so that is or at least appears prima facie to be the only losses or damages which could be recovered

 

you may be able to rely upon Misrepresentation which could give you a remedy of having the contract voided or rescinded.

Edited January 10, 2010 by pt2537

[hightail]

“Above all,

trust your instincts

– if you have a gut feeling that the car isn’t quite right, walk away”

 

Taken from the expert tips section of ebay's own 'easy peasy guide' to buying vehicles.

[classe]

Hi this is a great response to my predicament, i will try and post the poc tomorrow,but as i am new to this site i am not sure how to do it

Does poc mean particulars of claim. I have filed a defence concerning the overall condition and (cupboards ect missing) as this is a folding caravan described as ready to go on holiday.We have been waiting six months for a court date which we now know is Friday 15th Jan.Any more advice would be appreciated.

[hightail]

Yes, it is the Particulars of Claim people need to see.

 

By the way, there is a set listing fee of £8 for selling vehicles on ebay and caravans are in the vehicles category. That's about as much as he can claim he's lost. He would have paid an extra amount to set a reserve but I don't see how he can claim this as he was happy to sell below his reserve.

[Britainsworstdriver]

I haven't read all of this therad, so if someone has covered this I apologise.

 

Ebay policy is NOT law. It is simply policy.

 

If you buy anything based on a description, then on delivery or collection you discover that it is not as described then you can resind the sale. Simple as.

 

This seller taking you to court means nothing. He will lose. I can take Gordon Brown to court or my next door neigbour or even YOU! Taking them to court means nothing. Winning is what counts.

 

I hope you filed for your costs of travelling to see the shed in your reply?

[Britainsworstdriver]

Having read the reply before mine, the seller simply compleats a 'cancel transaction' form. The buyer agrees and the transaction is cancelled. Ebay then refund any final listing fees immediately to the seller. He then has the option to relist free as well, so has financially lost nothing at all. If he then sells for a higher price, is he going to send you the profits? I don't think so some how.

 

Sounds like the sort of twot I am dealing with x3 on ebay at the moment. I cannot wait to get it finished so I can close my ebay and paypal accounts for good.

 

Bring back Exchange & Mart.

[buzby]

What muddies the water is that eBay is only advertising the item - any dispute that it is not as described requires an arbiter, and eBay won;t do this for vehicles. The arbiter (in this case) will be the court, who will decide whether on the basis of the evidence provided whether the stratements made by the seller were legitimate and not misleading.

 

The 'loss' element I believe to be a seperate issue - but this is NOT an Auction, so the rules for these would not apply.

[hightail]

It's just like any other private advertisement. You see something for sale in the local paper and go to view. If you don't want to buy you walk away - makes no difference if it was described accurately or not.