Jump to content


  • Tweets

  • Posts

    • Primary and secondary teachers are supporting pupils with their own money, buying food and warm clothing. Eight in 10 primary teachers in England spending own money to help pupils | Education | The Guardian WWW.THEGUARDIAN.COM Increasing numbers of children hungry and lack adequate clothing, with two-thirds of secondary teachers also supporting pupils  
    • I googled "prescribed disability" to see where it is defined for the purposes of S.92. I found HMRC's definition, which included deafness. I don't  think anyone is saying deaf people cant drive, though! digging deeper,  Is it that “prescribed disability” (for the purposes of S.88 and S.92) is defined at: The Motor Vehicles (Driving Licences) Regulations 1999 WWW.LEGISLATION.GOV.UK These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996...   ….. and sleep apnoea / increased daytime sleepiness is NOT included there directly as a condition but only becomes prescribed under “liability to sudden attacks of disabling giddiness or fainting” (but falling asleep isn't fainting!), so it isn’t defined there as a “prescribed disability”  Yet, under S.92(2)(b) RTA 1988 “ any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public" So (IMHO) sleep apnea / daytime sleepiness MIGHT be a prescribed disability, but only if it causes likelihood of "driving being a source of danger to the public" : which is where meeting / not meeting the medical standard of fitness to drive comes into play?  
    • You can counter a Judges's question on why you didn't respond by pointing out that any company that charges you with stopping at a zebra crossing is likely to be of a criminal mentality and so unlikely to cancel the PCN plus you didn't want to give away any knowledge you had at that time that could allow them to counteract your claim if it went to Court. There are many ways in which you can see off their stupid claim-you will see them in other threads  where our members have been caught by Met at other airports as well as Bristol.  Time and again they take motorists to Court for "NO Stopping" apparently completely forgetting that the have lost doing that because no stopping is prohibitory and cannot form a contract. Yet they keep on issuing PCNs because so many people just pay up . Crazy . You can see what chuckleheads they are when you read their Claim form which is pursuing you as the driver or the keeper. they don't seem to understand that on airport land because of the Bye laws, the keeper is never liable.   
    • The video-sharing app told the BBC that a "very limited" number of accounts had been compromised.View the full article
    • The King is the second monarch to appear on Bank of England notes which will be fed gradually into the system.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

ebay court case


classe
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5247 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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?

Link to post
Share on other sites

  • Replies 119
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

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?

Link to post
Share on other sites

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

  • Haha 1
Link to post
Share on other sites

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 by hightail
typo
Link to post
Share on other sites

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.

Link to post
Share on other sites

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?

  • Haha 1

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

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.

  • Haha 1
Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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 by pt2537
Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

  • Haha 1
Link to post
Share on other sites

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?

  • Haha 1
Link to post
Share on other sites

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.:D

Link to post
Share on other sites

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.

  • Haha 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...