ebay court case

[andydd]

Hi all

 

As requested the poc form from county court.

Sorry i have had to insert the picture into a pdf due to the scan size.

Hope you are able to open ok.

 

Thanks for all your replies so far.

 

EEkk !..Is that it ?. Just the one page ?

 

Surely he should of at least mentioned the 'alleged' losses he has encoutered or mention some case law to back up his point.

 

Is he really dumb enough to gamble £60 on this !?

 

Andy

[legalpickle]

Subbing because I want to see the result of this one

 

Mossy

You don't need to write anything to subscribe to a thread. You can go to Thread Tools at the top right of any page of the thread and then select Subscribe, and you can Unsubscribe the same way (or from your User CP).

[noomill060]

classe- you do realise that even though the claim is without merit, you will need to enter a defence, dont you?

 

Otherwise you will lose by default.

 

You cant just ignore this.

[legalpickle]

classe- you do realise that even though the claim is without merit, you will need to enter a defence, dont you?

 

Otherwise you will lose by default.

 

You cant just ignore this.

noomill060,

 

If you read the thread, you will see that the OP did file a defence, there is a hearing. classe hasn't posted the defence up, but has said that one was filed.

[noomill060]

Doh!

 

Im an eejitt!!

 

What am I?

 

An eejitt.

[Britainsworstdriver]

Now I have seen the actual claim, its is flawed. Ebay is NOT an auction as such, contrary to popular belief. Sales are NOT legaly binding, contrary to popular belief and if an item is not as described, you do NOT have to purchase.

 

Make sure you write back to Coco the clown and withdraw your offer of compensation. Unless coco turns up at the court with the shed in question, the judge will not be able to see the condition. I recently agreed to buy a car based on the description and photos. The car was a wreck and I refused to buy. The seller threatened me with court, so I billed him for my petrrol and time. He went quiet.

 

This moron needs to get out more. He is basing his claim on the basis that he offered you a shed at a certain price and you accepted to pay that price. However, payment is always subject to goods being as described. They weren't so no payment.

 

It willl be thrown out.

[Mossycat]

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Thanks

 

I never knew that feature existed

 

Mossy

[Bookworm]

FAO Mossy: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html ;-)

 

Got to agree with peeps, can't see claimant getting very far on this one. Would love to see what defence has been entered though. ;-)

[classe]

hi all,i will try to give a brief outline of my defence submitted to the court on my response pack.i claimed breach of contract due to description misrepresentation [as suggested by a legal helpline] claiming the advert was misleading as fixtures and fittings were missing ie cupboards and other furniture items including kitchen items [this is a folding caravan]. also that it was in poor condition and had more damage than shown in the pictures or that was mentioned in the advert, also that it was possibly unroadworthy.

i have since sent to the court my defence pack containing a statement of what happened on the day, a receipt from a campsite for the night of collection [proves intent to buy], a manufacturers inventory of what should have been in the caravan, a copy of the advert my seller answered on ebay as he only bought it himself 1 month previous to selling it again, this advert shows he was told the items were missing, i also have an email from ebay to a third party about my case, this says they think the seller should not have taken such strong action but used their resolution process.

i have an email from ebay saying they do not class themselves as a traditional auction house only a meeting place for buyers and sellers.

his disclosure to me is only that i did not contact him for any info, that i sent him a message on ebay saying i would buy it, left a message on his answer phone to the same effect, and that since i said to him in the heat of the moment i would not pay for it even if he took me to court he decided to do just that.

oh also giving his good rating as a member of ebay.

Edited January 13, 2010 by classe
punctuation

[legalpickle]

classe,

 

PLEASE can you type in paragraphs so that we can understand what you've written?

[Surfer01]

You may want to read through this as it is similar to your predicament. Also click on the link in the first post. See Yes - won court case for dodgy caravan - UKCampsite Forum Messages

[classe]

Thanks for the info. Have looked at this link,

Will post outcome tomorrow

[legalpickle]

Thanks for the info. Have looked at this link,

Will post outcome tomorrow

Good Luck!

[Nagasis]

What are the odd's that the claimant didn't show?

 

I've been checking this thread all day. I can't wait to find out what happened.

[classe]

Hi all l am back and i LOST!!!!!!!!!

The judge was very sympathetic to my case but in his summing up he said l had not presented enough proof for misrepresentation.

The outcome was purely decided on offer and acceptance.I tried to claim a vexatious case but to no avail.

The decision was i must buy the caravan giving the seller his full asking price plus his court costs.

To say l am sick is an understatement.

I will now be resigning from ebay although not directly there fault they could have offered more support.

Thanks for all your input and advice.

Great British justice strikes again

[kiptower]

this judge is a joke , appeal is next route I have asked site team to have a look, and a few of the legal bods wil be here to help you

[Surfer01]

I am sure that you can appeal. I think the same thing happened to the person to whom my earleir links refer. He won on appeal. As eBay is not a proper auction house I do not understand how the judge could force you to buy the caravan especially as it should be on the same basis as buying from an advert in a local newspaper.

[MARTIN3030]

Very suprising result classe.

Its been reported to site team for thoughts-I have no doubt Paul will want to say something.

[mightymouse_69]

What evidence did you give showing the caravan was not as described?

 

Appeals on the small claims track are only allowed if there was a fault in the law or serious irregularity in the proceedings.

 

 

Usually you would ask for permission to appeal at the hearing... which i don't think you have?

 

If you did not, there is a form to fill out to request permission to appeal. I would recommend you seek legal advice from someone before going ahead with this step however.

[MARTIN3030]

I see the discussion is here;

 

eBay Forums: court case ...

[Its WAR]

Its a tough decison but you just had to fight. Not all is lost though. A nice sunny day, spruce it up and relist it in the Spring. You should get close to breaking even. So dont go dumping ebay yet.

[Kraken1]

Not sure you have legs here. There was an offer, and acceptance, so there was a contract. I am surprised that the Dj ordered specific performance, I would have thought that the losses should have been the difference in the selling cost you agreed and the cost he actually managed to sell it for, or in the absence of a sale the next bid. It does seem that there has been a failure to mitigate his losses.

 

You have argued that there was a breach of contract on the grounds of misrep, the burden of proof is on you. The judge has held that there was no misrep. That seems to be why you lost. It also seems that you might have actually admitted that there was a contract at some point.

 

I think I'd echo War's advice above. Tart it up, wait for a sunny day (and better economic climate) and relist.

[MARTIN3030]

Or maybe wait until after the elections....there will be a few Labour MPs looking for new offices.

[mightymouse_69]

I would also suggest War's advice. I can't imagine an appeal being allowed.

 

Im not too surprised by the order for specific performance.

[classe]

Hi ,having now slept on this i suppose, i did not provide enough hard evidence to support my case, i provided loads of reasons why i should not have to buy the caravan but i did not have the opportunity to take pictures to show the condition of it.

I argued the seller did not follow court procedure and brought a vexatious case but the judgement went purely on offer and acceptance.

I can`t help feeling i did not do enough or that the judge did not know enough about ebays auction status, but i have to live with the decision and get on with my life.

Thanks for all your support you have been a great help.

All the very best to you all for 2010.