ebay court case

[MARTIN3030]

I think feedback is the last of his worries.

[Its WAR]

Sometimes its the little things that make you smile a bit. Like planting a weed in the middle of his perfect lawn or posting a pair of ladies panties through his front door. Justice doesnt have to be expensive.

[MARTIN3030]

Depends how much the panties cost .....I guess we are not talking George ?

 

Planting a weed in the middle of a perfect lawn is debatable....maybe theres no lawn there after the Caravan was sat there for 8 months ?

[Surfer01]

I hope the OP does appeal and wins with advice given on this forum. the seller obviously and knowingly sold the buyer a pup.

[Kraken1]

I'm not sure an appeal is a good idea. The OP will first need to obtain a copy of the transcript, which doesn't normally cost a great deal, but I'd wager that it will cost more than relisting the thing and re-selling.

 

Also, note the time frame. 14 days I think.

 

then, if he does appeal, he will need to show that the judge erred in law. I have seen no evidence of this so far, only that the defendant did not plead a proper defence. The only argument I can think of is the award itself and perhaps damages were not assessed correctly. that said, the judge is free to order specific performance.

 

I'd approach with caution. It is not impossible, but it would be too rich for me.

[Kraken1]

the seller obviously and knowingly sold the buyer a pup

 

Which is not a problem unless the caravan was described otherwise. An absence of a description will be enough to avoid any 'this was a pup' claims. The seller can always say 'I never said it wasn't and the condition of the caravan was reflected in the selling price. The buyer did not inspect prior to purchasing; caveat emptor applies.'

[Its WAR]

Sometimes you make your own justice. We had a horrid stuffy neighbour who complained when my son went into the street wearing no t shirt. My son would sit on the pavement with a friend or two and just talk. The neighbour thought it lowered the tone of the area. Anyway, he kept telling the friends to go to the park. We however let them kmow they were always welcome. Home is safe. The neighbour came to me and complained that a girl was rubbing my sons back. I remember saying that I would listen to him if my son was having sex outside his house, otherwise not to keep complaing. When the neighbour sold and moved away, my son planted a huge weed into his lawn. It looked fantastic. Of course the police were called and a criminal damage suggestion was made. The young police man couldnt keep a straight face. When he left he whispered 'what a great prank'. My son made his own justice for a neighbour that gave him grief.

 

Its liberating and it doenst have to relate to any value. A simple gentle statement that you decide balances the scales of justice.

Edited January 17, 2010 by Its WAR

[mightymouse_69]

The judge cannot "force" you to buy anything.

 

He can. Its called a decree of specific performance.

 

As others have said, i think the law has been applied properly. There has clearly been offer and acceptance.

 

The only way the OP could have won would be to present evidence of Misrep. This was not done, or at least not to a high enough standard to convice the Judge.

 

I don't think an appeal is even an option here.

[Surfer01]

He can. Its called a decree of specific performance.

 

As others have said, i think the law has been applied properly. There has clearly been offer and acceptance.

 

The only way the OP could have won would be to present evidence of Misrep. This was not done, or at least not to a high enough standard to convice the Judge.

 

I don't think an appeal is even an option here.

I think you are wrong making the assumption that the judge can "force" ylou to make a purchase on a contract. They can however award damages for loss which would be the difference between what was offered and what the seller eventually dold the unit for at a reasonable price.

I agree that maybe not enough evidence was produced to demonstrate misrepresentation, however at the end of the day either way as it was bought of Ebay it cannot be binding as EBay is not a proper auction house from what I am told. Of course we have the magic Distance Selling Regulations and i wonder if they woudl have had any bearing on the case if the goods were misrepresented?

It certainly seems that the seller had been unable to sell the unit due to its poor condition which is why they took a chance on the courts. Incorrect judgement in my opinion and worth an appeal through the small claims court as the OP is an OAP and classed as a vulnerable person.

I wonder if the OP has collected the goods that he has been told he must buy?

[mightymouse_69]

I think you are wrong making the assumption that the judge can "force" ylou to make a purchase on a contract.

 

Not at all, Specific performance is a form of relief whereby the judge orders the parties fulfil their contractural obligations - in this case, make the purchase.

 

There are strict rules around appealing, specially where the claim was heard on the small claims track.

 

As has been said before, only if there has been a error of law or serious procedual error would an appeal be granted. In addition to this, if new evidence comes to light that was unavailable at trial, an appeal may be allowed.

 

If the OP does want to appeal, he must seek proper legal help. He must act fast too.

 

But it will cost him also.

 

I dont think its a viable option.

[andydd]

Just a thought, would ebay/paypal refund policy of 'significantly not as described' be applicable ?

 

Andy

[Kraken1]

it cannot be binding as EBay is not a proper auction house from what I am told. Of course we have the magic Distance Selling Regulations and i wonder if they woudl have had any bearing on the case if the goods were misrepresented?

 

It is nothing to do with auction rules, it is simple contract, offer, acceptance, consideration.

 

It is nothing to do with the DSRs as this was a consumer-consumer contract, not business to consumer.

[classe]

Hi having giving my position lots of thought l can not see the point in trying for an appeal even if there is such a processes, as the outcome could be just the same.So have decided to try and change the payment order to instalments, l have taken the forms today to Dartford county court and offered to pay £5 a month. When my seller turns this down it will be up to the court to decide on the payment amount.

With out going into any personnel finance details my form shows very little left at the end of the month,So l am hoping the court may settle for £10 a month. This will take 8 years to pay off so the seller can keep my caravan until l have paid him.

Will post the outcome when known.

[noomill060]

Its up to the whether the claimant accepts your offer of £10 a month. If not it goes to the judge. The claimant is able to make an application for you to attend court for examination of your finances, bank accounts etc and have the judge ask questions of your means and savings.

[Kraken1]

it might not work as you must have the money to buy the thing in the first place. You might also be cutting of your nose to spite your face. At least if you have the van you can resell and recoup some of your losses.

 

Also, in the other chaps position, I would have the examination, and then perhaps go for a warrant of execution and seek the debt that way. After all, you do own a caravan... you then lose the van for a fraction of its value, and are still left with the rest of the debt.

[JimmySpangle]

Of course, if the caravan was stolen or burned to the gorund by vandals in the meantime, there could be no purchase.

[buzby]

But as the risk is now with the OP (as buyer) he'd better have it insured. There's no liability on the seller, as evidenced by the court decision. Normally, responsibility would remain with the seller until the amount was paid and the goods collected, however it could be argued that there is joint (50/50) or the full responsibility of the buyer.

[JimmySpangle]

The bottom line is that this is what happens when you go to court not knowing what you are doing and ill prepared. It is no good saying to a judge 'but it was damaged'. Prove it!!!!!

 

Best option now is to pay the crook, and then just sell it on taking a loss if need be, but if you wait uintil the sun shines (June 17th I believe this year) people will be more eager to buy it from you.

[My Real Name]

Was the seller registered as a business seller on ebay?

[Its WAR]

Am I right in thinking: 8 years at £10 a month equals a very cheap caravan. The price to me suggests it was an old dog to start with, not a young pup. Lets read the ebay listing and see what the deal was.

 

I still reckon you are better to pay up and resell at aprofit on buy now.