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Im being taken to Small Claims by an Ebay Buyer. HELP!

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So, if I understand some posters, selling three tents at +£100 makes you a trader, but selling 3 C.D's at £1 does not.

 

At what point does the value of the items have to reach before you become a trader ?

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I wasnt aware that an apology was required in the situation where one viewpoint was incorrect?

 

Dont try and take moral high ground after pulling up old posts to mock!


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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At what point does the value of the items have to reach before you become a trader ?

 

The value is immaterial. You could sell an ingerited heirloom at £10,000 and you still wouldn;t be a 'Trader'. The ability to sell something does not make you a trader (and liable under the acts) but your source of income. As mentioned previously, if you are sourcing goods to sell and take a profit from it, IS trading, and the test used by HMR&C. If you are simply disposing of your own property, then you are not.

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At what point does the value of the items have to reach before you become a trader ?

 

---

 

A consumer sale is a sale where the supplier sought to supply in the course of a business, and any undertaking counts as a business in so far as goods or services are supplied otherwise than free of charge, a business such as eBay for instance, especially intended for the purpose of buying and selling.

 

In any case, the legislation applies to the contract, i.e. the terms of sale which eBay determines for the most part by requiring that the members subscribe to the User Agreement, the same for all. If you resort to the eBay or Paypal Resolution Centres to resolve a 'not as described' dispute, all the listings are treated on the same basis, not because the cost of an item exceeded a certain value, so why not expect the same of the law?

 

To the extent that a buyer negotiates the terms of sale discretely with an equal chance to affect the result, that is probably not a consumer sale but this is not what happens on eBay, where a divergence from eBay's prescribed terms is not allowed.

 

:???:

Edited by perplexity
"probably"

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