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ebay buyer threatening court action please help


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hi. i placed an item on ebay for aution sale.. however the buyer was not happy with the item and has persued a small claim against me in court.. he is trying to say that i am a buisness trader on ebay.. i am a refridgeration engineer by trade but i sold a fridge on behalf of my daughter on ebay and the buyer is insisting that i sold this item as a buisness sale. how can i prove that i sold this item as a private seller on behalf of my daughter and not a buisness transaction.. please can somebody help me?

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the fridge was in working condition when the buyer came to collect. i wasnt until 2 months after he took the fridge that he made the complaint and got back intouch with me. the fridge hasnt been returned. after taking the fridge the buyer also had another engineer out to repair the fridge because he said that it had broken down..

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Sorry to be a bit thick, but why does the buyer want to take you to a small claims court two months after they had bought the fridge? Did the ad misrepresent the fridge, i.e. state in excellent working order when it had a latent defect or fault? I am assuming that the fridge was a respected brand and not something like a Proline. I cannot see any grounds for a court action as it was sold as per "buyer beware" unless it was misrepresented in the ad.

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the ad clearly stated that it was a sale on behalf of my daughter. the ad also stated that the appliance was about 14 months old... the buyer is saying that i sold the item as a buisness trader. and that the appliance was older than 14 months.. i did advertise the item as fully working because it was fully working when i had it. the fridge was a samsung american fridge freezer..

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hot air me thinks

 

cant see he can do anything to you

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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on the ebay side

are you a regular seller.

have you sold just one fridge freezer

 

what is making the buyer say your a business

:???: what me. never heard of you never had a debt with you.
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the buyer is insisting that i sold this item as a buisness sale. how can i prove that i sold this item as a private seller on behalf of my daughter and not a buisness transaction.

 

:!:

 

So what? A buyer would not so much as have to insist on any such thing.

 

Section 210 of the Enterprise Act defines a consumer, hence a business, to amend the consumer protection legislation.

 

A business includes—

 

(a) a professional practice;

(b) any other undertaking carried on for gain or reward;

© any undertaking in the course of which goods or services are supplied otherwise than free of charge.

-----

The Sale of Goods Act applies in any case.

 

Any buyer of legitimate goods owns the right to reject what fails to conform to contract, to expect that the goods are fit for purpose and conform to description.

 

The Consumer Protection from Unfair Trading Regulations 2008 would also apply.

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