Jump to content
  • Tweets

  • Posts

    • Agree completely.  What is disturbing is that VCS actually went for an appeal, the motorists were too lazy to turn up so Simon now has an appeal level verdict in his favour.
    • There were a number of matters that concern me in Judge Saffman's verdict. The first is  that you cannot form a contract with a forbidding  rule. This was not the case in PE v Beavis as it was within the bounds of a carpark where motorists were allowed to park their cars.  Also if a motorist who does stop when apparently they shouldn't is therefore a trespasser and as such VCS cannot sue for trespass only the landowner can do that. Secondly and the Judges in the Beavis case alluded to the fact that while the amount charged -£85- was not a penalty, that had he offence been one of secondary importance then the charge would have been a penalty.To pull off the road for 30 seconds would in most people's view be of secondary importance and therefore a penalty. It is interesting to note that the new Appeals charter for motorists will include mitigating reasons and a tiered system to differentiate between major and minor offences.  On top of that what does a driver do if a pedestrian walks out on to the road. At the moment it looks as if the driver has to run them over since to stop would bring on a fine. That would be ridiculous. And what about a tyre burst or a collision between two vehicles? The Law for the latter  is that you have to stop and exchange details. And there are several other reasons why a motorist may have to stop and none of them would be mitigating. And for every case where a "no stopping" rule has been upheld by a Judge, there have been about  five where the decision has gone the other way.   The Judge paid too much attention to the Beavis case and took its arguments into consideration to justify his reasons when the Beavis case had little similarity to the no stopping case which was confirmed by the District Judge who staed that the two cases "were substantially different on the facts".  
    • Ok I sent off my letter to Gladstone and MB, now the waiting game. I showed MSE and National Consumer Service my letter before claim response and the majority people were not impressed with my letter.   But after reading this quote on CAG, it feels like the next best approach regardless: ''No, it is not a joke reply. The more you show these con artists respect the more they will try to fleece you. Don't fill in their Section D. Treat them with contempt. They're not the police or the council, they have no right to this money and they know it.''   I still feel I've made the right decision but I feel doubtful at times with the wide amount of different opinions people have approaching this situation on the MSE and National Consumer Service forums.   (When I put in p.e.p.i.p.o.o it auto corrects to National Consumer Service)  
    • Exactly which is the core issue for the dispute they have estimated an annual usage in excess of 100,000 kWh of gas. Not only estimate it but they have attempted to bill for it as well.   This is again why I move to make a case for fraud. Their action is so egriegous it must be known to be dishonest and potentially a deliberate move to prevent switching supplier.   Therefore any corrective action does not hinge on my input, notwithstanding it is not required in their terms and conditions.
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Problem on ebay


Please note that this topic has not had any new posts for the last 2614 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

The problem hasn't fully happened yet but it's on the verge of it and I could end up £500 out of pocket.

 

I'll try and be brief.

 

At the start of this month I bought an electronic item off a website (Music studio keyboard). The RRP was £520 but I got it for just under £500 as the box was a bit crumpled from warehouse storage (The item inside however was brand new and completely sealed).

 

When it arrived I took it out of it's box and realised it's a bit too big to fit where I wanted it.

 

I knew I wouldnt be able to get a refund as it's not faulty so I decided to take it on the chin and sell it on ebay at a slight loss but a lesson learnt to completely measure up before buying anything in the future.

 

I gave it a 5 minute test and everything worked perfectly (as expected for a brand new item).

 

I listed it as new>other and explained what I paid for the item and reason's for selling. I offered no return's policy as these specific items are known for working for many years without a problem.

 

I received an offer on it for nearly £400 and as it didnt look like it would sell I accepted the offer (at a £100 loss). They paid and I sent the item in the same packaging it came in (boxed with 3 layers of bubble wrap and 2 layers of cling fillm so it wouldnt get damaged in the post).

 

I spent the money on some other things and today they have been in touch saying that the item's sound bank's and demo's work but none of the key's work.

 

I'm pretty certain that it's something they have done wrong and not linked it to their computer correctly or has not configured it correctly. Otherwise they have plugged something in wrong and broke it.

 

They said they were getting a friend to test it who knows a lot about them and I should hear back from them shortly.

 

 

 

Here's the predicament.

 

If they do get in touch with ebay, ebay will always favour the buyer. Had a similar situation before with an item where they favoured the buyer (faulty good's), I was forced to accept it back and they took the money for the refund right out of my bank. Even though a few days later I relisted the exact same auction, it sold and the new buyer was more than happy with it.

 

I don't know what to do because if I am forced to accept it back, I will be out of pocket massively. If they have indeed broken it, im going to be £500 down, if they just didnt use it correctly, chances are they wouldnt of packaged it back up in the same way they received it and I will have to sell it as "used" and have a total £250 loss :(

Link to post
Share on other sites

Thanks for the reply,

 

It's the Roland Juno Di. The slogan on the box is something like "made to travel" because these are very well built and designed for both studio use and heavy gigging on the road, so I just cant see there being any fault with the keyboard as it would of only been plugged in twice (Once at mine and once at the person who bought it's house)

 

I Googled for possible problems and fault's and theres only been a handful of problem's with these, nothing on manufacturing fault's. Most were to do with the person not using the right software configuration or not having it plugged in right and there was just 1 person who reported a fault with the key's (a few key's stopped working), but that was after 3 years of heavy, near daily use and taking it out on the road to use at gig's.

 

It did seem vague, all they said was they can record the demo tracks the synth play's into their music production software, but when they press the key's, nothing happens.

Link to post
Share on other sites

Surely... If you only bought it yourself recently it will still be under manufacturers warranty?

 

If any more comes of this, work with the purchaser to get the problem rectified at the manufacturers expense.

 

Has the buyer opened a dispute or is it just via messaging at the moment? What has the buyer advised?

It never rains but it pours...

Link to post
Share on other sites

Thanks,

 

I'm not too sure with the warranty on it but it's highly likely it would cost me to have it repaired. As it was a sold as seen item by the retailer, I have no idea if the manufacturer would repair it out of their own pocket. Plus if they did, the ebay buyer could say it isn't fit for purpose or cant be "new>other" if it's in need of repairs barely a few days after receiving it.

 

Just messaging at the moment, they said they are getting their friends who know a lot about them to test it in their studio setup's and they will be in touch soon.

 

 

This Keyboard/Synthesiser's was made by 1 of the most renown names in the music industry. Their equipment is manufactured to the highest premium standards, multi million pound recording studio's use "Roland" equipment.

 

Im still 99.9% certain that it's down to the buyer's fault. If they have done something to stop it working (Plugged wrong cable into wrong socket, or damaged it in another way), it wouldnt come under a manufacturer's warranty.

 

If what I think has happened and they havent connected it properly or put in the right settings, it will be a waste of my cash paying the manufacturer to repair something that doesnt need fixing, and if a dispute opened and I was forced to accept the return, I will lose out on more cash when I re-list it as "used"

Link to post
Share on other sites

It did seem vague, all they said was they can record the demo tracks the synth play's into their music production software, but when they press the key's, nothing happens.

 

Depends on there software and how the Midi is setup I think this maybe there problem !

Link to post
Share on other sites

Yea I agree with you.

 

Usually with hardware faults either it works 100% (not just the demo tracks) or the whole thing doesnt work. or as a sign of excessive use over many years, 1 or 2 keys may stop working and could need re-soldering on their boards.

 

 

Feels really frustrating just sitting and waiting because at any point the buyer could just open an ebay dispute to leave me out of pocket... We will see

Link to post
Share on other sites

the manu warranty will not be tranfereable sadly.

 

however.

with 'co-operation' from the buyer

 

you could well get this sorted under SOGA

i'e 'you' are reporing it faulty to where you purchased it undersoga

 

don't also forget if you paid for the item by card

you cold envoke section 75.

 

however as said you need the current owner to 'co-operate' with this scheme.

 

also

 

have you thought about connecting to him

via say teamviewer

and making sure it IS installed properly.

 

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... 

 

 

Link to post
Share on other sites

Thanks dx100.

 

The problem is its highly unlikely that it is a faulty item and at current I just have their word to go on,

which I'm inclined to not believe (A new mid/top of the range bit of professional studio equipment is unlikely to go from working perfectly to partly not working during delivery).

 

If SOGA was applied and they did co-operate and send it back to the retailer, the retailer would probably do extended diagnostics

and more likely than not will find it fully working and so wouldnt have to issue any refund?

 

Then it just comes back to the ebay seller, they cant get the settings working so in their eyes its faulty.

 

I wont budge and issue a refund for a working item so they will open an ebay dispute.

 

Ebay don't check the item, all they see is the buyer want's a refund,

I wont give them 1 and so they will just give the buyer my address to send the item back to and take the money for a refund direct from my bank.

 

A similar thing happened before with another buyer a few years back... I actually remember it now.

 

I sold a boxed "Mega Drive" games console on ebay.

 

It was about 16 years old.

 

The buyer claimed it stunk of tobacco smoke (It couldnt of since it was in a smoke free home and had been in storage for years).

 

They opened a dispute and ebay didnt take anything I said into consideration.

 

The cardboard box could of gained natural dusty odour because of how old it was.

 

Ebay favoured the buyer, gave them my address to send it back to and took the refund money direct from my bank .

 

I lost out on £10 I paid for postage and it wasnt returned in the best of conditions (ripped box, scratch down the side of games console).

 

Due to the extra damage, it re-sold for less than it originally sold for but the new buyer was really happy with it and when asked they said it doesn't smell of smoke.

 

 

Ebay suck

Link to post
Share on other sites

ask the buyer to co-operate with you

in letting YOU connect to their PC and CHECK the setup via teamviewer

 

that way this will go in your favour with ebay

 

I've done this myself twice now

 

on teamviewer you can record what you do

 

I showed the two recordings to ebay

 

and each time they agreed with me it was their end not anything to do with the item

 

do you think the buyer 'wants' the item to work

or

are just playing 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... 

 

 

Link to post
Share on other sites

Thanks, will suggest that to them, hopefully they do that.

 

I really think they want it to work, they seemed really keen and happy to have it when they said it had arrived.

 

If it isnt down to the way they have it installed then it could well be that they received it, realised it's harder than what they thought to get used to and so don't want it

Link to post
Share on other sites

Hello

 

Just thought i would say,

I had a similar issue myself, but regarding a dishonest buyer.

Like myself you refuse to refund them when you know everything is ok, dont. In the end i cancelled my card and revoked any automatic payments set up with paypal and they couldnt get a penny as i wasnt prepared to let them get away with it, the only down side is my ebay account is suspended.

 

Not really that concerned to be honest but ebay do let people get away with robery and promote it as far as i can see, they took nothing i said into consideration and sided with the buyer within 24 hours even though they told me it was a 72 hour process. They always side with the buyer and their "buyer protection policy" is deeply flawed and should be renamed, "Lie and we refund you policy"

 

of corse its up to you how you deal with this, if it was me id refuse a refund and deny ebay a reinbursment, unless of corse there is a genuine problem, but even if they request the item be sent back to you first once they have a tracking number they refund it anyway regardless of if youve got it and its actually the item you sold.

 

good luck

Link to post
Share on other sites

Thanks,

 

Cant say im surprised with ebay being like that. It's highly unfair since ebay's profit comes from us seller's, so why should we have a 2nd class service.

 

Ebay really need a kick up the backside or something.

 

I'm still waiting to hear back from the person. They have had it a week or so and havent heard off them for a few days.

 

I might do what you did. I'd rather have my account suspended than pay money back I simply don't have, especially with a potential loss of £500 on the line (if the customer has broke it)

Link to post
Share on other sites

Ebay thinks they are a law unto themselves.

I think it would be a good idea to do what i done especailly as its £500 thats a lot if money. Ebay reward fraudsters and shouldnt be able to get away with it!

 

All the best

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...