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Non performing seller/ loss of bargain
payless
Posts: 6,957 Forumite
won an item on ebay at 99p ( had set a higher max bid -but was only bidder)
Paid straightaway by paypal to gether with the £15 delivery - its heavy , so surprised courier was not even higher.
Its an ancient piece of IT equipment that would normally fetch £30, but rarely appear and would cost around £100 if I had to source one at short notice- which was was the case here, as I need a replacement ASAP - so hit lucky !!!
Been a week, no delivery, no email from seller.. think he might be thinking .. after fees he's making about 50p, and poss even loss on deleivery , so to back out.
I know getting a refund is easy, but whats the chances of forcing a sale or if needed suing for " loss of bargain".. in the dishwasher / water butt themes that ran on MSE
Paid straightaway by paypal to gether with the £15 delivery - its heavy , so surprised courier was not even higher.
Its an ancient piece of IT equipment that would normally fetch £30, but rarely appear and would cost around £100 if I had to source one at short notice- which was was the case here, as I need a replacement ASAP - so hit lucky !!!
Been a week, no delivery, no email from seller.. think he might be thinking .. after fees he's making about 50p, and poss even loss on deleivery , so to back out.
I know getting a refund is easy, but whats the chances of forcing a sale or if needed suing for " loss of bargain".. in the dishwasher / water butt themes that ran on MSE
Any posts on here are for information and discussion purposes only and shouldn't be seen as (financial) advice.
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Loss of bargain is a bit of an urban myth... But by all
means try to take them to court - but your short notice point will rapidly become moot!My TV is broken!
Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j0 -
I'd say about none to zero!
I know getting a refund is easy, but whats the chances of forcing a sale or if needed suing for " loss of bargain".. in the dishwasher / water butt themes that ran on MSE
Seller can just say it was eaten by his cat or fell of the roof or just lost in transit and that would be the end of that case..0 -
frivolous_fay wrote: »Loss of bargain is a bit of an urban myth...
It most certainly isn't, not too sure why you say that??
Good luck payless, another annoying seller not starting an auction off or setting a price they are willing to accept - unless they do the honourable thing of course and send the winning item.
Lynsey**** Sealed Pot Challenge - Member #96 ****
No. 9 target £600 - :staradmin (x21)No. 6 Total £740.00 - No. 7 £1000.00 - No. 8 £875.00 - No. 9 £700.00 (target met)0 -
There isn't really anything you can do other than get your money back via paypal. Make sure you give them a negative to warn others.0
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It most certainly isn't, not too sure why you say that??
I mean that although the concept exists, as a pretext for legal action, it's flimsy and trivial. I vaguely recollect ONE successful case, ever.My TV is broken!
Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j0 -
i believe that auctions are legally binding. I would write an email and state that non supply within 7 days will result in a claim for "loss of bargain" based on X price found elsewhere. Advise the costs that will be added. If he ignores you, 7 days later file the claim and watch him sweat.0
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TBeckett100 wrote: »i believe that auctions are legally binding. I would write an email and state that non supply within 7 days will result in a claim for "loss of bargain" based on X price found elsewhere. Advise the costs that will be added. If he ignores you, 7 days later file the claim and watch him sweat.
Going through small claims though will cost the OP more money and since as fay says the possibility of a win is remote it seems odd to waste more money on this.
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Yeah true but maybe I am willing to do as a test case , especially given its a Ltd company ( username even includes Ltd ) and a business seller.
Unlike the issues with B&Q and other retailers - and their argument as misprice or only "ordering" to claim loss of bargain is not relevant in my situation.Any posts on here are for information and discussion purposes only and shouldn't be seen as (financial) advice.0 -
frivolous_fay wrote: »I mean that although the concept exists, as a pretext for legal action, it's flimsy and trivial. I vaguely recollect ONE successful case, ever.
Please, please don't doubt it. In the right situation it really does work.
I know of successful cases.
I do understand what you are saying though and there are other ways to sue.
Lynsey**** Sealed Pot Challenge - Member #96 ****
No. 9 target £600 - :staradmin (x21)No. 6 Total £740.00 - No. 7 £1000.00 - No. 8 £875.00 - No. 9 £700.00 (target met)0 -
What sort of total loser would even bother considering legal action?Terms & Conditions Apply0
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