Someone's just ripped me off on Ebay...can you help?

Salad_2

Yes, I've left a negative. I suppose that's all I can do.

I'm interested in the small claims thing. Even if I don't win it might be worth it. I don't have his name though, only the address. Is it possible to obtain the name from ebay?

vultura

Yes, you can get details for members of eBay. If they aren't correct then you could report them for that.

http://cgi1.ebay.co.uk/aw-cgi/eBayISAPI.dll?UserInformationRequest

mike230652

Having taken several individuals/companies through the Small Claims Court ......I doubt you'd get too far with this. He gave no guarantee and he's phrased his response to you exceptionally cleverly...I'm not saying he's honest or that I disbelieve you...but a Small Claims is very objective and I think you'd lose.

Having said that...you say the one of the knobs doesn't work well...is it possible to get it repaired at a reasonable cost??..and get the equipment back in full working order?


mike

HairyHatMan

gizmoleeds wrote:

Just add the court fees to the claim.

Don't think you can calim legal fees from the other party in the small claims court. It's so that things can't get out of hand expense wise. It would make a mockery of the small claims system if someone were to claim £100's in legal fees for a claim of just a few quid.

black-saturn

Have you got the link to the item?

madnis7

Hi,
From my (limited) knwlodge of consumer law, when you are sold an item then it must be "fit for the purpose which it was intended". If his original Description did not list any faults or stated catagorically "sold as seen" then i believe that your best bet is to start off proceeding through E-bays report scheme. they will encourage you to Contact him and give you his details to do so. After a period of tuime they will then know how to proceed.

Other people who might be able to help you are the CITIZENS ADVICE BUREAU.

Here's some helpful articles CITIZENS ADVICE BUREAU

http://www.vnunet.com/personal-computer-world/features/2142528/lay-law

http://www.consumerline.org/search/?cat=General+Advice+on+Goods+and+Services&item=For+Retailers

Hope this helps. But defo start off with E_bay as they will have a copy of the ad. I also advise you to print out copies of he ad and anything related. There's a fair chance he's done this before and will do it again if someone doesnt take him the whole way through the procedure. These people count of the fact that 99% of people will just give in.

If this helps say thanks!

mike230652

You can't claim legal fees in a Small Claims court...cos you have to represent yourself!!...but you can claim expenses for time lost at work, travelling etc..to a reasonable amount!! ...and the costs of taking the action are charged against the loser in the case. This means if you take him/her to court and win...YAY!!.. but if you lose you WILL have to pay his/her reasonable expenses....worth bearing in mind!

Mike

Salad_2

I think I'll just have to cut my losses and try and get it repaired. I don't think ebay will do anything - like people said it comes down to your word against theirs, and I don't really want to pay his court expenses.

Thanks for the info and remember kids...caveat emptorum

masonic

Salad wrote:

I think I'll just have to cut my losses and try and get it repaired. I don't think ebay will do anything - like people said it comes down to your word against theirs, and I don't really want to pay his court expenses.

You can still put in a complaint/claim through the ebay sppp. It's not ideal as there's a £15 fee deducted from any refund, but there's no risk.

Edit: Oops, you can't! Just noticed you paid cash.