Some quick advice needed...

GKWelding

Hi to everyone and thanks in advance for those who reply. I just need some quick advice really as to whether I'd have a leg to stand on in the small claims court.

Basically what happened was this...

I bought a bike off a guy on eBay, the guy sold it from a commercial premises that he worked at (didn't own and wasn't a manager etc...). He sold the item as new. However, when I got it home and had used the item for about a week or two it became very evident it wasn't new, rusted parts etc...

I ended up making a claim via PayPal as the seller refused a refund and PayPal awarded the claim to me. However, I had to post the bike back to get my money back. Which I couldn't do as it would have cost £60 to send the bike back (the item was collection only from the seller and the seller is not under any duty in these circumstances to refund the postage), plus I would have had to dismantle it. The seller refused to acknowledge PayPal’s decision and said he would refuse to mark the item as received meaning I would have no item and no money. As such the time frame PayPal set expired and they then reversed their decision in the sellers favour and washed their hands of it.

Now it's been left to me to take him to court and I was wondering whether people think I'd actually stand a chance of winning or not with it being an eBay sale. I know there's always a chance of losing in court and that's not what I'm asking, I'm asking if I should even bother or is it just going to be rejected immediately?

Once again, thanks in advance for all your advice.

pinkshoes

Read the caravan thread on the ebay board! This will take you through the ebay small claims court experience!!

Why did you leave it so long and let the paypal dispute expire? Did you realise you could have just opened an "item not received" dispute, and as you collected it, he would have had no tracking!?

The small claims court will only cost you £30 initially, so given you would have lost £60 sending it back, it's only half the amount to lose.

GKWelding

Seller was ignoring my calls and emails and paypal weren't interested that he wasn't going to play ball, they have their set rules then after that they can wash their hands of it, less hassle for them. Will check out the thread now, cheers.

And to be honest, yes I could have filed a dispute saying the item had not been received but then again I'm not a dishonest person so I decided to go it the legit route.

artbaron

If I was adjudicating I'd ask why it took several weeks to notice that there were rusted parts on the bike. Surely this would have been obvious when you bought it?

GKWelding

due to the location and size of the parts it was not evident, there was also paint work damage on the underside of the bike where it was not visible. the damage and rusted components were onyl noticed when the bike fell to pieces whilst I was riding it for the 3rd time.