sales of goods act.

thebiglebowski_2

Hi all,

Does anyone know if I can start court action against a seller under the sales of goods act without having the sellers address? I bought a camcorder which only lasted 7 weeks before breaking, and I have been told by trading standards that I should be able to hold the seller responsible for either a refund or replacement.
That's all well and good, but they guy refuses point blank to supply an address to which I can explain the situation and try and resolve it. His phone number on ebay is invalid, and his stock response is basically 'tough, you bought it, its not my problem'
I've spoken to paypal. but its outside the 45 day dispute period. Any suggestions? I'm at the point of thinking 'i'm screwed', but i really dont want this guy to get away with this.
£200+ for a camcorder that lasted less than 2 months is no laughing matter.

Cheers all.

cyril82

Two very important questions before you proceed, was he a business seller or private seller and did you buy by auction or buy it now?

JasX

I thought SoG didn't apply to Auction formats? first thing to check is if it applies depending on the specific sale format of how you bought it

soolin

I can't see how you can proceed without an address, how will you know where to serve papers?

Going_Digital

Seems eBay is the place to get conned, and eBay couldn't give a monkeys.

You might find the manufacturer is willing to repair it for you if it is new, they can often tell if it has any warranty left from the serial number. If it wasn't sold as new then you don't have anything to stand on as second hand private sales have no protection.

BargainGalore

Ebay state

http://pages.ebay.co.uk/consumer-rights/consumer-rights.html


WHAT IF THE GOODS OR SERVICES YOU RECEIVE ARE NOT UP TO SCRATCH?
Sale of Goods Legislation
The most important piece of legislation relating to the sale of goods through eBay.co.uk is the Sale of Goods Act 1979 (as amended). The Act provides that wherever goods are bought they must “conform to contract”. This means that items sold through eBay by business sellers must be:

• of "satisfactory quality";
• "as described"; and
• "fit for purpose".

Therefore goods sold by business sellers must not be inherently faulty at the time of sale, must match any description given to them and, allowing for factors like price, they must be fit for their purpose, defect free, safe and durable. Where the seller is a private individual, the goods must be “as described”. The goods are not legally required to be of “satisfactory quality” or “fit for purpose”.
The Sale of Goods Act applies to both new and used items. It's worth bearing in mind that second-hand goods are likely to be judged less rigorously new goods. For example, it's not reasonable to expect that used goods will be of the same quality as new goods. In any event, sellers of second hand goods remain under an obligation to ensure that the goods are as described.
When a business seller is selling an item to a consumer, any loss and damage to the goods that occur in transit are at the seller’s risk. Therefore, in these cases, a buyer should not have to pay for postal insurance.
For information on Sale of Goods legislation, we recommend that you read the brief description and facts sheet produced by BERR:

cyberbob

Going_Digital wrote: »

Seems eBay is the place to get conned, and eBay couldn't give a monkeys.

Your starting to sound like a broken record.


As for the OP problem. Was it a business seller? If not the SOG act might not apply. If the item was tracked there would have been a return address on the packaging, (I know it was a while ago). Also if he is a business seller his details should be displayed on ebay so you could always report him for that which may make him display it.

I know the transaction was a while ago have you tried requesting the sellers details HERE. I'm not sure if theyll let you on such an old transaction but worth a go. Or you could open another account and buy a low value item off them and then you will be able to get there details by requesting them

savemoney

He/she might be able to sell that on ebay It will have to be a digital record though given there username

cyberbob wrote: »

Your starting to sound like a broken record.

emweaver

sales of goods act doesnt apply to private sellers or second hand goods. ive had this witht rading standards all that applies here is that the goods are the sellers to sell