i bought faulty goods

dazzzyc

i wonder if anyone could help, around xmas time i bought a dvdr from what i thought was a reputable dealer, turns out the dvdr was faulty, so i contacted the guy (turns out he owns a business, garage i think, must be selling on the side) he tells me to return it to him at my own expence, he recieves it and tells me there is nothing wrong with it!! he then tells me to send more money for him to send it back, the dvdr was definetly faulty, i have since found out it is a common fault with them, i dont agree and file a item not recieved claim with paypal, they then find in his favour as i had actually recieved it, of course now he is happy, what can i do?

jamieh_3

I recently sold something on ebay which the buyer says was faulty but as i had photos from every angle and checked before i sent it i know it definately wasnt. It was a hat. Normally i give a refund immediately if someone is unhappy as soon as they have returned and i pay the return P&P back to them. This is because if you operate as a business on ebay - i do and it sounds like this chap does then you come under the Sale of Gods Act 1979 ie goods must be fit for the purpose intended. If you are selling as a private person ie just bits from round your house etc then the Sale of Goods Act doesnt apply. Regardless of whether you trade as a business or privately and the item is purchased on a buy it now option then the Distant Selling Regulation come in effect.

If you contact your local Trading Standards they will be able to help you and will normally contact the buyer. Or if you want to deal withit quickly just threaten him with the tax man! Its amazing how many 'businesses' havent declared their ebay income on theire latest self assesment tax return.

Good Luck witht he chap - its people like him who give us normal nice business on ebay a bad name!

regards Cathx

dazzzyc

thanks for that i did hesitently enqire about him paying tax on his sales, great minds think alike, heard no reply, just getting the silent treatment, i guess my only available option might be to go down the small claims court route, but this again calls for me to fork out more hard earned.......it really does give ebay a bad name people like him, but ebay just dont act, i guess as long as they get their payments they dont care

culpepper

If he runs a garage he's probably bought stuff and used the business to get it less of VAT, then sells it .So avoids paying tax and then doesnt pay tax on the sale either.
My OH was working for a driving instructor who did something similar.

Poppy9

Find out if he is VAT registered. The VAT man is much more vicious that the tax man.

PeteMc

All one and the same from the 1st April.....

Doubly Vicious :eek:

Poppy9

Even so the VAT man is still the one to fear. Much easier for them to find some loophole with VAT as they can't even agree amongst themselves about VATable services/goods