faulty ebay item

[Deleted User]

Hi

Can anyone advise me please:

I bought an electric blanket on ebay on 1st Sept. I paid by paypal. The seller has a 30 day refund policy if items are returned unopened. The blanket stopped working 10 days ago I contacted the seller (ebay business power-seller) and they agreed to send a replacement which has never arrived. They said they sent it twice, the last being on Weds 27th Oct by royal mail 1st class :mad: which I doubt as I've been at home and nothing has been delivered

Paypal say it's too late to file a dispute as it's 45+ days since the transaction. So I emailed the seller today requesting a refund or replacement. But I'm not feeling too hopeful.

What are my rights in terms of getting a refund or replacement?

thanks in advance

Crowqueen

Firstly, the sellers' terms are illegal (they have to accept any return within a certain period and can't insist on items being returned unopened, as well as being legally responsible for faulty items for a long time after the sale), so you could consider a small claims court case as Paypal will be no help.

Other than that - and leaving appropriate feedback if you are still within the 60-day deadline and haven't done so already - I'm not sure what to suggest. Although the law is clear, enforcing it is left up to you taking legal action to recover your costs. Someone here also points out that this may not get everything back either. On the other hand, someone on the official forums is at pains to stress that cases have been known to force the plaintiff's costs to be paid by the defendant, so it may be worth a go to see what you can salvage. I don't personally know who is right - both people may be - but it's up to you.

[Deleted User]

thanks for the advice. unfortunately it was what I was feared. I'm just a bit peeved to have paid £36.00 which prob isn't worth pursuing in the courts. Too bad I've already left the feedback too. I'll write to them mentioning what you said about their responsibilities and unfair terms re returns and see what comes of it.
Thaks again :0)

cyberbob

Crowqueen wrote: »

. Although the law is clear, enforcing it is left up to you taking legal action to recover your costs. Someone here also points out that this may not get everything back either. On the other hand, someone on the official forums is at pains to stress that cases have been known to force the plaintiff's costs to be paid by the defendant, .

The problem with small claims is that when they rule in your favour that's all well and dandy, but if the losing party refused to pay or does a runner it's up to you to try and collect it. So you may have to pay for the court appointed ballifs etc. So you just have to weigh up the risks of your outlay and the possibility of the seller refusing to pay and the hassle costs trying to claim the money if they rule in your favour.

HMCS wrote:

If I win the case, what happens?
If you win the case, the court may make a judgment in your favour, and order the other party to pay you, make good the damage or work, or provide what they owe you. However, the court will not automatically take steps to make sure that this happens. If the other party does not act on the order, you will need to ask the court to take action and enforce the judgment, for which you will have to pay another fee.

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetLeaflet.do?court_leaflets_id=179

macfly

If you win you get your costs back. That's a given. You could also try the online claims service. Going through Coutby Court, if the case is defended, means it will be heard in the defendants nearest court.

Crowqueen

Thanks for going into more detail, Bob, that was very informative.

Smit1970

You've done your £36. It was an internet auction site.

I recommend John Lewis next time.

You get what you pay for.

Crowqueen

Smit1970 wrote: »

You've done your £36. It was an internet auction site.

I recommend John Lewis next time.

You get what you pay for.

Like it or not, relevant laws still apply to internet auction sites. Sale of Goods Act 1979 would definitely cover it, as would many other laws depending on how it was sold.

They are not located in some far-off mystical land where there is a consumer free-for-all. They are located in Britain, which has proper consumer laws which extend to internet auction sites.

TOP_CAT

I like that reply,facts not waffle.

sassy_one

County Court?

I think not.

If the buyer refuses, just don't buy from then again OP