seller taken to county court - it does happen!

terra_ferma

I came across this thread on the ebay forum, I think people here may be interested. Sounds like a private seller.

http://community.ebay.co.uk/topic/Buyer-Central/Caveat-Emptor-Result/2000031116

soolin

On a brief reading, especially the bit below, I am quite worried. If this is how 'the law' (and I use that term carefully as this was small claims so could technically go further) view purchases from private sellers as being entirely outside the scope of any protection then I am sure many people would ensure that they never again buy from anyone unless they are showing they are a business.

Also, the seller had not packed the item properly, so it was damaged in transit. I was not awarded the cost of repairs because buying from eBay is an 'as is, where is' transaction and no warranty is given.

Strapped

soolin wrote: »

On a brief reading, especially the bit below, I am quite worried. If this is how 'the law' (and I use that term carefully as this was small claims so could technically go further) view purchases from private sellers as being entirely outside the scope of any protection then I am sure many people would ensure that they never again buy from anyone unless they are showing they are a business.

Also, the seller had not packed the item properly, so it was damaged in transit. I was not awarded the cost of repairs because buying from eBay is an 'as is, where is' transaction and no warranty is given.

That's the bit I thought was strange too. SOGA?

Big_Les_Wade

SOGA only relates to an individual buying from a business (even business to business is treated differently also), therefore buying from a private seller would not make reference to SOGA.

Oliver14

terra_ferma wrote: »

I came across this thread on the ebay forum, I think people here may be interested. Sounds like a private seller.

http://community.ebay.co.uk/topic/Buyer-Central/Caveat-Emptor-Result/2000031116

It doesn't mean the poster will get the money awarded even if he has won. Just because the judgement is in their favour does not guarantee the money.

Big_Les_Wade wrote:

SOGA only relates to an individual buying from a business (even business to business is treated differently also), therefore buying from a private seller would not make reference to SOGA.

Not totally correct SOGA can apply to private sales if there has been some misrepresentation of the goods.

pulliptears

I think there is one heck of a lot more to this that the OP over there isn't telling us....wonder if this is the item:

not all items pictured received, seller volatile. Sale cancelled
Seller: Member ID emeraldtorfaen ( Feedback score of 642)
18-Apr-10 20:48

• Reply by emeraldtorfaen (25-May-10 20:41):
  
  Sale not cancelled, check with Ebay. Very rude and threatening.

Seller has just this one neg, hers.

Strapped

Oliver14 wrote: »

Not totally correct SOGA can apply to private sales if there has been some misrepresentation of the goods.

Yes - goods still have to be "as described" from a private seller.

pulliptears

I'd love to hear the seller's side of this, my gut instinct is screaming in the seller's favour but I'd be happy to be proven wrong.

Hammyman

As a seller, this gives me some cheer. I'd refund for damaged in transit though.

soolin

Hammyman wrote: »

As a seller, this gives me some cheer. I'd refund for damaged in transit though.

As a seller it worries me a great deal. If buyers think that buying items unseen on ebay means sellers do not have responsibility to rectify things if item is damaged or not as described then they won't buy, and bang goes my business.

As above though a deeper reading would suggest that there is more to this than meets the eye.

Strapped

I wonder whether the seller explicitly sold on an "as is, where is" basis?

I would like to see the details of this case.