Ebay seller threatening small claims

pappydeb

Hi, I was recently the winning bid on a motor bike, after arranging with the seller to pay cash on collection i duly set off and travelled 130 miles to collect and pay for said bike. On arrival i was horrified to find the bike was not in as good condition as described, certain areas that should have chrome were painted, and other parts were so eaten through with rust they were irretrievable, it was generally a poor example, and not worth the £1400 of my bid.
I explained to the seller that i really could not go ahead with the transaction and went home, by the time i got back there was a very nasty e-mail threatening me with the small claims court and they were giong to report me to ebay for non payment, which they have done.
Ebay gave me untill the 25th to pay,which i have not done, i haven't heard any more from them, although i have sent them an appeal concerning the report for non payment, and explained my situation in full
Can he take this to small claims court, and what can i do to defend myself..:(

halibut2209

Tell em it wasn't as described. They can't force you to buy it

EDIT: Oh, and counterclaim for your travel costs

Gothicfairy

It might be worth giving ebay a ring rather then just waiting for them to read your reply.

As for small claims, Whilst ebay say that bids are binding (and I think there might have been a case of a seller being made to sell something) I don't think* that anyone can take you to court over not paying for something that was not as discribed.

I would take my chances with court but you could always ring trading standards as they will be able to help you

* I don't know for sure so it is my view and nothing else

benrsmith31077

halibut2209 wrote: »

Tell em it wasn't as described. They can't force you to buy it

EDIT: Oh, and counterclaim for your travel costs

Damn right, and look at possible counter-claim under sale of goods act!

Make sure you check post for any court documents and reply to them swiftly and fully. Your defence is pretty much what you have put here.

Also I would make a formal complaint to ebay, although they are pretty useless to be honest. They seem to be going out of their way to make scammers and scumbags lives easy, but will ban you in a second for something completely understandable and innocuous.

esuhl

benrsmith31077 wrote: »

Damn right, and look at possible counter-claim under sale of goods act!

The Sale of Goods Act doesn't apply to private sales, so it won't apply unless the seller was "selling in the course of a business".

Can you file your own "significantly not as described" complaint via eBay?

I'd also find the original listing on eBay and print out (or save) a copy so you have the original wording describing the condition of the bike, which you'll need to cover your back if it ever does go to court.

shaun_from_Africa

The Sale of Goods Act doesn't apply to private sales, so it won't apply unless the seller was "selling in the course of a business".

Parts of the SOGA do apply to private sales.
The relevant bits are the ones that state that the seller must have the right to sell the goods, and more importantly, they must be as described. (sections 12 & 13 of the act)
This was confirmed to me by Consumer direct in an e-mail.

esuhl

shaun_from_Africa wrote: »

Parts of the SOGA do apply to private sales.
The relevant bits are the ones that state that the seller must have the right to sell the goods, and more importantly, they must be as described. (sections 12 & 13 of the act)

Ah - my mistake! I misread a page on the OFT website - I had another look and it just says that the "quality" and "fitness of purpose" parts of the Act don't apply to private sales. Oops!

Equaliser123

benrsmith31077 wrote: »

Damn right, and look at possible counter-claim under sale of goods act!

And what is the quantum of the counterclaim?

pappydeb

All sounds quite positive, it's realy difficult being in this situation when your just waiting for something to happen!
I cant do anything through ebay untill i am released from the sale, they want me to pay for the bike and then i can open a case against the seller (item not as described) to get a refund!!!! :rotfl:

societys_child

pappydeb wrote: »

, they want me to pay for the bike and then i can open a case against the seller (item not as described) to get a refund!!!! :rotfl:

ebay is becoming one big joke . . pay up and then claim back! yeah right

Oopsadaisy

There was a recent ebay small claims case a while back....but it was different in that the seller refused to seller to the winning bidder.

Winner sued for 'loss of bargain' [diff between ebay price and what they had to pay on h/street]. The buyer won the case.

Don't pay, see them in court [it'll never happen].

BTW ...take a full screen print of the listing, pics etc...just in case [but it's never going to happen].