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Should I Sue

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The_Deep
The_Deep Posts: 16,830 Forumite
I am mindful to take an eBay trader to court for a very small amount, (less than £10.00).

I purchased some speakers from him in April which burnt out. He was reluctant to issue a refund so I sent the speakers to my local Trading Standards Department.

They have come back to me to say that they do not comply with UK Safety regs and that he has withdrawn them. They are also considering a general recall.

I have asked him for a full refund under soga, but he is ignoring me.

This chap has been selling these speakers, even after two more people complained that they bunnt out until mid July, and needs to be taught a lesson i.m.o.

However, before issuing a money order I should like to know iof anyone else here has issued a money order for less than a tenner.
You never know how far you can go until you go too far.
«1345678

Comments

  • vyle
    vyle Posts: 2,379 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If he's using ebay as a business, then the soga will apply, but if he is NOT, and is just selling as an individual to individual, then the soga won't.
  • pcombo
    pcombo Posts: 3,429 Forumite
    it will cost you more to start proceedings. And probably be charged for wasting time.
  • marywooyeah
    marywooyeah Posts: 2,670 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I see your point, but it really wouldnt be worth you suing him as it would cost you more than you've lost to do so, would involve time and effort on your point and would more than likely be thrown out - courts don't like what they would class pedantic or frivolous claims.
    are you too late to go through the paypal route?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    For anyone wanting some background, read here...

    https://forums.moneysavingexpert.com/discussion/3192346
  • pcombo
    pcombo Posts: 3,429 Forumite
    Makes you wonder why the OP has made a new thread regarding this.
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Wondering why the OP would start a new thread. Could have continued on in the original thread.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If he's using ebay as a business, then the soga will apply, but if he is NOT, and is just selling as an individual to individual, then the soga won't.

    Even though it doesn't matter in this instance, parts of the SOGA do appy to private sellers.
    The relevant parts are those that stste that the goods must be as described and that the seller must have the right to sell them.
  • patman99
    patman99 Posts: 8,532 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    edited 30 July 2011 at 10:44PM
    If the OP was so incensed about it, s/he could always go through the seller's f/b and contact every person who bought these speakers with a view to starting a class action. IF they could find another 79 people to join with them, then the cost of a SCC summons would only be £1 p/h.

    Or, maybe they should stop being so petty-minded and put it down to experience.
    Never Knowingly Understood.

    Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)

    3-6 month EF £0/£3600 (that's 0 days worth)

  • the_insider
    the_insider Posts: 795 Forumite
    DCFC79 wrote: »
    Wondering why the OP would start a new thread. Could have continued on in the original thread.

    Maybe he was hoping that no-one noticed the snotty and unhelpful responses to comments made in his other post and that we'll all feel terribly sorry for him if he starts a new one?

    The Deep - if TS have confirmed that the items were not up to UK regs and the seller has stopped selling them, what would you be looking for from a court case? Some compensation?
    Getting married 02.08.14
    Wins for the wedding: membership for a 'wedsite' and app, £35 gift voucher for party supplies shop, £50 worth of hand painted signs, 1kg of heart shaped marshmallows :money:
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 31 July 2011 at 9:12AM
    Its a speaker! what safety regulations

    Plugs and sockets regulations 1994. Apparantly, unsafe electrical connections can cause fires, fires can kill.

    First post and already starting a fight, my post was not about the QUALITY of the speakers, but about their SAFETY.

    Here is some advice for you, read the threads before you reply.
    You never know how far you can go until you go too far.
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