Should I Sue

withabix

The_Deep wrote: »

Here is some advice for you, read the threads before you reply.

Here is some advice for you:

Don't start multiple threads about the same subject.

The_Deep

They are not about the same subject, one concerns the sale of unsafe electrical items on eBay, the other is about the advisability of using the small claims procedure for trifling sums.

One is about safety regulations, the other is about consumer law. Thus, two threads.

k3lvc

A waste of bandwith but a great Sunday mornings entertainment looking at the OP's history - so far you've been wronged by Direct Line, Ryanair, Town & Country Parking/Asda, a tree surgeon and now some dodgy £10 Ebay speakers.


Despite all the advice to the contrary (i.e. put them in the bin and move on) then suggest you take the seller to Small Claims Court then come back and tell us how you got on - as others have said it's unlike to be a money saving exercise though.

While you're at it then Ebay obviously needs suing for allowing the goods to be sold, your ISP for allowing the ad to be displayed on your screen, I'm sure Paypal must have some responsibility somewhere and presumably there's a complaint as to why CC companies have a £100 limit before their responsibility kicks in.

The_Deep

Well k3lvc, (not your real name, surely), you cannot be expected to know it as I post under another name on most boards, but I have also won apologies and compensation from inter alia Natwest, Bank of Ireland, DVLC, TVL, Popcorn, Customs & Excise, Motorworld, British Gas, Thames Water, and the Royal Mail.

Mostly it is not about the money but the principle. TVL were threatening my tenants, DVLA refused to answer my letters, and RM were charging for a service, (signed for), which they were not delivering.

As for suing eBay/Paypal, difficult, they are based in Luxembourg.

mttylad

Faulty speakers have caused fires & burnt a property down in the past.

k3lvc

The_Deep wrote: »

Well k3lvc, (not your real name, surely)

And The Deep is yours :T

The_Deep wrote: »

you cannot be expected to know it as I post under another name on most boards, but I have also won apologies and compensation from inter alia Natwest, Bank of Ireland, DVLC, TVL, Popcorn, Customs & Excise, Motorworld, British Gas, Thames Water, and the Royal Mail

I neither know nor particularly care - hopefully these were for something more worthwhile than your current crusade

The_Deep wrote: »

Mostly it is not about the money but the principle. TVL were threatening my tenants, DVLA refused to answer my letters, and RM were charging for a service, (signed for), which they were not delivering

Honourable but how about a sense of perspective - make your complaint to Ebay/Trading Standards/Metropolitain Police/Sellers landlord/Grandparents/schoolteacher then move on

mttylad wrote: »

Faulty speakers have caused fires & burnt a property down in the past.

Not disputed in the slightest but a CCJ isn't likely to solve the problem - the other 100 boxes the seller has aren't suddenly going end up in landfill

wealdroam

The_Deep wrote: »

As for suing eBay/Paypal, difficult, they are based in Luxembourg.

Well The Deep, (not your real name, surely), who mentioned suing Paypal/ebay?
Only you.

Paypal and ebay do have some responsibility, and they will answer to the UK's Financial Ombudsman Service.
See their T&Cs.

Oliver14

wealdroam wrote: »

Well The Deep, (not your real name, surely), who mentioned suing Paypal/ebay?
Only you.

Paypal and ebay do have some responsibility, and they will answer to the UK's Financial Ombudsman Service.
See their T&Cs.

Good luck with that. As its the seller who wont refund under SOGA its a pretty silly thing to try and blame Paypal or ebay for this.

k3lvc

wealdroam wrote: »

Well The Deep, (not your real name, surely), who mentioned suing Paypal/ebay?
Only you.

No, to be fair, in a moment of crass stupidity it was me. For the error I have now taken myself aside and repeatedly beaten myself around the head with a wet Haddock.

I apologise profusely for any offence I may have caused or time I may have wasted in suggesting that Ebay may be sued and that this would lead to a righting of all wrongs in relation to the speakers

The_Deep

Good luck with that. As its the seller who wont refund under SOGA its a pretty silly thing to try and blame Paypal or ebay for this.

Precisely, but that is the nature of these boards, there are far too many posters giving incorrect advice based on a less than complete understanding of the various regulations, and far too many failing to read and fully understand the posts.

The situation is simple. I bought an electrical appliances which failed, I sent them to TS who found them non compliant and the seller has been advised to withdraw them. He has done so. I have asked him for a refund under Soga, but none has been forthcoming.

Whether or not I should have bought better quality speakers is immaterial, Asda sell kettles and electric irons for very little money, they may not last long, but they will not kill you. Whether I am wasting my time or not is of no concern to anyone else, it is my time and I shall use it as I choose. In my opinion computer gaming is a complete waste of time, but others will disagree.

I come here to pick the brains of others about their experiences in the Small Claims Court, not to receive lectures on what I should and should not buy.