Should I Sue

meer53

The_Deep wrote: »

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.

Aah, this post explains it all. You like to complain - a lot Personally i think you should move on, maybe get out a bit more ?

pitkin2020

I bet its a scam............it usually is.

Take them to court and sue their a$$ of, then let us know how it goes I always like to read a good joke on here. Seriously for £10 is it worth it, or are you hoping to sue for the £10 cost of the speakers, another £100 for time phoning trading standards and then what a couple thousand for the emotional distress it has caused you?? You could probably get another thousand from your new fear of electrical items catching fire, probably could get a doctor to sign you off work for it aswell then you could also claim for loss of earnings too. You could walk away with a thousand!!.....or the judge could tell you to stop being pedantic and move on with your life, you have informed trading standards so let them deal with it!!

pcombo

The_Deep wrote: »

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.

Omg your soo stuck up.

And to start a claim it will cost you around £35, So you will be wasting more money as they case wont even lift of the ground.

PinkPrincessDD1

I understand you wanting to teach him/her a lesson, but in the long run this will just cost you more time and money. I would (if you havent already) just leave him negative feedback and hopefully less people will purchase things from him/her and he will be taught a small lesson

geo555

de minimis non curat lex

The_Deep

geo555 wrote: »

de minimis non curat lex

Please explain how the importation and sale of non compliant plugs and sockets in breach of the Plugs and Sockets Act, seeking to diminish statutory rights under Soga and DSR, and, when in breach, failing to comply with Soga, could be regarded as trivial under the law.

Selling pounds of tomatoes has been presecuted, smoking in a company car has been prosecuted, and dropping a cigarette butt is often prosecuted.

The law does indeed concern itself with trifles. Ask this lady

http://www.dailymail.co.uk/news/article-335291/Pipped-Woman-driver-fined-eating-apple.html

meer53

The_Deep wrote: »

Please explain how the importation and sale of non compliant plugs and sockets in breach of the Plugs and Sockets Act, seeking to diminish statutory rights under Soga and DSR, and, when in breach, failing to comply with Soga, could be regarded as trivial under the law.

Selling pounds of tomatoes has been presecuted, smoking in a company car has been prosecuted, and dropping a cigarette butt is often prosecuted.

The law does indeed concern itself with trifles. Ask this lady

http://www.dailymail.co.uk/news/article-335291/Pipped-Woman-driver-fined-eating-apple.html

Aah another clue, a Daily Mail reader. Fair enough, other trivial things happen but - really - can you be ars*d ?

Is there really a "Plugs and Sockets Act" :eek: ?

Time for a bit of perspective ? If you buy £10 speakers from Ebay, exactly what did you expect ? B & O or Bose, maybe ?

The_Deep

If you buy £10 speakers from Ebay, exactly what did you expect ? B & O or Bose, maybe ?

No, I expect speakers which I can connect to my PC to enable me to listen to Question Time. I do not expect speakers which will short circuit and fill the room with an acrid smell. Has this point gone completely over your head!

There is indeed a Plugs and sockets Act, I am surprised that you need to ask, the whole thrust of the previous post was that these speakers did not comply with it. There is even a link to it somewhere.

BTW, what makes you think that I read the Daily Misery? Did you put two and two together and come up with five?

ThumbRemote

pcombo wrote: »

Omg your soo stuck up.

And to start a claim it will cost you around £35, So you will be wasting more money as they case wont even lift of the ground.

Utter rubbish. If the OP starts a claim they will almost certainly win. Exactly how is the seller going to defend the claim? The small claims court is for exactly that - small claims. They are interested in rights and wrongs, not whether you think it is a worthwhile amount to claim for.

OP, caveats apply. The seller must have been acting as a business trader on ebay. Winning a case against them does not mean they will pay up. Remember to send the appropriate letter before action first if you do pursue it.

The_Deep

Thank you TR, I am glad that someone on this board knows his nether regions from his elbow, I had almost given up on this board. The amount of incorrect and ill-informed advice that some on here come up with is staggering.

I am aware that only about 43% of CCJs ever get paid, as, as a landlord, I am not unfamiliar with these courts.

I cannot see this chap even allowing the case to get to court as I will leave him with no doubt that I shall be ready and willing to enforce the judgment.