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Should I Sue

The_Deep · 2011-07-30 16:17:43

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…

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pcombo Posts: 3,429 Forumite

31 July 2011 at 9:26PM

The_Deep wrote: »

Well, the last time I enforced a CCJ, (against a tenant), I issued an attachment of earnings order, but given that this is at the moment a hypothetical situation, I shall make a decision if the need arises.

Remember that once one has obtained a CCJ, one can register it and it goes the debtor's credit record. A businessman with a CCJ might have trouble raising capital.

I wouldn't like to see what you would do if someone broke into your house or used your credit card unauthorized.

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The_Deep Posts: 16,830 Forumite

31 July 2011 at 10:07PM

You would be suing a business, not somebody likely on the PAYE system so this wouldn't be an option.

Er, no. Although trading for profit, my seller has not registered as a business, he is trading as a private seller, contrary to both eBay's T&Cs and Inland Revenue requirements, the man really does not have a leg to stand on.

You never know how far you can go until you go too far.
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arcon5 Posts: 14,099 Forumite

31 July 2011 at 10:18PM edited 31 July 2011 at 10:22PM

The_Deep wrote: »

You would be suing a business, not somebody likely on the PAYE system so this wouldn't be an option.

Er, no. Although trading for profit, my seller has not registered as a business, he is trading as a private seller, contrary to both eBay's T&Cs and Inland Revenue requirements, the man really does not have a leg to stand on.

If your going to sue him as a private individual then you have even less rights.

From tradingstandards.gov.uk

[FONT=Arial, Chicago]Buying Privately[/FONT]

[FONT=Arial, Chicago]If you buy from a private seller, e.g. a car or other goods from the small ads in the local paper, the law gives you fewer rights than if you buy from a trader. [/FONT] [FONT=Arial, Chicago]In such circumstances, goods only have to be as described. They do not need to be free of faults or fit for their purpose. It is very much a case of buyer beware![/FONT]

You don't know he isn't declaring his income. eBay rules for business sellers are neither here nor there.

You need a new hobby buddy.

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The_Deep Posts: 16,830 Forumite

1 August 2011 at 10:41AM

Leave negative feedback, hopefully other potential buyers will avoid and this will ruin his/her chances of selling things in the future.

I did, last April, after which he sold 31 more pairs of speakers, of which a further three burnt out. That is why I am after him. He knew there was a fault but continued to sell them.

You never know how far you can go until you go too far.
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pcombo Posts: 3,429 Forumite

1 August 2011 at 10:52AM

The_Deep wrote: »

Leave negative feedback, hopefully other potential buyers will avoid and this will ruin his/her chances of selling things in the future.

I did, last April, after which he sold 31 more pairs of speakers, of which a further three burnt out. That is why I am after him. He knew there was a fault but continued to sell them.

You will end up taking a heart attack if you continue thinking your something your not.

You should have either made a paypal dispute or call the bank for a chargeback. But since this issue is like 3/4 months old you have no chance.

You seem to love the attention your getting on here.

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k3lvc Posts: 4,174 Forumite

1 August 2011 at 12:08PM

dan_l wrote: »

I hope I have better things to do when I'm retired.

He (or maybe she) will be back in a minute chastising you for making assumptions that they're retired.

That said I do have a strong 'Meldrew' image in my head at the moment

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k3lvc Posts: 4,174 Forumite

1 August 2011 at 12:18PM

pcombo wrote: »

I recommend these speakers.http://www.dolphinmusic.co.uk/product/35634-genelec-1036a-single.html#sterling_uk

Now they have to be genuine, I would sue if these were fake.

But there's no mention on there whether they comply with the Plugs & Sockets act :rotfl:

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pcombo Posts: 3,429 Forumite

1 August 2011 at 12:19PM

k3lvc wrote: »

But there's no mention on there whether they comply with the Plugs & Sockets act :rotfl:

Oh god, there isn't they cant be real.

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The_Deep Posts: 16,830 Forumite

1 August 2011 at 12:23PM edited 1 August 2011 at 12:27PM

You must lead a very boring life

Not really, we have just returned from ten weeks at our second home in Spain, driving both ways. In early October we shall return until Christmas.

Next month I shall have to do the tax returns for my small property business.

Taking on large corporations, exposing rip off traders, exposing Town Hall waste, and teasing people on message boards are just an amusing pastime.

K3, you are not paying attention I have already said that I am retired, do try to keep up.

If you think that I am grumpy have a look at this

http://www.grumpieroldmen.co.uk/forum/phpBB3/viewforum.php?f=3&sid=21015b9b9571788839f0985939211805

I am quite laid back compared to some of them.

You never know how far you can go until you go too far.
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k3lvc Posts: 4,174 Forumite

1 August 2011 at 12:26PM

pcombo wrote: »

Oh god, there isn't they cant be real.

In the words of the OP - read the thread and keep up

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