You thought you'd seen & read it all?

Blacksheep1979

well the thing is that he never states when 'late' starts from and also he has no agreement to share details with anyone so cannot as he states pass the details onto any credit reference agency.

Just for sport I just emailed him asking:

Hi, you state clearly about charging £5 a
day for late payments - but from what date?
Also I feel that I should point out that your
charges are a disproportionate penalty and therefore
unenforceable as they are contrary to common
law. Further, as a disproportionate penalty
they are invalid under the Unfair (Contracts)
Terms Act 1977 s.4 and under the Unfair Terms
in Consumer Contracts Regulations 1999.
Para.8 and sch.2(1)(e). In the event that the
charges are not a penalty then they are
unreasonable within the meaning of the Supply
of Goods and Services Act 1982 s.15.

Kind regards

Chris


Will let you know if he replies

cazmanian_minx

Blacksheep1979 wrote:

Will let you know if he replies

Didn't the thread on the eBay forums say he states he doesn't reply to any Ask Seller Question emails either??

He's a real gem of a seller this one.... :rolleyes:

Caz

Blacksheep1979

nah there's a few replies on the item I asked on - mainly saying 'read ad'

now reported him to ebay for sport

Blacksheep1979

ooooh I got a reply

IF YOU PAY ON TIME ITS NOT AN ISSUE, IS IT, UNLESS YOU ARE ONE OF THE PERSONS BEING CHILDISH IN THE ILLEGAL FORUM WHICH LIVE WORLD ARE IN THE MIDDLE OF REMOVING, OUR CONTRACTS WERE AGREED WITH TRADING STANDARDS, HOWEVER IF YOU ARE A GENUINE PERSON THEN THIS SHOULD NOT BE AN ISSUE

just going to reply that I doubt trading standards would have agreed to those terms as they are unlawful.

Just sent

Hi

I'm not from any 'illegal forum' infact the only forum I belong to is quite a geeky computer based one - so no idea what you're on about there?!? You still haven't answered my question as to when 'late payment' is? Is it after the 7 days that ebay require you to make payments within? Furthermore I doubt that trading standards would have agreed to your terms and conditions due to the fact that they are basically unlawful.

Kind regards

Chris

shellsuit

There is no illegal forum for Gods sake - what is this clown on?!! LOL

eyelinerprincess

The illegal forum he speaks of is the Ebay forum!

electracy

Hi Blacksheep

Are you going to add your reply etc to the ebay forum as well? I've been reading it and its over 400 posts long now and very funny!

I cant believe that guy....

K

MissBehaving

Blacksheep1979 wrote:

ooooh I got a reply


the only forum I belong to is quite a geeky computer based one -

You wouldnt be refering to this forum would you?!?! :mad:

Blacksheep1979

nah was another one - didn't want to spook him too much. If any of you want to add his replies anywhere feel free to copy will add his others here

his response to above

FORUMS ARE NOT SOMETHING WE GET INVOLVED WITH AS THEY ARE PETTY AND CHILDISH AS WELL AS FULL OF INDIVIDUALS WHO HAVE FAR TOO MUCH TIME ON THEIR HANDS,,, GEEKY OR OTHERWISE,, WE ARE NOT AT LIBERTY TO DISCUSS OUR TERMS WITH YOU AND ARE THERE FOR YOU TO READ, THEY ARE NOT COMPLICATED AND ARE COMPILED WITH THE GUIDANCE OF TRADING STANDARDS, IT IS NOT ILLEGAL TO CHARGE LATE PAYMENT FEES, NON PAYING OR LATE PAYING BUYERS CAUSE COST ISSUES , THIS INTERN WE PASS ON TO THE BUYER, WE NEED NOT REMIND YOU THAT AN AUCTION IS STILL A LEGAL BINDING CONTRACT WHICH MUST BE COMPLETED OTHERWISE COULD ENVOKE ADDITIONAL LEGAL ACTION, BUT AS YOU ARE SO AWARE OF THE LAW WE ARE SURE YOU ARE AWARE OF THIS ISSUE

my reply

Hi

I am fully aware of the legality of contracts and their binding nature. I myself am not a forum and therefore you are not doing business with a forum. I am still confused about your attitudes to forums as such but that probably isn't relevant to the matter in hand. Yes on breech of contract you can seek compensation for liquidated costs - but you must be able to provide evidence for these costs. I do not believe your costs will come to anywhere near £5 a day. This aside you still haven't answered my first question of when late fees become payable?

Kind regards

Chris

and his final reply

AFTER 24 HOURS ? THANKYOU FOR YOUR COMMUNICATION

doesn't make sense and if he had any he'd have blocked me as a bidder by now.

nightswimmer

Blacksheep1979 wrote:

THIS INTERN WE PASS ON TO THE BUYER.

Do we get a free cigar as well or do we have to provide our own?