Am I liable following sale on eBay?

owen22

Hi guys,

Quick question for anyone who might be in the know.

A couple of months ago I purchased an external hard disk 'caddy' on eBay but before opening it found out that it wasn't compatible with the disk I wanted to connect it to.

I immediately re-sold it on eBay (for the price I paid for it, less the p&p - so actually made a loss!) and my advert stated that it was being resold as unopened and unused.

It sold within a few days however the buyer sent me a message a few days later stating that as it wouldn't get used until after Xmas he would leave feedback then.

I have just received an e-mail stating that he has now attempted to use the caddy but that it has over-heated and melted the hard disk that he connected to it.

The buyer has asked me to send a replacement however I would only be able to offer to refund him as I am a personal eBay user, not a business that holds a stock of any items.

Worryingly he has also said that he is considering making a claim against me for the damage to his hard disk and the loss of data on it!

Where do either of us stand?

Thanks.

prudent_princess

owen22 wrote: »

Hi guys,

Quick question for anyone who might be in the know.

A couple of months ago I purchased an external hard disk 'caddy' on eBay but before opening it found out that it wasn't compatible with the disk I wanted to connect it to.

I immediately re-sold it on eBay (for the price I paid for it, less the p&p - so actually made a loss!) and my advert stated that it was being resold as unopened and unused.

It sold within a few days however the buyer sent me a message a few days later stating that as it wouldn't get used until after Xmas he would leave feedback then.

I have just received an e-mail stating that he has now attempted to use the caddy but that it has over-heated and melted the hard disk that he connected to it.

The buyer has asked me to send a replacement however I would only be able to offer to refund him as I am a personal eBay user, not a business that holds a stock of any items.

Worryingly he has also said that he is considering making a claim against me for the damage to his hard disk and the loss of data on it!

Where do either of us stand?

Thanks.

Find it hard to believe that your external hard disk 'caddy' caused that much damage to his PC. Sounds like he is trying to get a new PC out of you.
Ask him for proof - you need a specialist report to say that it was the ext hard drive caddy that caused it.
If he cant prove it, you arent liable.

owen22

prudent_princess wrote: »

Find it hard to believe that your external hard disk 'caddy' caused that much damage to his PC. Sounds like he is trying to get a new PC out of you.
Ask him for proof - you need a specialist report to say that it was the ext hard drive caddy that caused it.
If he cant prove it, you arent liable.

I have no idea whether a cheap or defective (it was certainly cheap!) caddy could cause this kind of damage...

vax2002

I would wait, if he files with e.bay, they will ask him to return the item and then re-fund him.
You paid a fee to use an auction site, that comes with some protections, one of those that the claim is limited to the items value.
Let him go via e.bay, or you could end up paying twice.

maninthestreet

It's a private sale, so the buyer has little come back. Even if you were a business, he would have difficulty claimimg for consequential damage.

prudent_princess

Owen 22 - let us all know how it goes though.
I think you'll be okay though.

owen22

Thanks all, I'll let you know what happens.

The buyer has logged this through eBay so hopefully he will be sensible and follow their t&cs.

I'm more worried about getting negative feedback TBH!

prudent_princess

Oh yes - the dreaded negative feedback :-(

Jeff_Bridges_hair

As long as you dont have loads of negative feedback and this is your first - I wouldnt worry - you can still explain it on there.

TBF I dont believe a caddy would just get that hot and melt itself and the HDD - I reckon he is trying it on. Ask for pictures

Rex_Mundi

I thought on Ebay, as in any auction, caveat emptor applied as long as the item was described accurately? If this is the case, I don't see how the buyer has any claim.

The clever people on the Ebay board would know far more about this than I do.

unholyangel

Rex_Mundi wrote: »

I thought on Ebay, as in any auction, caveat emptor applied as long as the item was described accurately? If this is the case, I don't see how the buyer has any claim.

The clever people on the Ebay board would know far more about this than I do.

For private/personal sales i believe the only requirement is that they must be "as described".

When purchasing from traders, you do have rights under SoGA

Where the terms of the Sale of Goods Act do apply (see above), you may be
able to get your money back but this will be dependent on the seller being a
trader and how long you have had the goods and the seriousness of the fault.
If the seller was a private individual, you would not have the rights of
satisfactory quality or fitness for purpose but you should still be able to rely on
any description applied to the goods.

If you bought new goods at auction on or after 31 March 2003, or secondhand
goods at an auction where you cannot attend in person, you can ask the
trader to replace or repair the goods free of charge if they are faulty. If you do
this within six months of receiving the goods, and it is reasonable to expect
them to have lasted for the period of time you have had them, it will be
assumed that the problem existed when you bought the goods, unless the
trader can show otherwise. However, you can still ask for a replacement or a
repair for up to six years from the date that you bought the goods, if it is
reasonable for them to have lasted that long.