Small Claims Court Viable?

Crazy_Jamie

Keplar wrote: »

so whos in the right? has to be someone right?

Statute is not written to exhaustively cover every eventuality. You will not find it written in law as to who should do what first. However, it is entirely reasonable for the seller to expect the goods back before refunding. You sent money to him initially via PayPal Gift and he sent the goods out, so why would you think that he'd suddenly try to scam you? If that was his intention he just wouldn't have sent the item out to you.

Agreeing to a refund in principle and then getting stuck up on whether or not you're going to send the item back first is frankly petty. Send it back via a method that allows you to determine whether or not it has arrived. Then no doubt he will issue a refund. If he doesn't, go down the Court route.

Keplar

If I know the seller has a legal right to request a refund first I will send, should this not be covered in sellers rights or something? as he didnt have a returns policy?

Hintza

Keplar wrote: »

If I know the seller has a legal right to request a refund first I will send, should this not be covered in sellers rights or something? as he didnt have a returns policy?

Of course he didn't you have bought from a private individual second hand goods.

Keplar

Ok so surely there is a line drawn somewhere, in that do I as a buyer have a responsibility to return the item to the seller first? Plus under what circumstances would be classed as 'unreasonable' from the seller when requesting a refund?

pmduk

If you were to sue when a seller has already offered a refund you may find that , even if you win, the court may require you to pay the costs.

fred7777

Keplar wrote: »

I as a buyer have a responsibility to return the item to the seller first?

Yes. If they don't give you a refund then you have a good case for the small claims court.

Keplar wrote: »

Plus under what circumstances would be classed as 'unreasonable' from the seller when requesting a refund?

There are loads of things which could be unreasonable, how long have you got! Tell us what the seller has asked and people will tell you if they think it's unreasonable or not.

ashleypride

Keplar wrote: »

Ok so surely there is a line drawn somewhere, in that do I as a buyer have a responsibility to return the item to the seller first?

Come on, use some common sense. Have you ever purchased something from a shop, and then tried to get your money back without returning the item first?

Keplar

fred have you got a link to prove I need to send the item back to seller first? this is what I want hard evidence but dont know what I am searching for exackly

sjbrun

Pretty much Every company in the country refunds when they have the product back so why would a private seller be different.

If you were in his position would you refund first?

Everyone on here has said to you to send it back first I'm not sure why you are not listening. It may get to a point where the seller will just say you have accepted it and tell you to sod off. It seems the seller is being fair and you are not being reasonable at all.

I feel sorry for the seller really.

arcon5

Keplar wrote: »

fred have you got a link to prove I need to send the item back to seller first? this is what I want hard evidence but dont know what I am searching for exackly

There isn't a law that says this. In the same way there is no law saying the seller has to refund you first.

Stop creating problems for yourself!

If this went to court and you refused to return the item, i'm betting a judge would not award court costs.