Taking a seller to court - question

TBeckett100

I purchased ajacket from ebay at size X.

It arrived and didnt fit. I checked the label and it was size Y.

I measured it and it was size Y

The seller insists she measured it (why not just use the label size) and insists it is size X.

She refused to refund and I went to paypal to claim.

Paypal asked me to send it back tracked. I did. It cost Z.

Paypal refunded me the money, but I am out of pocket for the psotage cost.

The seller is being ignorant to basic facts and is refusing to cover my loss.

I have just filled out a small claims form on moneyclaim as I intend to rectify the shortfall. I wouldnt have bothered over £9 but her attitude has wound me right up and I would like someone else to prove or disprove. Had she labelled the item correctly, I wouldnt have bought it and I wouldnt have incurred a loss.

I know if you take a business to court, they have to come to your local court. When you take an individual to court, does the court allocate the hearing to their local court or mine?

hermum

http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_taking_legal_action_e/small_claims.htm#Types_of_case_dealt_with_in_the_small_cl
Have you sent a letter before action?
http://www.which.co.uk/consumer-rights/making-a-complaint/taking-a-dispute-to-the-small-claims-court/sample-letter/

skylight

Its £9.

Lifes a crock and then some, but you are allowing this to eat away at you which wont help you in the long run.

RainbowDrops

This wont go to court - judges look poorly upon people taking other to court to recover costs lower than that of the cost of proceedings.

lovinituk

Just leave her negative feedback and low star ratings and move on. Seriously - going to court for £9 is just a ridiculous waste of everyones time, including yours.

vax2002

I would read paypals and e.bays contract you entered in to first, it is longer than hamlet.

soolin

vax2002 wrote: »

I would read paypals and e.bays contract you entered in to first, it is longer than hamlet.

I'm not sure whay reading policies would assist here?

Neither ebay nor paypal can over ride UK laws, so the OP is entitled to a refund of return postage as item was not as described, but neither ebay nor paypal can enforce it. OP has the legal right to take seller to small claims, but as has been stated this is probably not practical for the amount involved.

System

soolin wrote: »

OP is entitled to a refund of return postage

Even if it was a private sale?

eBayRipOff

£9 taken to small claims court, no wonder this country is in recession!

Seriously to even spend time, just because there is some all mighty principle it is a joke! Life is to short, to even spend one hour of your life to fight for a principle £9 pay out, with a victory in court!

How many hours will you spend on fighting for these £9? Take the £9 and divide on the X amount of hours you will spend on this, and tell me if it is really worth it? Even if you just spend the time and cost to go to the small claims court, transport, loss of earnings/time of that day, I would think at least 3 - 5 hours, what you rather have? This time to enjoy yourself or the £9?

Seriously get a pill and stay happy!

Taadaa

!!!!!! wrote: »

Even if it was a private sale?

I would refund postage as a private seller if I made a mistake and the item was not as expected. I think this is right and reasonable.

If they change their mind, then I only refund the cost of the item, not postage paid or postage to return it.

Taadaa

By the way 9 quid to post a jacket seems excessive - was it 4.50 each way?

I think this is a tough one because the label can say what it likes, but a 14 in one shop is not the same as a 14 in another shop. So she measured it but who knows what size guide she used to judge it? I expect that as she took the time to measure it, she was trying to do the right thing. Perhaps she should have said label says x, more like y.

When selling clothes it is best to either provide the actual measurement or state that as it is from shop x, it is a generous/skimpy cut and let the buyer decide if that is enough information to make a purchase decision.