Taking a seller to court - question

Avoriaz

Can I sue the OP for the time I have wasted reading this thread?

:whistle:

pinkshoes

Did you request in the ebay auction that the seller paid the return postage.

I had exactly the same situation with some very expensive leathers, which turned up 2 sizes smaller than they stated (and thus worth MUCH less, as no one would want such a puny size!!). I got an ebay voucher for the cost of the postage.

You can't start a claim against someone unless you've sent a "Letter Before Action", so why not send a LBA, and see if they refund you.

In the mean time, just leave a neg and low stars.

TBeckett100

I have sent her three emails giving X deadline. She has batted them away. One of the warnings was contained in the box I posted her with the jacket in.

It also amuses me that she thinks she is right and yet has ebayed off other men's clothing at the size I measure it at. Whoever she is selling for cant be a size X and a size Y.

Anyway, I will file the claim and see what happens. It would be an education for her anyway.

RFW

Trading Standards is probably a better way to go than court initially. By not refunding the postage they have broken the law and whilst it's not a police matter TS can deal with it and have powers to prosecute.

Picking on another pointm, whilst the law isn't definite on private sellers I believe that they are entitled to refund postage for a returned item not as described. Unfortunately I can see a time when Ebay/Paypal will hold extra funds to cover returns, so they can refund the full amount.

Crowqueen

eBay already occasionally issue postage credits or prepaid label returns during disputes, though it is not yet common practice.

I would imagine that at some point it might become more common - though I hope at some point sellers are held to their obligations directly rather than costing eBay - and thus feepayers who do respect their legal/customary obligations - money.

bris

You might not even win, as no doubt you can't prove the label was x when it should have been y. The jacket will no longer be available as evedince so it is your word against hers.

System

People are talking Trading Standards, breaking the law by not refunding and not complying with DSR.

Has it actually been confirmed that she is a business seller? If she is not then all the above is meaningless bluster

hermum

In the OP it was stated, 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? so presumably a private seller, so TS won't be interested.
A letter before action has to be sent prior to any court action, that may be enough to get her to pay up.
Personally I'd leave a neg & move on, life's too short.

RFW

hermum wrote: »

In the OP it was stated, 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? so presumably a private seller, so TS won't be interested.
A letter before action has to be sent prior to any court action, that may be enough to get her to pay up.
Personally I'd leave a neg & move on, life's too short.

I'd be interested to know Trading Standards view on this, as far as I know if a consumer asks for help after a purchase they should look into it. The only thing they don't look into are business to business transactions. Most buyers won't check who they are buying from, and as we all know there are a lot of sellers who are businesses and don't declare it.

With the amount of similar questions being asked on here, it looks like it is something that needs addressing. If there is a big difference then perhaps Ebay need to make clearer that the consumer rights differ considerably when purchasing from a private seller.

bris

RFW wrote: »

With the amount of similar questions being asked on here, it looks like it is something that needs addressing. If there is a big difference then perhaps Ebay need to make clearer that the consumer rights differ considerably when purchasing from a private seller.

It's not a consumer rights issue and trading standards would see it as a civil matter. It is a contract law issue however that can be formed between two private individuals.
The seller if describing the item, must do so honestly, in this case they got it wrong so broke the contract and would be liable for the buyers loses, in this case the postage. The problem the OP has is proving it, one word against the other, certainly not worth a hunded and odd quids worth of court fees for £9.