Ebay tricky problem, need some good legal advice

focusgaming

Hello. At the end of February I purchased an old games console and 17 games (quite cheaply), paid straight away through paypal after winning the Ebay auction.

Few days later I sent an email asking when the goods were to be shipped, to which the guy responded the console is broken. I replied back saying thats fine dont worry, please send anyway I am more interested in the games.

Approx 10 days go by, I don't hear anything, sent serveral emails chasing him. So I then got Ebay and paypal involved in the dispute.

On Monday I checked what he was selling now, and surprise surprise he has relisted 'my' console and games!!! Without contacting me about it or giving a refund. I emailed him about it to which he is now quoting the sales and goods act of 1979 saying as the console was faulty and that he had to get it repaired it is no longer the same item and even though I have still paid for it, it is not my property and he will refund me on 16th March. I think the truth is it sold too cheaply in his mind and he is pulling a fast one!

I only want a refund as a last resort, I want the console and games though really. But it seems even though I have been messed around I dont actually have any rights to what I have bought? Is this true?

Please can someone give some good legal advice? Many thanks... Lee

soolin

You won't get legal advice on here all you will get are varying personal opinions.

There have been anecdotal reports of people suing for loss of bargain, but I think this is going to be a difficult and expensive thing to persue. Personally I would slam in a paypal chargeback, get my money back and leave a negative to warn other buyers.

focusgaming

Thanks Soolin...... legal advice or personal opinions is fine by me!

The trouble with neg feedback is he will no doubt leave it for me too, which is a bit of fault in ebays system. Even though I have done nothing wrong, I could get a neg on my account (unless I wait the nearly 90 days before I leave it)

I just find it hard to believe that I dont seem to have a leg to stand on in this matter?

soolin

If he is trading then you might have more clout to do somehting, but if he is just an individual selling off bits and bobs then it's just the same as buying from th small ads.

However, my pet hate is people who say they will refund 'soon', why? If he can't send the goods then he should jolly well refund you with the most grovelling apologies immediately. I start to wonder what he is doing with the money if he can't refund.

FloFlo

As Soolin says I would start a charge back now, personally I wouldn't want to complete the transaction with them now as they have shown themselves to be untrustworthy. Also while they deserve neg if you do this you will probably get one in return if they have not already left feedback.

COOLTRIKERCHICK

it sounds to me this person was trying to be cocky ..by starting the price low to generate more interest.. but it back fired as it hasnt reached the price he wanted/expected.......

i personally would take the advice above.... and just put a claim in to get money back.. asap......they have obviously emptied his paypal account or its has paid ebay fees.... so they are now waiting for furthur sales to pay you....


but dont let this ebayer put you off.....buying/selling on ebay.....as we only hear of the negative side of ebay..... hardly ever do we hear of the good side.....

frivolous_fay

By the way the 90 days for feedback thing - you have a MINIMUM of 90 days - that's not the cut off point. People have been known to leave feedback up to 7 months later.

Do the decent thing

Moglex

You could threaten him with a case for 'loss of bargain' in the small claims court.

Explain that if you haven't received the item within, say, 10 days, you will initiate a claim in the small claims court.

Further explain that you have his emails admitting that he has sold your console (actually a criminal offence known as 'conversion'), so the case is 100% cut and dried and the minute you issue the claim he will be liable for the actual loss of bargain PLUS the court fees.

Whether you actually want to go through with a claim is another matter, but it might just prompt your seller to Do The Right Thing.

rose_sparky

I sold something last week for £10 which is easily worth £100 but I have had to shrug my shoulders and accept it.

My only hope is the buyer doesn't pay, but it never works like that does it!!

AlexisV

Try ringing and speaking to ebay.

danmanchester

AlexisV wrote: »

Try ringing and speaking to ebay.

Ohhh if only it were that easy !