eBay Seller sold me wrong item and now taking me to court

Strapped

bazzyb wrote: »

I don't think this is correct. If the OP has proof of posting then the court will deem that the item was delivered 2 days after posting. I believe Section 7 of the Interpretation Act 1978 confirms this (so long as the item was properly addressed and the correct postage was paid) however this does refer to 'documents' rather than 'items'.

http://www.legislation.gov.uk/uksi/2000/2334/regulation/17/made

(5) If the consumer—

(a)delivers the goods (whether at his own premises or elsewhere) to any person to whom, under regulation 10(1), a notice of cancellation could have been given; or

(b)sends the goods at his own expense to such a person,

he shall be discharged from any duty to retain possession of the goods or restore them to the supplier.

(6) Where the consumer delivers the goods in accordance with paragraph (5)(a), his obligation to take care of the goods shall cease; and if he sends the goods in accordance with paragraph (5)(b), he shall be under a duty to take reasonable care to see that they are received by the supplier and not damaged in transit, but in other respects his duty to take care of the goods shall cease when he sends them.

I guess this could be argued in both directions but surely there must be some precedent for this scenario?

lovinituk

RFW wrote: »

They can point in the right direction, at the moment the OP has about half a dozen pieces of advice.

From what I gather it can take ages to be seen and then you often get some woolly advice because the adviser is nowhere near an expert anyway. I much prefer your suggestion of going to see a solicitor.

Strapped

Wywth wrote: »

Don't you just love the Barrack Room Lawyers on the internet? :cool:

I think we're all guilty of it

If in doubt - pay for proper advice should be in tall capital letters at the top of every board!

prowla

bazzyb wrote: »

I don't think this is correct. If the OP has proof of posting then the court will deem that the item was delivered 2 days after posting. I believe Section 7 of the Interpretation Act 1978 confirms this (so long as the item was properly addressed and the correct postage was paid) however this does refer to 'documents' rather than 'items'.

I don't think that can be correct; I'm sure many people would be able to say that things posted have not arrived, which would completely shoot down that argument.

There is a well know saying that "proof of posting is not proof of delivery", and that is why we have signed for options.

The fact that the seller paid enough for a signed for delivery in good faith, but the OP chose to use a cheaper option, would certainly be relevant.

antrobus

prowla wrote: »

....The fact that the seller paid enough for a signed for delivery in good faith, but the OP chose to use a cheaper option, would certainly be relevant.

The fact that the OP has stated (in his other thread) that "the seller didn't ask me to send it recorded or special delivery and if he had've done, I would have" would also certainly be relevant, particularly if they had a record of the posting instructions received from the seller.

paulofessex

lovinituk wrote: »

To be fair they are probably not that much better than getting advice from the internet!

So glad you are in a minority with regard to your opinion of the work the CAB undertakes


During 2010/11 bureaux advised clients on almost 7.1 million new problems.
These included 2.2 million debt problems, 2.1 million problems with benefits and tax credits, and 0.5 million employment problems. Source

the_lunatic_is_in_my_head

Strapped you missed the end of the sentence which you highlighted:

and not damaged in transit, but in other respects his duty to take care of the goods shall cease when he sends them.

Once posted the consumer has no responsibility unless the seller could convince the court they had paid for and instructed the use of a secure service (such as SD) which the OP ignored and thus was a lack of due care.

lovinituk

paulofessex wrote: »

So glad you are in a minority with regard to your opinion of the work the CAB undertakes


During 2010/11 bureaux advised clients on almost 7.1 million new problems.
These included 2.2 million debt problems, 2.1 million problems with benefits and tax credits, and 0.5 million employment problems. Source

Doesn't say anything about how useful or accurate that advice was! I'm sure the users of the forum have collectively advised as many as that but it doesn't make the advice necessarily any good!

Lets be sensible here - you want some accurate legal advice then you go to an expert. CAB are not legal experts.

pearl123

I get a packages signed for when they are over the value of £20.
To be blunt it was dumb to send back a high value item and not obtain a signature.
I would agree with those who have suggested that you should try and talk to the seller to reach an agreement.

RFW

lovinituk wrote: »

From what I gather it can take ages to be seen and then you often get some woolly advice because the adviser is nowhere near an expert anyway. I much prefer your suggestion of going to see a solicitor.

I don't know OP's circumstances, so may not be able to afford solicitor, that said some solicitors do offer free consultation days.

I will agree CAB can be hit and miss. Although any independent advice has got to be better than picking which one on this thread is right;)