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

lovinituk

RFW wrote: »

Although any independent advice has got to be better than picking which one on this thread is right;)

I agree with that 100%

Strapped

ludovico wrote: »

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.

Well I quoted it but just didn't highlight it. It says, "in other respects...shall cease" - ie not including the previously mentioned duty to take reasonable care to see that they are received by the supplier - this duty of care remains in force even after the item has been posted.

IMO of course. None of us are lawyers! I'd still like to know what the case law was.

delirious

Thanks all. I have been trying to contact the seller today. I have sent a couple of emails, a text message, tried phoning him and now his phone number (the one he provided on the court papers) is dead and he's not replying to emails. I am going to send a letter via recorded delivery tomorrow to try that method but he's hardly being reasonable is he.

theonlywayisup

delirious wrote: »

Thanks all. I have been trying to contact the seller today. I have sent a couple of emails, a text message, tried phoning him and now his phone number (the one he provided on the court papers) is dead and he's not replying to emails. I am going to send a letter via recorded delivery tomorrow to try that method but he's hardly being reasonable is he.

He probably thinks the same of you.

He refunded in good faith, paid you upfront for the returns post, specified a postal method. Instead you opted for your work's franked mail.

:cool: