Business receipts and 'private sales'

JoeSaponic

techspec wrote: »

How do we know thats the PC the buyer agreed to buy?

Buyer thought he was being clever dealing outside of Ebay - and got stung.

Please read the initial post. I didn't think I was being clever. He agreed a lower price and took the page down. I asked if I should use BIN. He preferred his way.

JoeSaponic

bxboards wrote: »

More digging - JoeSaponic - go to 'About this Mac' on the machine you have and check the serial number - are the last 4 digits of the serial number SH2P?

(you don't need to write the s/n here, just a 'yes' or 'no' to this will suffice)

Yes. I've all ready tried this on Everymac.com and it isn't recognized.

JoeSaponic

bxboards wrote: »

I've seen the listing. And also saved a copy.

Could you give the spec of the machine you did receive?

I can tell you right now, this seller is selling a LOT of Apple items. This is absolutely a business sale, not a private sale.

Do make sure you also save a copy of that listing. Also retain a copy of all the other listings for Apple stuff, if the seller keeps trying to say this is a private sale.

A possible fly in the ointment is the business receipt. It gives my name, the price and the [incorrect date] but does not state what the item was. Mmmm.

bxboards

JoeSaponic wrote: »

Yes. I've all ready tried this on Everymac.com and it isn't recognized.

In that case, there is no doubt you simply have not been sold the item that was in the listing.

There is no doubt in my mind, having read the listing, and looked at the sellers listings that this is a business sale, not a private sale. This was arranged at distance, and you only saw the item once it was delivered, therefore this falls under Distance Selling Regulations. A seller could only claim this was a private sale, if this was a one off, personal sale, but it's clear given the HUGE numbers of Apple listings, this is absolutely a business sale.

I do note that the listing ended a few days ago - under DSR you have 7 working days to reject. I hope you have done so before today.

JoeSaponic

bxboards wrote: »

In that case, there is no doubt you simply have not been sold the item that was in the listing.

There is no doubt in my mind, having read the listing, and looked at the sellers listings that this is a business sale, not a private sale. This was arranged at distance, and you only saw the item once it was delivered, therefore this falls under Distance Selling Regulations. A seller could only claim this was a private sale, if this was a one off, personal sale, but it's clear given the HUGE numbers of Apple listings, this is absolutely a business sale.

I do note that the listing ended a few days ago - under DSR you have 7 working days to reject. I hope you have done so before today.

Yes. I contacted him first of all after five days had elapsed [since it's working days that count]. I noticed the important factor [wrong OS, fitting his 'misdescribed' criterion] the day afterwards, which is when he suddenly dispensed with his own returns conditions. The truly critical factor [not even the machine I bought, let alone the OS] I rumbled late last evening [just after midnight so early this morning in fact when I let him know]. Thanks for all your help by the way. It's much appreciated.

I should add that this chap claims to be mobile dealer, not a computer dealer, and that he was selling this for a work colleague, so it might be a 'one-off' in that sense.

Also I now understand that Everymac.com lists American serial/model numbers, so that might be why it failed me.

bxboards

JoeSaponic wrote: »

Yes. I contacted him first of all after five days had elapsed [since it's working days that count]. I noticed the important factor [wrong OS, fitting his 'misdescribed' criterion] the day afterwards, which is when he suddenly dispensed with his own returns conditions. The truly critical factor [not even the machine I bought, let alone the OS] I rumbled late last evening [just after midnight so early this morning in fact when I let him know]. Thanks for all your help by the way. It's much appreciated.

I should add that this chap claims to be mobile dealer, not a computer dealer, and that he was selling this for a work colleague, so it might be a 'one-off' in that sense.

At the point you need to talk to a solicitor, who I am sure will be happy to remind this seller of his legal obligations under DSR. Try to get a half hour free session, or talk to your CAB.

At the same time, write a Final Letter Before Action.

Unfortunately as this stage, you only have legal recourse. However you will win, if it comes down to that, but the seller will back down before that, as he cannot possibly win.

soolin

By the way if this goes to small claims does anyone know if I'd be compelled
to attend the hearing? I'm disabled. Just getting beyond the front door isn't
easy. Separate thread really I suppose but it's related so I'd appreciate
knowing if anyone can tell me. Thanks

I would think you would have to attend and your seller gets to choose where it is heard.

JoeSaponic

soolin wrote: »

I would think you would have to attend and your seller gets to choose where it is heard.

Really? That could be even trickier since we're about a hundred miles apart. Thanks for the tip though soolin.

JoeSaponic

bxboards wrote: »

At the point you need to talk to a solicitor, who I am sure will be happy to remind this seller of his legal obligations under DSR. Try to get a half hour free session, or talk to your CAB.

At the same time, write a Final Letter Before Action.

Unfortunately as this stage, you only have legal recourse. However you will win, if it comes down to that, but the seller will back down before that, as he cannot possibly win.

Thanks again bxboards. You and everyone have been so very helpful. Has he any escape in claiming that, since he was selling for a friend, he knew nothing about the machine or what should or should not have been on it, or further that it wasn't actually the model his sales page claimed? He's tried that all ready. Hence the 'sold as seen' line he's using.

bxboards

JoeSaponic wrote: »

Really? That could be even trickier since we're about a hundred miles apart.

That is great evidence for a Distance Sale though!