TV not delivered - eBay seller (Business)

bigbulldog

DCFC79 wrote: »

I do enjoy threads like these, some good posts.

Me too,but post after post you see threads appear I am entitled to compensation and this just goes to prove how bad the claim culture is in the UK now.

You got a full refund,the seller has no control over courier .

If I were you I would buy it from a high street retailer then at least you could take it back to them if it went faulty rather than posting it back,but imagine it never arrived who then would be responsible you the courier or the original seller .;)

evilskanker

bigbulldog wrote: »

Me too,but post after post you see threads appear I am entitled to compensation and this just goes to prove how bad the claim culture is in the UK now.

You got a full refund,the seller has no control over courier .

If I were you I would buy it from a high street retailer then at least you could take it back to them if it went faulty rather than posting it back,but imagine it never arrived who then would be responsible you the courier or the original seller .;)

It isn't about claim culture. It's about a simple breach of contract. Consumers are protected for a reason and enforcing (or as I am doing, simply exploring) those rights is, in my opinion, completely reasonable.

The seller will have a contract with the courier and should be able to reclaim at least the price of the TV. They should, as I would imagine any prudent business should, have some insurance which would protect them in the event of occurrences such as the one that has happened here.

If the courier loses an item, the party that arranged the courier should, in my opinion, be liable. They will have a contract with the courier and should be protected in it.

Money-Saving-King

The TV wouldn't have happened to be graded stock would it? 90% on eBay are. Therefore it wouldn't be like comparing it to brand new.

Even if it wasn't graded I can't believe you want £400 back when you only paid £300. Sounds very much compensation culture to me.

bigbulldog

As OP has already posted he thinks he is entitled to the extra money,so he can get the tv at retail price,so In a nut shell it is as he wants more money from the seller as they cannot provide another tv due to it being out of stock.

He got a full refund and should not expect anymore it's the fault of the courier not the seller.

gb12345

evilskanker wrote: »

Consumers are protected for a reason and enforcing (or as I am doing, simply exploring) those rights is, in my opinion, completely reasonable.

But unfortuntely for you the SOGA which provides that protection doesn't provide for consequental losses.

I think you would also be out of luck with small claims as they don't deal with damages, which is what you are trying to claim. Obviously, you could see a solicitor and look at taking the seller to "proper" court, but you would need deep pockets for that.

mattyprice4004

So not only does the seller have to chase the courier for compensation, they now have some numpty trying to con them out of another £100?

Lets hope karma gets you when you also suffer misfortune... just take the refund.

CoolHotCold

Most couriers won't cover the full price paid, if it's a business seller and do many deliveries with the courier then they probably have a agreement that deliveries lost or stolen the courier will only pay what the retailer paid for the item, not what it sold at.

So the retailer only gets the price of what they paid for the item, not what it sold for, and the seller has to shoulder all consumer rights while the courier company gets away with it.


Take the refund, it's bad luck you lost a deal because of the courier, but don't take it further, it just makes everyone's lives harder without actually doing anything to the courier company who is fault.

amcg100

Small point - but any legal relationship with the courier is with the seller. There is no contract between the buyer and the courier. All references to the courier are therefore irrelevant. Since the seller failed to deliver the goods they have breached the contract with the buyer.

Lokolo

evilskanker wrote: »

It isn't about claim culture. It's about a simple breach of contract. Consumers are protected for a reason and enforcing (or as I am doing, simply exploring) those rights is, in my opinion, completely reasonable.

The seller will have a contract with the courier and should be able to reclaim at least the price of the TV. They should, as I would imagine any prudent business should, have some insurance which would protect them in the event of occurrences such as the one that has happened here.

If the courier loses an item, the party that arranged the courier should, in my opinion, be liable. They will have a contract with the courier and should be protected in it.

Yes and you have been fully refunded for that. But why should you deserve any more than that? You shouldn't. You haven't financially lost out from this transaction.

It is about the claim culture. I assume as you haven't financially lost out in this situation the extra money you have is going straight to charity?