Bought ink cartridges off eBay for recycling but received no Tesco points - can I sue

yz324

Here is what happened:

I wanted to buy these empty ink ink cartridges off eBay and send them off for Tesco points. They were sold in bulks of 100 and I wanted 300. I contacted the seller and asked for a discount. The seller gave me a 9% discount provided I dealt off eBay (bought 300 for £300). I realised I have purchased 200 cartridges off this seller last year and that went rather smoothly (he posted the cartridges to me), so I agreed.

Here is the thing: he sent off the cartridges to the recycle factory for me (presumably it is cheaper, as he can use the free post) and I got no points. It turns out this seller has sent many cartridges on other people's behalf previously and it violates the policy of the recycling factory.

Now, since I did not buy on eBay, he ignored all my attempt to resolve the issue. I have tried to use Paypal resolution centre, but they ruled against me (not to my surprise, I did not really write much when I claimed, because I thought it was just an attempt to communicate to the seller. I did not know he could escalate it without me having another word.)

The thing is: the seller refunded everyone who bought off him on eBay (you can see this from reviews)

My question is: I am planning to sue him in small claims court. I would like people's opinion if they think I have a realistic chance of winning. If so, on what ground should I sue him and how can I find out his address? (I know he is from Edinburgh)


here is the eBay link to the item:

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=131203218499&ssPageName=ADME:X:RTQ:GB:1123

Also do people think I should report him to eBay?

celestius

yz324 wrote: »

Here is what happened:

I wanted to buy these empty ink ink cartridges off eBay and send them off for Tesco points. They were sold in bulks of 100 and I wanted 300. I contacted the seller and asked for a discount. The seller gave me a 9% discount provided I dealt off eBay (bought 300 for £300). I realised I have purchased 200 cartridges off this seller last year and that went rather smoothly (he posted the cartridges to me), so I agreed.

Here is the thing: he sent off the cartridges to the recycle factory for me (presumably it is cheaper, as he can use the free post) and I got no points. It turns out this seller has sent many cartridges on other people's behalf previously and it violates the policy of the recycling factory.

Now, since I did not buy on eBay, he ignored all my attempt to resolve the issue. I have tried to use Paypal resolution centre, but they ruled against me (not to my surprise, I did not really write much when I claimed, because I thought it was just an attempt to communicate to the seller. I did not know he could escalate it without me having another word.)

The thing is: the seller refunded everyone who bought off him on eBay (you can see this from reviews)

My question is: I am planning to sue him in small claims court. I would like people's opinion if they think I have a realistic chance of winning. If so, on what ground should I sue him and how can I find out his address? (I know he is from Edinburgh)


here is the eBay link to the item:

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=131203218499&ssPageName=ADME:X:RTQ:GB:1123

Also do people think I should report him to eBay?

How long ago did you buy and did you use paypal (not gift payment)

yz324

celestius wrote: »

How long ago did you buy and did you use paypal (not gift payment)

Yes, I used Paypal (hence the paragraph resolution centre did not rule in my favour). It just says I sent him a payment on Payal. Did not mention anything about gifts.

The transaction took place on 25/06/2014.

shaun_from_Africa

yz324 wrote: »

Also do people think I should report him to eBay?

Why? You stated that the sale wasn't made through ebay so there is no reason to report anything to them.

I don't think that you have a valid paypal claim either.
You purchased 300 used printer cartridges and the seller supplied these and if you agreed to them being sent directly to the recycling depot then the seller has fulfilled their part of the transaction.

By buying the empty cartridges in order to obtain Tesco clubcard points, you breeched many of the terms and conditions of the offer, so personally I don't see that you have any reason for a refund.
http://www.therecyclingfactory.com/wp-content/uploads/pdf/Tesco_Clubcard_Terms.pdf

There is a limit of 100 inkjet cartridges per household per calendar year (January – December).

This is a consumer only scheme for inkjet cartridges used for personal use.

Any customer suspected of purchasing cartridges from commercial websites will be in breach of these terms & conditions as cartridges have been purchased in bulk and therefore cannot be deemed as personal use.

I honestly can't see that you will have a realistic chance of winning any legal action.

campdave

yz324 wrote: »

Also do people think I should report him to eBay?

You dealt of ebay to get a cheaper deal and now you want them to step in?

Sounds like you were trying to diddle the system and it didn't work out. For shame.

arcon5

Can't he recover the cartridges if the recycling center hasn't accepted them?
You asked him to deliver to x address, I wonder whether this would actually be considered fulfilled or not if they have arrived?

arcon5

Further complicated by this in the description

You are purchasing 100 used empty ink cartridges. You are not buying any tesco clubcard points or a guarantee to receive any.

So if he sent them to the recycling center, they have received them and refused you the points on the basis you are breaching their terms then I wonder if you even have any rights

arcon5

Also, you grossly overpaid. His feedback is showing one person as having paid £45 for 100..

yz324

arcon5 wrote: »

Also, you grossly overpaid. His feedback is showing one person as having paid £45 for 100..

Those are only worth 50 points each. My point is that he refunded other people, but why can I not get a refund? Is the advert not misleading?

yz324

shaun_from_Africa wrote: »

Why? You stated that the sale wasn't made through ebay so there is no reason to report anything to them.

I don't think that you have a valid paypal claim either.
You purchased 300 used printer cartridges and the seller supplied these and if you agreed to them being sent directly to the recycling depot then the seller has fulfilled their part of the transaction.

By buying the empty cartridges in order to obtain Tesco clubcard points, you breeched many of the terms and conditions of the offer, so personally I don't see that you have any reason for a refund.
http://www.therecyclingfactory.com/wp-content/uploads/pdf/Tesco_Clubcard_Terms.pdf






I honestly can't see that you will have a realistic chance of winning any legal action.

Yes, yes, but my point is that he advertised it in a way such that when sent to the recycling factory, points will be awarded. Moreover, he refunded other people who had the same problem and bought on eBay.

yz324

campdave wrote: »

You dealt of ebay to get a cheaper deal and now you want them to step in?

Sounds like you were trying to diddle the system and it didn't work out. For shame.

Oh I am not expecting them to solve the problem for me, just to make sure he get banned by eBay as a seller.