In battle with 2 businesses over a damaged TV, what are my consumers right?

Ibl0010

Assuming it was damaged by the courier company, can the impact of the damage caused: 1) contents on half of the screen to be dark. 2) 13cm wide inky black mark bar from top to bottom on one side of the screen.

societys_child

It's possible that could be caused by impact damage during transit.

IAmWales

Ibl0010 wrote: »

No I am not ignoring the advice you guys have given but just seems they are fobbing me off some how.

The goods left their premises without a fault.

How exactly are they fobbing you off?

lovinituk

Ibl0010 wrote: »

Seller not responding to my messages via eBay but I have managed to make contact through main sales website.

The person I managed to get an answer from yesterday via a sales web site told me that the company sells tv to the employee as a bonus and he then sell the TV off eBay. They told me they have cctv and have given authorisations to the employee to release cctv footage of the TV i bought been dispatched in the condition it was described on ebay. I am now contacting seller on ebay demanding for this footage but no answer.

I was told the ebay seller name that sold me the TV on ebay but the name I was told and the name on the eBay legal information section is different.

Assuming the company itself sell TV to their employees as a bonus to sell off, the seller on ebay is trading under similar name to the actual company I managed to get a reply frome. Likewise, the trading address the person is using on ebay is the same as the trading address on the main sales website.

Is it likely that an employee can trade under similar name and same address as the company they work for. Something sounds fishy.

As mentioned by another poster that is all irrelevant.

You didn't conduct the transaction through eBay - you took it off eBay and paid by direct Paypal. eBay doesn't come in to it now.

What a company does with their employees on eBay has nothing to do with your transaction.

You've messed up in so many ways; not going through eBay, paying by Paypal friends/family, arranging your own courier. All the protection you could have had you have forfeited.

Your only route of action now is small claims court. Everybody here seems to agree that you haven't got a cat in hells chance of winning against the seller because you closed that door by arranging your own courier.

However nobody here is a judge sitting in a small claims court. If you feel you have enough evidence to persuade a judge to side with you then go for it. The general consensus here appears to be you will lose.

You might have more chance in trying to prove that the couriers terms were unfair particularly as they took your money and carried a prohibited item anyway. I have no idea. Proper legal advice might be something to consider but could get expensive with no guarantees.

lovinituk

Ibl0010 wrote: »

just seems they are fobbing me off some how.

Its not a very convincing legal argument is it?! Do you think a small claims judge would be swayed by that 'evidence'?

Ibl0010

@I am wales. How do you know that the goods left the premises in a good condition with no evidence. Fact is there is no evidence to back that up. Apparently there is a cctv footage of the item been dispatched in the condition it was described. If such footage exist, it will rule the seller out of the equation. Just wanna get to the bottom of the issue but the seller is not even replying to my messages show me the footage. You can't say you can prove something and you have been authorised to release it but when I message to see it. I get no reply back. Can you understand why I am a bit cynical.

powerful_Rogue

Ibl0010 wrote: »

@I am wales. How do you know that the goods left the premises in a good condition with no evidence. Fact is there is no evidence to back that up. Apparently there is a cctv footage of the item been dispatched in the condition it was described. If such footage exist, it will rule the seller out of the equation. Just wanna get to the bottom of the issue but the seller is not even replying to my messages show me the footage. You can't say you can prove something and you have been authorised to release it but when I message to see it. I get no reply back. Can you understand why I am a bit cynical.

You have no legal rights to see the footage, so the company ignoring you (although not great customer service) is not in the wrong.

Plus, what would the CCTV show? I'm guessing it will be from a distance and show a box.

Likewise, how do you know the goods left the warehouse in a damaged condition?

Your only option will be to go to court. Who you take will be your choice. However if you take the retailer, they will simply say "We inspected the goods prior to handing them over to the customers agent and the television was not damaged". How will you counter that argument?

Unfortunately, I think you will have to mark this down as an expensive mistake. (How much was the TV?)

IAmWales

Ibl0010 wrote: »

@I am wales. How do you know that the goods left the premises in a good condition with no evidence. Fact is there is no evidence to back that up. Apparently there is a cctv footage of the item been dispatched in the condition it was described. If such footage exist, it will rule the seller out of the equation. Just wanna get to the bottom of the issue but the seller is not even replying to my messages show me the footage. You can't say you can prove something and you have been authorised to release it but when I message to see it. I get no reply back. Can you understand why I am a bit cynical.

On the balance of probabilities, it is reasonable to assume the goods left in good condition, the seller does not have a history of misdescribing goods so there is no reason why he should now. There is no requirement for them to prove beyond reasonable doubt, which seems to be what you are asking.

You're grasping at straws. You need to accept responsibility here and stop trying to blame others.

Ibl0010

How am I blaming others (I am wales), I am simply trying to get to the bottom of the situation. Would you not do the same or just accept it just like that.

IAmWales

Ibl0010 wrote: »

How am I blaming others (I am wales), I am simply trying to get to the bottom of the situation. Would you not do the same or just accept it just like that.

I'd accept that I made an almighty mess up by arranging a courier with no insurance coverage.