County Court Claims

Busby67

I would be grateful for any advice in respect of a possible claim and what rights I have before I pursued a possible small claims court action.

I bought an item from eBay, a Lloyd Loom chair, advertised as a Lloyd Loom chair, a particular and credible manufacturer. On arrival the chair is actually a similar make but was manufactured as a cheap alternative to Lloyd Loom. 

I wanted the chair to complete a set and do not wish to keep the item. 

I have opened the relevant return requests on ebay and have contacted the seller directly to try and come to an arrangement. 

I chose to arrange courier collection of the item myself at a cost of £27.79. This actually ended up £2.79 more than the seller was quoting for delivery. 

The seller initially offered me a £10 discount which I refused and said I believe I should be entitled to a full refund of all my costs as the item was not as advertised, although I have said I will not claim the postage I paid, only that which was quoted by the seller of £25. 

Hopefully this can be arranged by Ebay but it is normal for the buyer to pay the seller for postage and I am not convinced ebay will be able to assist. 

If not, and the seller continues to refuse to refund me the full costs then would I be entitled to make a claim though the small claims courts for the total costs of £50, on the grounds that the seller has sold an item via false advertising, although they claim unintentionally, which has meant that I have paid a purchase price and postage cost for an item I don't want?
I have contacted the Small Claims Court advice line but the auto response makes me think they will not be able to legally advise and that any advice may be a while in coming as they are working on minimal staffing at present.  

hollydays

I think it's a very understandable mistake for the seller to make. If you couldn't tell the difference in the photo, and there were no identifying marks. You seem to be overreacting .Now you've opened the case, why communicate with the seller directly . Has he accepted the return? I can't really understand how you, only on delivery , realised it wasnt Lloyd loom. This is why I only ever offer collection only on furniture .

Busby67

Overreacting? The chair is cheap copy worth £10. It's cost me £50 all in. Maybe as the seller advertised it as Lloyd Loom, categorised it as Lloyd Loom and described it as Lloyd Loom, I'm guessing it was... Lloyd Loom.The seller has offered a £10 refund, leaving me £40 out of pocket. If you'd be happy with that, crack on mate. 

hollydays

I certainly wouldn't take someone to court for that.

Kattekwaad

hollydays said:

I certainly wouldn't take someone to court for that.

The seller advertised a lloyd loom chair but it wasn't a Lloyd Loom Chair.

If you had bought Rolex for £5k and and they sent you a very good fake would you take it in the chin?

However if the ad said something like Lloyd Loom style chair then you are stuffed op.

Busby67

 Kattekwaad said:

hollydays said:

I certainly wouldn't take someone to court for that.

The seller advertised a lloyd loom chair but it wasn't a Lloyd Loom Chair.

If you had bought Rolex for £5k and and they sent you a very good fake would you take it in the chin?

However if the ad said something like Lloyd Loom style chair then you are stuffed op.

I agree and as there are so many Lloyd Loom STYLE chairs advertised Inwas careful to check the wording and all through the ad it stated clearly LL. 

Busby67

Kattekwaad said:

hollydays said:

I certainly wouldn't take someone to court for that.

The seller advertised a lloyd loom chair but it wasn't a Lloyd Loom Chair.

If you had bought Rolex for £5k and and they sent you a very good fake would you take it in the chin?

However if the ad said something like Lloyd Loom style chair then you are stuffed op.

I think Hollydays is too busy on here to be taking that action. And if you would just let that go, you've got more money than sense. I'm guessing....

JJ_Egan

Why ask if you are just going to rubbish peoples opinions ??

waamo

You've just opened a dispute with eBay and you are thinking about court before that has been resolved? If that's correct you are getting way ahead of yourself. Court should always be an absolute last resort and not the first thing that jumps to mind. 

It will be far quicker and easier to try all the possible alternatives before jumping in with a claim. 

You are correct in your thinking that the claims advice line does not provide legal advice. They provide assistance with the mechanics of a claim such as telling you which form to use or the fees payable. They do not provide legal advice.

Busby67

JJ_Egan said:

Why ask if you are just going to rubbish peoples opinions ??

Because if you read my question i am looking for advice about how to proceed not someone who just replies "well I wouldn't do that".
We can have a whole debate about if you would or wouldn't and go off at a complete tangent but how is that going to help?

Busby67

waamo said:

You've just opened a dispute with eBay and you are thinking about court before that has been resolved? If that's correct you are getting way ahead of yourself. Court should always be an absolute last resort and not the first thing that jumps to mind. 

It will be far quicker and easier to try all the possible alternatives before jumping in with a claim. 

You are correct in your thinking that the claims advice line does not provide legal advice. They provide assistance with the mechanics of a claim such as telling you which form to use or the fees payable. They do not provide legal advice.

Yes I thought that may be the case. I'm not jumping in though, I'm leaving it to Ebay at the moment but as you said I'm looking at all the alternatives at the moment. I'm certainty not getting way ahead of myself, just looking at all the possibilities so I know where  I stand and if this course of action is available. I can always then say to the seller that I would be willing to take that course of action in the knowledge I wouldn't be talking crap.