County Court Claims

hollydays

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 dabble in antiques and I know there are a lot of chairs about, " in the style" of Lloyd Loom , I also know a lot of people don't know the difference. This is not the same as a deliberate fake. The OP herself refers to ' a cheap alternative'. Had I been sourcing a Lloyd loom chair, knowing this, I'd have contacted the seller and said " Are you sure it's Lloyd loom , as there are many similar designs about".They could also have asked for some more close up photos. The OP hasn't exhausted the Ebay process yet, anywhere near. Sellers will try the " I'll give you partial refund, ", but there's no need to get upset over it. The OP does not have to accept the partial refund.Its that simple. I wouldn't even think of taking someone to court for £50, particularly when they have only just opened a return.

Manxman_in_exile

Busby67 said:

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?

I'm sure you won't agree, but I think "I certainly wouldn't take someone to court for that" (£50 less £10?) is a valid answer to your question as to how to proceed - and also quite a helpful answer.

But if I'd just paid £5k for a "good" fake Rolex, I might feel differently.

Busby67

Manxman_in_exile said:

Busby67 said:

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?

I'm sure you won't agree, but I think "I certainly wouldn't take someone to court for that" (£50 less £10?) is a valid answer to your question as to how to proceed - and also quite a helpful answer.

But if I'd just paid £5k for a "good" fake Rolex, I might feel differently.

I don't think anyone has actually properly read my original post where it clearly says I am leaving it with Ebay at the moment BUT if I am not able to reclaim the money then WOULD one entitled to take it to court to reclaim my £50. I haven't got ahead of myself, or got out of bed about it, as some people have suggested, I am purely asking in this instance if I am entitled to take it to court, ie, can I claim both the item and postage costs. Not do I want to, or whether other people would or wouldn't, AM I ENTITLED to claim postage. Simple as. I'll keep my fingers crossed that I get a straight forward answer. I must remember why I never use forums in future...

pinkshoes

Busby67 said:

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.  

Arranging your own courier has complicated matters...

In your eBay dispute for "Significantly not as described", make it very clear that the item is a FAKE so not as described, and that you would like the seller to pay for the item to be returned. State that you would also like your courier costs of £X returned. 

(DO NOT waffle in the dispute, as the staff will not bother reading all that. They just need the FACTS). 

The seller will then have to pay for return postage as well as refunding you the £50. To get your initial courier costs back it would be via a small claims court as I doubt the seller will pay this. It's up to you if it is worth it. 

As the seller will be having to pay £25 postage to get a £10 chair back, they might just refund the £50. 

Busby67

pinkshoes said:

Busby67 said:

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.  

Arranging your own courier has complicated matters...

In your eBay dispute for "Significantly not as described", make it very clear that the item is a FAKE so not as described, and that you would like the seller to pay for the item to be returned. State that you would also like your courier costs of £X returned. 

(DO NOT waffle in the dispute, as the staff will not bother reading all that. They just need the FACTS). 

The seller will then have to pay for return postage as well as refunding you the £50. To get your initial courier costs back it would be via a small claims court as I doubt the seller will pay this. It's up to you if it is worth it. 

As the seller will be having to pay £25 postage to get a £10 chair back, they might just refund the £50. 

Thank you for the reply, and actually basing it on the question I asked. I like the quote! It's like:
"There's a difference between knowing your !!!!!!, and knowing you're !!!!!!".