threats from ebay buyer

[Incognito]

why is this incorrect?

Ebay has a link to report messages that are threatening or SPAM - what is wrong with me reporting the messages from this person?

Nothing, reread my post and look at the exact statement of yours that I quoted.

[minestrone]

Ask him if he sleeps with his brother.

[TestMangler]

why is this incorrect?

Ebay has a link to report messages that are threatening or SPAM - what is wrong with me reporting the messages from this person?

What exactly do you think Ebay will do ? This is NOT an Ebay transaction. It's a private sale.

I bought something once from a guy a in a pub and it didn't work. Perhaps EBay will sort it out for me.

[MarillionFan]

What exactly do you think Ebay will do ? This is NOT an Ebay transaction. It's a private sale.

I bought something once from a guy a in a pub and it didn't work. Perhaps EBay will sort it out for me.

Really? Excellent. I had a problem with a car I bought off Loot recently. What's the number for Ebay support???

[diesel]

What exactly do you think Ebay will do ? This is NOT an Ebay transaction. It's a private sale.

I bought something once from a guy a in a pub and it didn't work. Perhaps EBay will sort it out for me.

agree, but he is using ebay systems to contact me, and quoting ebay are in full support of his rights!

[Paddy]

No that's not why they do it. Quick basics on law of contract.

I want to sell something, lets say a 2 for 1 voucher, I offer it for sale at £50 (this is called invitation to treat)
You come along make and say 'I'll buy that for £50' (this is called the offer, the 2 for 1 voucher and the £50 is the 'consideraton').
I say 'done (this is acceptance).

Binding contract. Doesn't matter if this is a private transaction between two individuals or me going into Dixons and buying a TV. This is how it was for hundreds of years. Now we're in the EU, it changes slightly as we have to introduce European consumer protection directives into UK law.

Most important statute in contract, The Sale of Goods Act 1979 [SGA].

Four main protections for buyers:

1. The seller must have the right to sell the goods ( S.12)
2. Goods sold by description must correspond to the description (S.13)
3. Goods must be of satisfactory quality (s.14)
4. Goods sold by sample, the goods must correspond to the sample in quality (s.15)

Point 4 relates to goods sold in the course of a business (just so you completely understand the distinction this means NOT sold by a private seller, however S.15 is not important to your quick round education).

Moving on to buying from a business (note BUSINESS) the SGA is reinforced by the Unfair Contract Terms Act 1977 [UCTA]. Note, S.1(3) of UCTA defines a business as:

(3) In the case of both contract and tort, sections 2 to 7 apply (except where the contrary is stated in section 6(4)) only to business liability, that is liability for breach of obligations or duties arising—

(a)from things done or to be done by a person in the course of a business (whether his own business or
another’s); or

(b)from the occupation of premises used for business purposes of the occupier;

and references to liability are to be read accordingly but liability of an occupier of premises for breach of an obligation or duty towards a person obtaining access to the premises for recreational or educational purposes, being liability for loss or damage suffered by reason of the dangerous state of the premises, is not a business liability of the occupier unless granting that person such access for the purposes concerned falls within the business purposes of the occupier.

They make the distinction between private and business sales for a reason. In private sales a seller can exclude liability for the terms contained in the SGA. However, in business sales the exclusion of liability is subject to UCTA. S6 of UCTA provides that a business can never exclude liability arising from ss12-15 of the SGA in a consumer sale, so for instance when you sell a private car and put on the receipt "sold as seen and inspected" you are actually excluding S.13 . A trader (i.e. a business) is not allowed to do that.

**This bit is really important**

Part 5A of the SGA provides for 'ADDITIONAL RIGHTS OF BUYER IN CONSUMER CASES' (the clue is in the name) and gives the consumer additional rights when buying from a business, i.e. NOT FROM A PRIVATE SELLER

So whilst shops don't have to exchange items if you change their mind (* I'm not going to confuse you here by mentioning the Distance Selling regs), however they do have to replace or repair items not as described and/or faulty.

But what happens if the voucher clearly stated “not transferable” or someone was selling and unused air ticket or a an unused football ticket with lots of T&Cs?

[MarillionFan]

agree, but he is using ebay systems to contact me, and quoting ebay are in full support of his rights!

Diesel. You've had your five minutes and now I'm carrying out my advice to you.

Diesel. **** off!

[eek]

agree, but he is using ebay systems to contact me, and quoting ebay are in full support of his rights!

Because he's a muppet, you're a muppet and you are both acting as muppets. Either reply to him and tell him to sod off or refund him the money.

Either way apart from Paddy who seems to want to talk half baked consumer law I don't think anyone here is interested in your failed con tricks.

[TestMangler]

Really? Excellent. I had a problem with a car I bought off Loot recently. What's the number for Ebay support???

Think EBay support is 1-800-TOUGH SH1T

The OP has obviously never tried to resolve something with Ebay support. If he had, he'd refund his buyer double and give him a free gift just to avoid the extreme stress caused by trying to communicate with these dummies.



OP, like you've been told already... And this is multiple choice, except c) which is compulsory

a)Refund your buyer and get over it.
b)Refuse to refund your buyer and deal with it.

c)F**k off and give us all peace.

[SueEllen]

Because he's a muppet, you're a muppet and you are both acting as muppets. Either reply to him and tell him to sod off or refund him the money.

Either way apart from Paddy who seems to want to talk half baked consumer law I don't think anyone here is interested in your failed con tricks.

WHS

And The Sale of Goods Act (as amended) doesn't apply to private sales.

The only thing that applies is the Mispresentation Act.

In future if you advertise something via ebay then make sure you do everything via ebay otherwise use GumTree, CraighsList or your local pub.