Ebay oddity? DSR problem.

fretmeister

randomhandclaps said:

martinw said:

DSRs only apply to businesses.

That's true, but the sales of goods act does apply for a sales contracts whether business or private.  That is the reason EBay offers buyer protection in the case of private sellers so as to alleviate an avalanche of private cases causing bad publicity and possible restrictions from the DTI.  They are not offering you any more than you legal right, it's just they enforce it in such a black and white manner that they almost always find in favour of the buyer as it is easier and the seller has little room to appeal it.

Four rules apply to private sales -

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)  (This is the tricky one)
4. Goods sold by sample, the goods must correspond to the sample in quality (s.15)

Number 3. is virtually impossible to enforce in private sales and is the only one where the defence of 'the buyer had the opportunity to inspect it on collection' would hold any sway.

 

While the majority of the sale of goods act applies to all contracts for sale of goods, Section 14 only applies to sales made in the course of a business and not private ones.

randomhandclaps

fretmeister said:

 
While the majority of the sale of goods act applies to all contracts for sale of goods, Section 14 only applies to sales made in the course of a business and not private ones.

Sorry, yes, that's why I highlighted above but having re-read it it wasn't particularly clear and during a dozy Sunday got away from me.

boogieman

The buyer physically inspected it. He had every chance to say something at the time, but didn't. He rode it home and could have said something when he got in, if there was a problem with the frame size for instance. Again,he didn't. 

Ergo: tough titty. I wouldn't even bother replying to this chancer.

Sporky

I had a bit of a skim of eBay's policies, and it seems that by inspecting in person and paying in cash he's given up any opportunity to make a claim.

My (largely unfounded) suspicion is that he's trying it on, and probably does this a lot.

Myranda

I also think he's trying it on - trying to get £100 back on a £175 purchase is bloody cheeky. Which leads rather effectively to trying it on.

Only reply was to say that we're sorry he wasn't completely satisfied, but that he had ample opportunity to examine the bike, frame size was clearly printed on the bike, and that my mother definitely received it brand new from the shop in 2011 so had no reason to doubt it was an up to date model. Then pointed out that the DSR don't apply for a host of reasons (all listed) but that we're happy to answer any further questions.

eBay has a fairly weird system for things like this though - an automated web page system that the default option of which is give £X in partial refund. No "enter defense here" or similar system. Just a page that seems to assume the poor innocent buyer has been ripped off by the Satan-worshiping-mass-murderer-seller and that no possible different portrayal of events is going to be considered. eBay is a bit of cock in this respect I think.

Fazer

there is no distant selling regulation here, they didnt buy it from a distance they bought it in person.

ebay cant refund anything as it was a personal cash payment, ebay can only do this with paypal payments

Myranda

Hmm just seen his second email... getting cross and grumpy with the bugger now.

"...take responsibility..." and "not legally or ethically defensible" 

No mention of taking more than double the DSR 7 day period while still hiding behind said regulations... grrr.

ICBM

Don't back down regardless of what pseudo-legal moral blackmail nonsense he tries. He hasn't a leg to stand on. He came and saw it, inspected it, bought it, end of story. No part of the DSRs apply.

If he's getting aggressive I certainly wouldn't even open discussion on any kind of refund, that's the sort of thing that gets you into a long and time-consuming argument and ends with you being ripped off.

He's clearly trying it on because if the bike really wasn't fit for the purpose he bought it for, he would be asking for a return and full refund - but I wouldn't even offer that now.

randomhandclaps

What bollocks.  As ICBM says, just ignore him.

Drew_TNBD

Ignore the cunt.

randomhandclaps

Drew_fx said:

Ignore the cunt.

Good advice I know a lady who works on film sets as a makeup artist.  She says that during breaks Tom Cruise would regularly chant "Ignore the cock" to himself - whilst not exactly the same this approach seems to have brought him great success.

Sporky

Myranda said:

Hmm just seen his second email... getting cross and grumpy with the bugger now.

"...take responsibility..." and "not legally or ethically defensible" 

No mention of taking more than double the DSR 7 day period while still hiding behind said regulations... grrr.

Either do not respond, or just a simple "The answer is no. There will be no further discussion." Nothing more.

Preferably, though, just block his email and do not reply.

Myranda

Blocking email isn't an option as it's going through the ebay resolve a problem system.

Bogwhoppit

Tell him to get on his bike....

not_the_dj

I agree that he hasn't got a case, but if he's raised this via ebay they'll be a date when it needs to be settled by....or (well I'm not sure what actually happens after that). I'm not sure what ebay will do once that date passes and they still have it listed as an unresolved dispute.

Sporky

As he collected in person, inspected the bike and paid cash, eBay will tell him to get stuffed.

Myranda

I'd love to see a legal letter drafted with the words "get stuffed" *sigh*

randomhandclaps

Pedicabo off would probably be the legal term in that case.

fretmeister

I once saw a letter from a very senior lawyer to an opponent

Dear Sirs

Regarding your letter of the 7th.

Bollocks.

Yours faithfully....

The opponent did report him to the Law Society and he did get a 're-education' letter, but it was clearly worth it!

That was a good 15 years ago. I doubt he'd get away with it now.

viz

randomhandclaps said:

Drew_fx said:

Ignore the cunt.

Good advice I know a lady who works on film sets as a makeup artist.  She says that during breaks Tom Cruise would regularly chant "Ignore the cock" to himself - whilst not exactly the same this approach seems to have brought him great success.

Wasn't it "respect the cock"?