Ebay seller refusing to refund after selling a faulty car bumper

[Guest]

Hi this is my first post. last month i bought a car bumper on ebay. the seller said 48 hours shipping but shipped it 2 weeks later. i sent my car and the bumper for fitting to the bodyshop once i got the item. the mechanics called me the next day and told me that the bumper was faulty as it does not fit the car model even though the seller claims on his listing that all products are tested. so i notified the seller stating that the mechanics find the bumper to be faulty and what is the next step... he says i should go fix it my self that he's not responsible. this is someone who trades on ebay and not a private seller. i contacted consumer direct and they said that under sale of goods act 1979 if i find the product to be of not satisfactory quality and unfit for purpose i should be able get my money back and loss and damage as the body shop will charge me for storing my car till i find another bumper.

luckily 2 days later i was able to get another bumper and the car is now all done.

 

i went and opened a case with ebay resolution center, and i stated my facts and instead of posting the photos of the faulty item i gave the seller links to the item i posted on flicker thinking then ebay too can see the state of the item. the seller was a total bully was stating that he will get hold of my phone number one way or the other. i just told him payup and collect your faulty item or i'll see you in small claims court. (on ebay i only requested for the original item i paid for, i didn't ask him to pay for the damages or anything)

so the seller kept sending me msg's stating that i've got no case so i left him a negative feedback, then he agreed to pay me the money and pick up the item at his own expence if i remove the negative feedback.

so he sent me the refund offer through ebay and i accepted it and he sent me an option to revise the feedback and i did. after that he went back and refuse to pay again and said there's nothing i can do about it or will see my money. ebay doesn't seem to be bothered.

how do i make a claim through small claims court for the money and the extra charges and the mechanics have already agreed that incase of court action they'll be happy to come and testify to the quality of the bumper that was sold.

[perplexity]

It is not so clear what exactly it means, "so he sent me the refund offer through ebay", but the upshot would seem to be that the story describes a criminal offence and the evidence to prove it is available, so I'd be discussing this with the Police, or pursuing a private prosecution if the Police or Trading Standards let you down.

 

8)

[electron99]

Can you not go back and re-instate your negative feedback?

[IdaInFife]

do you mean he offered a refund, you them closed the dipsute (wihhout the refund) and he backtracked?

Edited August 14, 2010 by IdaInFife
fat fingers on keyboard

[Conniff]

Get a screenshot of the webpage where it states it is for your car, you might need this later.

 

You need to answer the above questions.

[Kraken1]

I doubt the police would be interested. I'm not sure what criminal offence might have been committed, but am happy to be corrected.

 

Suing is fairly easy, basically filling in a form (which can be done online) and paying HMCS a few quid, but answer the above questions and we can advise more fully.

[Guest]

thank you all for the replies when i said a refund at the top what i meant was the refund agreement that can be sent through ebay resolution center.

and the sender has 3 days to make a refund through payapl. and i have in writing all these. as usual stupid ebay is only bothered about getting their seller fees. they said eventhough it's against their rules to commit feedback extortion there's nothing you can do about it. i don't even know why they even bothered to put that extortion is taken very seriously and will be dealt with according to ebay regulations if they turn around and tell me they don't know what to do about it...Sigh!!! guess i will think 10x before renewing ebay membership once it expires.

 

 

Any how i'm now in the process of sending off the documents to the local county court. i just have a few questions and would be great if you guys can help me out. when i'm filling the n1 form do i make blank copies and fill only mine and send to court or fill 1 form and take 3 photocopies?

and can i post the form or do i need to visit the court counter in person and submit and if i post it do i make the payment in a postal order or what?

and finally the evidence that i have does it need to be submitted to the county court too and since the seller has given me with a trading address and my claim is for a fix amount do i need to make the claim against the person and the trading address i paid on paypal or directly to the trading address, because i want to avoid the case being transferred to the defendants county court incase a court appearence is required.

 

thanks all. have a nice weekend.

Edited August 26, 2010 by wannafreeze

[Kraken1]

Right. depending on your claim you might be able to do it online - google mcol. You can pay by card.

 

If you are doing it in person, go to the courts service website and download the pdf n1. You can't save it but you can paste in the text and then print as many as you want. Pay in person, post a cheque. Personally I'd deliver by hand. It is not unheard of for them to return posted versions, or not issue them because of some perceived problem. Often incorrectly. You need to ride them.

 

What is the evidence? you will almost certainly not need to send anything with the n1. That will come later after the allocation questionnaire.

 

You might not be able to avoid the case being transferred to the defendant's home court, unless they are a trader it is likely that this will happen automatically.

 

I'm not sure I quite get what you are asking with the trading name thing - can you clarify?

[Guest]

by trading address what i meant was that on ebay i was only able to get the name and the address of the name of the company but not an individual's name. but on paypal when i made the payment it showed the name of a person.

so when making the claim do i put the company or the trading address or do i put the name of the person on paypal, since in most cases all these traders open an ebay account in their name but put their partners details as the payee on paypal...

and as you mentioned above to avoid the case being transffered to a different county.

[perplexity]

What is the status of the company?

 

Registered at Companies House?

 

Trading Standards should be looking into this. eBay should have helped and you shouldn't have to go the extra mile to sue a seller. The Consumer Protection from Unfair Trading Regulations apply.

 

[Guest]

hi, i checked on the companies house and i was able to find a ltd compnay registered under the same name, but has a different address and a location. so i'm not 100% sure if it's the same company....

Edited August 30, 2010 by wannafreeze
typo