Ebay seller - Henleys watch- silver rubbing off - County Court case looming

[newmoses]

I purchased a Henleys watch from an Ebay seller in October 2014, brand new, boxed, and with tags.

 

 

Within 2 months, the silver coating was rubbung off either side of the winder,

around the top and bottom of the case, and around the underneath, showing a copper colour.

 

I contacted the seller who ignored me.

I then sent the watch back to the sellers address.

I got a reply stating that the seller gives 21 days warranty,

and that I should return the watch back to the manufacturer.

The seller finished by saying that he returned the watch back to me.

 

Fast forward to this month, when I have asked on 3 occasions for proof of posting and the tracking number.

So far, no response.

I have never received the watch back.

I then threatened to sue in the Small Claims Court.

Again no response.

 

A summons is now in force.

 

All of a sudden, the seller replies saying that the Sale of goods Act does not apply to him.

I replied saying it does as she is the retailer..

 

..In the meantime,

I have tried googling the manufacturer of Henleys watches for a contact number/address, but have not found anything

 

Does anyone on CAg have any contact details for Henleys watches please???.

 

Also, am I correct in saying the SoGA does apply to the seller, or is the internet shopping a different law??

[dx100uk]

try this

 

 

dx

[ssparks2003]

Looking at the cost and general avaiability of Henley watches, I would make the guess that they are made in Henley upon Yangtze.

 

You are best to chase the seller

[Anus Horribilis]

I then threatened to sue in the Small Claims Court.

Again no response.

 

A summons is now in force.

 

A summons against who? For what purpose? By application of who?

 

A defendant to a small claims track case would not be summonsed, the case would simply proceed in their absence. Perhaps a key witness who was refusing to attend?

 

Anyhow, this was over a month ago - presumably you've won your case by now?

[newmoses]

I have a County Court case looming over an item I purchased from Ebay, but was not what it was portrayed to be.

 

I gave the retailer a few chances to sort the issue, but they declined.

 

I threatened to sue them in the county court.

 

They still refused so I took a summons out against them.

 

They decided to put in a defence.

 

The case is due in county court in Liverpool in June.

 

Can I ask for the case to be heard in my absence as i don't want to rack up travelling expenses, parking charges, etc.

 

 

I can send all the documents I want to be used and the witness statement to the court for the Judge to decide the outcome.

 

 

If I can do this, do I need to fill in a specific form, or just write a letter?.

 

 

Any help would be greatful.

[Dookist]

Good Luck! Not sure if it's a good idea, tempting though it is, as the Judge may have questions to ask you and if you're not there to put your case, he may decide in your opponent's favour instead...

[BankFodder]

Yes, I'm afraid that there is probably very little you can do. If you don't attend the hearing then you are likely to lose. I'm afraid that probably should have factored this in when you were deciding whether or not to bring your claim.

 

On the other hand, you describe the defendant as "a retailer". Are they on eBay trader? If so then the case should have been transferred to your local court and you can still ask for the transfer.

 

If it is not clear as to the status of the eBay trader then you should look up his feedback and see whether most of this feedback is gained as a seller rather than a buyer.

 

If you find that he is mainly a seller then you can take it that he is a commercial trader. If he has not made this clear in his eBay profile then this will also be a black mark against him.

 

I think you need to give us more details.

[newmoses]

Many thanks for the input,especially from bankfodder.

 

The retailer is a trader on ebay.

 

He sells, but does not buy

 

I purchased a brand new watch from him that started having faults after just 2 months.

 

He ignored 3 emails from me and only responded after I threatened county court action.

 

However,

he refused to repair, replace, or refund under the Sale of goods Act 1979 which places the onus on the retailer, not the seller.

 

I also quoted the "Consumer Contracts (information,Cancellation, and Additional Charges)Regulations 2013 to him, but to no avail.

 

He stated that he gives 14 days to return the item if it is not wanted, or 21 days guarantee.

 

To cut a long story short,

he flatly refused to have anything to do with it,

so I took out a summons against him...

..It is due for hearing at Liverpool in June.

 

If I can have the case transferred to Nottingham county court

 

,how do I go about it

 

who do I contact,

 

what forms do I need to fill in etc.

Many Thanks

[Andyorch]

Threads merged...please stick to one thread per matter.

 

Andy

[dx100uk]

ideally you should have researched what bringing a court case would actually entail

since you mentioned it in january

[newmoses]

Bankfodder,

 

Can you please enlighten me on being allowed to have this county court case transferred to Nottingham.

 

The county court in Birkenhead does not know that this issue is an Ebay item/Ebay seller.

 

Do I ring Birkenhead county court and explain that it is an Ebay issue and so it should automatically be transferred to Nottingham

 

.Or do I have to fill any specific forms in ?.

 

Also, is there a law I can quote with reference to Ebay issues being automatically transferred to the claimants local county court?

 

.Many thanks in advance for any help.

[Andyorch]

You can only transfer it to your local county court as Claimant if the defendant is Ltd company.

 

 

Andy

[newmoses]

I don't know if cash exchange are a limited company or not.

 

I googled the name and it comes up with their address,

103 Wallasey road,Wallasey, and states that they are pawnbrokers.

 

However,

if i asked cash exchange or Tim Bradley if it were a ltd, company,

I somehow don't think I will get a reply...

 

.I have also got his defence docs.,

and in it, he states,

 

"The watch is not faulty, it is the coating that is at fault"

 

...An admission from Tim Bradley himself that the coating is faulty.

[ericsbrother]

look them up using duedil dot com. If they are a limited company all of the details will be there, address, directors, accounts etc.

[newmoses]

Well,it looks like the retailer thinks he does not have to adhere to anything the court orders...........Both parties had to send copies of all documents to be used by no later than 14 days before the court hearing.That 14 days was by the 20th may.I sent mine to the county court and they were signed for on 15th may......I also sent the exact same copies to tim Bradley at Cashexchange.They were signed for on 17th May....So far,i have not received any documents from him, so i drafted a letetr to the court explaining that I have received no documents from Tim Bradley, and therefore requested that the court enters judgement against him and award me what I am claiming.The letetr was sent last friday and was signed for the following day........I suppose I just have to wait for a reply now.