ebay - b2b sales, contracts + small claims

[williamchosen]

Hi - I'm having problem with a trader on ebay who sold me a projector that wasn't as described. He accepted the return, but now is severely dragging his heels over refunding the money (over £1600, and it's been 2 months now). Going through ebay dispute didn't work, in fact it seemed to just make him angry and now he's saying he won't pay the money back until it's "absolutely necessary". He has even posted some false negative feedback saying I was a late payer (I wasn't, I paid up the next day!). I might need to take him to court, but after calling london consumer direct I'm not sure how it works.

 

The problem is I bought it through my small business. This apparently means I don't have the same rights as a typical consumer in that the sale should be according to the contract between us. Trouble is, we didn't specifically make out a contract (do people normally do this?). Is there a standard ebay contract that is implied when people buy things through ebay (in a business-to-business trade?)

 

He is trading as a registered ltd company so it's definitely b2b.

 

I have been advised to first write a letter but I'm not sure exactly what to say in it. As it stands he has both a) my money and b) the useless item so somewhere along the line he's got to have breached a contract but, specifically, which one?

 

many thanks, mike

[Jaynekul]

I dont see why you wouldnt have the same rights to bring a civil action in the small claims court as anyone else. I have had a lot of problems with ebay & when it says you are protected if pay by Paypal it is a complete misnomer. They found in my favour when I bought a phone that was faulty but then couldnt force the seller to refund my money for whatever reason. If you go onto the forum for Ebay they have people on ther who are very helpful about what you can do. Post this same query there & they will come straight back to you

[Delta-NC]

A simmiliar thing happend to me two years ago. I'm still chasing the money.

[Guest 10110001]

Even if you used paypal, did you pay by CREDIT card? If so, you can get a chargeback under Section 75 of the Consumer Credit Act 1974.

 

If you paid by debit card then ask your bank for a chargeback form. Say the goods were not as described and you have returned them to the seller. If the seller is whtholding your funds then they are committing a criminal offence under Section 2(1a)(b) of the Fraud Act 2006. Collect your documents together, print a hard-copy along with the legislation and hand it in at a police station.

[IdaInFife]

Hi William,

 

Follow what 10110001 has advised. Hopefully you paid by cc.

 

 

How did you pay?

 

on what date?

 

did you send it back trackable?

 

 

Idax