Just a very quick one for any of you ebay legal eagles out there and my appologies for being a bit cryptic....

 

 

Let's say that you bought something off ebay (for example a £10,000 secondhand Rolex watch) off a member called 'Fred' with an ebay account: fred's-watches

 

When the watch arrives you discover that it is a completely different style of Rolex watch to the one that was advertised, also the face is badly scratched.

 

Would I be right in assuming that following your rejection of the Rolex watch, the person that you would chase for the refund of your £10,000 would be the person who is the registered ebay member/ebay account 'fred's-watches'

 

*the fact that Fred's father (Brian) runs a shop in Bristol called 'Fred's Watches' is neither here nor there, as the responsibility lies with the ebay member as that is who the 'contract of sale' was with

 

does that make sense?

 

 

I'll carry this on in a minute....

if the item was sold as u say then its the account name/bank registered holder that is ...

 

however if you have opened a case on the terms of damaged it will need to go bk and Ebay should sort u the refund after 15>30days if he doesnt play ball

and it will come bk out of his account .... Ebay then chase him for payment

 

sometimes on high value items Ebay have a Temp hold over his cash untill he receives positive feedback

If it's not as described then you can legally get a refund, open up a problem with eBay and they chase the seller. As far as I know it's irrelevant who owns the watch it's the responsibility of the seller

if the item was sold as u say then its the account name/bank registered holder that is ...

 

however if you have opened a case on the terms of damaged it will need to go bk and Ebay should sort u the refund after 15>30days if he doesnt play ball

and it will come bk out of his account .... Ebay then chase him for payment

 

sometimes on high value items Ebay have a Temp hold over his cash untill he receives positive feedback

 

once any dispute is raised via Ebay, paypal put a hold on the cash to stop it leaving the account, the sooner you do that the better. though ebay them selves will refund you the cash if payed for through paypal, then they will chase the seller.

 

but yes its the seller on ebay not some out side 3rd party that gets chased / is responsible

Ok, so let's assume that Ebay are completely useless and inform you that they cover up to a maximum of £500 (that leaves you £9,500 short at best)

 

now let's assume that you didn't pay using Paypal (they're robbing bar stewards after all!) and you paid the full £10,000 by bankers draft

 

Ebay have no sway whatsoever....besides 99% of the time they wash their hands of disputes anyway

 

there are more questions by the way :biggrin:

Ok, so let's assume that Ebay are completely useless and inform you that they cover up to a maximum of £500 (that leaves you £9,500 short at best)

 

now let's assume that you didn't pay using Paypal (they're robbing bar stewards after all!) and you paid the full £10,000 by bankers draft

 

Ebay have no sway whatsoever....besides 99% of the time they wash their hands of disputes anyway

 

there are more questions by the way :biggrin:

 

Hope that this isn't the case matey, sounds like you could be in a sticky situation

Ok, so let's assume that Ebay are completely useless and inform you that they cover up to a maximum of £500 (that leaves you £9,500 short at best)

 

now let's assume that you didn't pay using Paypal (they're robbing bar stewards after all!) and you paid the full £10,000 by bankers draft

 

Ebay have no sway whatsoever....besides 99% of the time they wash their hands of disputes anyway

 

there are more questions by the way :biggrin:

 

cant you have a word with the bank that issued the bankers draft, i dont really know about bankers drafts, but you are only really protected by using paypal as its part of ebay, only other option would be small claims court.

Small claims court only covers upto 5k.

 

However, speak to citizens advice, as eBay is technically an intermediary between the buyer and seller - and thus may possibly be legally responsible.

Im assuming this all relates back to the Rex? lol.

 

and I think you could be onto a winner....

Im assuming this all relates back to the Rex? lol.

 

and I think you could be onto a winner....

 

 

I have a meeting this Thursday with my solicitor....let's just say....I haven't bought a Rolex off ebay

 

but worst case scenario, if I had (paid for the Rolex :biggrin:) and I couldn't get my £10,000 back, then I would at least have a claim on the damaged £3,000 Rolex that was rejected (and in Fred's posession still) rather than being left high and dry with sweet football association..

u buy an rx-7 then

u buy an rx-7 then

 

I've forgotten what I bought mate, it's been so long

Good luck mate.

 

I think you have found a much better way of looking at it, and presenting it there.

 

It was bought from an individuals account. Who happened to be a private seller, selling on behalf of his partners company.

 

I hope you win this man. If you got your cash back which was more than 10k iirc. what you going to do? more to the Zed? or invest in another car or put it down as deposit on another buy to let? lol.

 

So many options, and such a lot of cash. Wish you the best. Also I know your in Hereford, but maybe sometime we can arrange a meet in the midlands, so a few of us from north and south can meet up. Would love to see your car in the flesh, it looks insane. In a good way of course!

Good luck mate.

 

I think you have found a much better way of looking at it, and presenting it there.

 

It was bought from an individuals account. Who happened to be a private seller, selling on behalf of his partners company.

 

I hope you win this man. If you got your cash back which was more than 10k iirc. what you going to do? more to the Zed? or invest in another car or put it down as deposit on another buy to let? lol.

 

So many options, and such a lot of cash. Wish you the best. Also I know your in Hereford, but maybe sometime we can arrange a meet in the midlands, so a few of us from north and south can meet up. Would love to see your car in the flesh, it looks insane. In a good way of course!

 

 

I don't know....there's a nice looking Rolex on ebay :biggrin:

 

but yep, definately up for a meet in the Midlands mate

Good luck hope you beat Fred at his own game...

Yup, really hope you win this bud.

by law at what point does 'change of ownership' actually take place?

 

is it when you pay for the item or when you take delivery of the item?

I say you get hold of someone with skills that they have aquired over a long career and a high intellect to settle this out of court. No body is untouchable they are just complacent. :)

Hey Buddy.

 

Just spoke with my sister.

 

She said if Fred was advertising the vehicle, and payment was received by Fred's dads company, Which later went into liquidation / bankruptcy. Then there should be a Bankruptcy / Liquidation Certificate and Number.

 

Your solicitor should be able to contact the official receiver of said company (with the Bankruptcy number), who has dealt with the liquidation. If the receiver did not get the car, then it and its payment would not be included in the bankruptcy, meaning Fred AND his dads company would be prosecuted by the Government for fraudulent bankruptcy.

 

Despite you rejecting the Rolex, it still belongs to you until you have a replacement or refund, and thus Fred would not have been entitled to sell it on either - thus it should have been made available for the Receiver if he hadn't put it into your name.

 

Would you happen to have the "Serial Number" of said rolex, i.e similar to chassis number / registration plates on cars? This way it would speed things up with the Receiver, instead of having to check multiple Rolex's to find out which was the one in question.

 

 

HTH.

by law at what point does 'change of ownership' actually take place?

 

is it when you pay for the item or when you take delivery of the item?

 

As per the Sale of Goods Act 1979 (as amended)

 

(Made Simple)

 

Soon as payment is made, The buyer and seller have a contractual agreement. This applies multiple legislations soon as payment is received.

 

1> The Seller, Must provide the buyer with the goods agreed, fit for purpose, in a suitable state of repair, as described. (unless specified prior to receiving payment - Only way to prove is with a copy of the advertisement)

 

2> If the seller does not meet the above requirements, they must a> Refund, b> Repair, c> Replace - without any inconvenience to the buyer.

 

3> These conditions last for six years. Wear and Tear is not covered, and unto the point of six years, any refunds could be hit by a wear and tear charge, meaning, a full refund would not be available (in your case you never received the goods, so wear and tear does not apply)

 

I know you have a solicitor looking into this, and he is going to know much more than me. I only know the basics in comparison. However, the law does state the vehicle is technically yours, and it is better than nothing. Despite being a huge loss. So ask the solicitor to get you the vehicle from the official receiver. If the receiver never received the vehicle, it didn't belong to the company, and the person your chasing, is no longer a bankrupt business :P

You need to get Dom Littlewood. I would defo Sky+ it :)

Relevent paperwork has been submitted to DVLA.....I mean Rolex :biggrin: and it's still in UK (so not shipped overseas) and is currently un-taxed (tax was due 01/01/2010). Therefore if it was originally taxed July 2008 and assuming 6 months, then that would have expired December 2008. It would then most likely have been taxed for 12 months which would run out December 2009....and hasn't been taxed or seen by any other member of the RX7 clubs/forums..

 

I've been told that I should have the details of the current registered keeper within the week, and I suspect that it will still be Fred's name on the V5 (or friend/family) and I suspect that the item in question is stowed away in a garage/barn somewhere, unless it's been broken for parts that is.

 

Assuming that the 1992 version was not a copy, and that there only ever was one version (albeit listed as 3 years newer/bodywork in shit state and with a dodgy engine that had lost 200 horses overnight) then the opinion is that something in my posession is better than nothing, despite the fact that it would most likely need a good £10,000 pumping into it in order to bring it up to spec.

 

Payment was handed to Fred personally (bankers draft) but at his request (I have the emails) the bankers draft was to be made payable to Fred's dad.

Sounds like he knew what he was doing.

 

You got pics of the Rolex you should of got and the one offered upon payment?

 

Would love to see them, I have a real love for Rolex's lol.

 

email addy HERE

plus if its still registered to him / family or friend, then it wasn't received by the receiver. meaning that its not in the bankruptcy! Woot :D

Sounds like he knew what he was doing.

 

You got pics of the Rolex you should of got and the one offered upon payment?

 

Would love to see them, I have a real love for Rolex's lol.

 

email addy HERE

 

 

I'll fire them all across to you lunchtime mate (it'll be an overview as I have about 3 complete files on this) :blink:

 

you'll see how the original advert from the guys/company in Japan are word for word and photo for photo, those of the UK based company (although the UK company make a few corrections and add more detail ie. first registration date...1995?)

Awesome mate, problem with a dodgy Rolex aint it, you expect a smooth sweeping rotor, thats the whole point in a Rolex lol.

 

Good luck again. Speak later :D