Need legal advice on the following matter.

 

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&rd=1&item=270211095956&ssPageName=STRK:MESO:IT&ih=017

 

The above link is a set of wheels I have sold on eBay. They were bought by a gentleman who came to collect in person. The gent declined to take the wheels with saying they were damaged. He had paid over Paypal so when he got in requested his money back. I escalated it to a claim on his behalf to let Paypal to sort it all out.

 

As I left my parents to greet the buyer I couldnt speak to him so all communications have been electronic.

 

My stance;

The ebay advert clearly states: "They are in excellent condition, with no major kerbing to the edges bar one of them is bent and will need refurbing(pic upon asking), but they are genuine solid wheels.

¬¬Wheels sold as damaged/bent.

 

The price paid (£117) reflects that a 2piece light-weight racing alloy was damaged.

 

Paypal claim has fallen in my favour and I have been granted the money which was on hold.

 

My Worries;

Buyer has contacted me regarding escalating the matter further to Small Claims.

 

I have described the wheels as BENT but also I have put in need to refurbing and from my search the primary definition is;

¬¬Verb 1. refurbish - make brighter and prettier

 

Repair would have been a better word.

 

How would the courts take everything?

 

 

Sorry to have strung this out but I would rather ask here than pay for legal advice straight away.

I dont know of any way of describing a bent wheel other than using the word itself but im not a lawyer.

I dont know of any way of describing a bent wheel other than using the word itself but im not a lawyer.

 

there is no otherway to describe it mate , thats the best decription of a bent wheel:D

let him take it to the small claims court, he hasnt got a leg to stand on. he will have to pay ALL court costs on top as well, so would be well out of pocket. he would be stupid to even consider it.

The guy must be a bit stupid anyway, paying by paypal then collecting himself. I would ALWAYS pay cash if I was collecting.

 

You seem to have made the situation clear in your ebay ad so I wouldn't be bovvered if I were you, I can't see the guy winning through the court......after all, the court understands plain English.

The wheels were described properly, and he has'nt read it properly, let him take it to court, you'll win hands down!!!

i Agree you would win in court , no problems to save a bad argument and the hastle would you consider going 50/50 on the cost of the repair of the wheel with him and then let him take the wheels , he has still got a bargain and you dont get th ehastle of havingto apear in court ..just an idea mate

 

hope all goes well with it anyway

 

Steve

I still have the wheels though as he chose to leave them at my house. Shall I now pay out of my pocket to have them delivered to him or just keep them at mine?

Update:

Now the claim through Paypal has gone my way and the money awarded to me. He has said the Transaction is Unauthorised and I must either give a full refund or provide Paypal with a shipping Tracking Number for delivery of goods(Which I dont have because the ass wanted to collect in person). Shall I spend £20 to get £117 or what?

remember, the wheels now belong to the buyer seeing as he has paid for them. if hes paid postage, then send them to him, then its up to him what he does with them.

yes. send them to him. dont keep them. or your the one ripping him off. send them.

But he didnt pay postage and chose to leave them at my house?

But he didnt pay postage and chose to leave them at my house?

 

 

right. have you been in touch with paypal ?, if not, give them a ring and explain to them whats happened. they will advise you what to do.

Ive been looking for a telephone number but I cant find one anywhere :S

Scrap the above, I am blind.

No you should let him come back and collect them if not just leave them where they are till he does not your fault he is an idiot, and dont worry about him claiming off you if ebay thought you was wrong you would not of got paid so you won already.

see it this way, if u win the claim, and keep the money, he gonna be pissed off????

 

also he must know where u live? if he was going to collect????

 

even though he IS in the wrong, putting myself in his shoes, if you took my money i would make sure i got my money back, or cause you more then triple the cost in damages.

 

best to try resolve direct with him? even if u agree he pays for the listing on ebay and for you to put another advert on??????

 

its up to you what action you take.. good luck...

if he has'nt paid postage then he has to either pay you the postage or collect in person. Just put that as a response the paypal claim.

 

Up to him them.

 

£20 sounds too cheap though for posting, will weigh around 50kg for 4 wheels and would be a large parcel.

putting myself in his shoes, if you took my money i would make sure i got my money back, or cause you more then triple the cost in damages.

 

 

 

yeah, thats a great way of looking at it :nono:. bit of advise, which you should know being involved in martial arts, NEVER underestimate anybody, it may be something you regret in the end. that attitude or behaviour would NEVER work on me at all.

 

at the end of the day, its was the buyer that fooked up, and now trying to blame the seller, thats not on.

Jazzy - If it happens, it happens. What sort of country would it be if everyone was scared to do the right thing?

 

Just got off of the phone to Paypal. They have added notes to the file saying that I would be willing to post at my cost and are positive the money will once again fall into my hands as it is obvious the Transaction Was Authorised.

yeah, thats a great way of looking at it :nono:. bit of advise, which you should know being involved in martial arts, NEVER underestimate anybody, it may be something you regret in the end. that attitude or behaviour would NEVER work on me at all.

 

at the end of the day, its was the buyer that fooked up, and now trying to blame the seller, thats not on.

 

na, i am just saying, i know he is in the wrong (the buyer)

 

but the seller said : Shall I spend £20 to get £117 or what?

 

therefore both as bad as each other really. one trying to do one over on each other.

 

buyer doesnt wanna buy it now. and seller doing his most to force the sale.

 

this way the buyer would be pissed off too...? dont u agree? rather to get the matter resolved as i mentioned otherwise like i said i'd be well pissed off?

 

also -"Jazzy - If it happens, it happens. What sort of country would it be if everyone was scared to do the right thing?"

 

right thing is cool. escalate your claim. and you will hopefully get it resolved in your favour.

 

come on guys, i was just looking it at it as a 'realistic' scenario?

anyways, dont wanna go off topic...sorry.

do you have his number .........?? contact him you are both adults it should be easy sorted , either way you are in the right stand your ground he is the person with the grievence because he did not see or understand the advert ,, i would ask for delivery fee from him then post them to him unless he wants to collect in person , ...

 

be as good a seller as you can and keep copies of all transactions and communications , but your probably already doing tha t

 

steve

just food for thought, have you contacted the next bidder? (at £115) to see if still interested. saves all the time and agro going to court. i know there are a lot of people out there who dont read the adverts on e bay correctly. hope you get it sorted.

i Agree you would win in court , no problems to save a bad argument and the hastle would you consider going 50/50 on the cost of the repair of the wheel with him and then let him take the wheels , he has still got a bargain and you dont get th ehastle of havingto apear in court ..just an idea mate

 

hope all goes well with it anyway

 

Steve

 

I wouldn't offer anything if I were you, making an offer to help with repair costs would compromise your position as it might be seen as you admitting some responsibility. You're in the right so stick to your guns.

 

I've claimed for unpaid rent through the small claims court but I don't remember having to go to court, it was all done on paper. They sent the bailiffs in and I got my money including costs.

Ive been looking for a telephone number but I cant find one anywhere :S

 

theres a supprise.

 

ebay is poo at this sort of thing.

 

 

small claims will side with you advertising as is described.