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Ebay scammer, S2000 Hardtop problems..

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Old 10-12-2005 | 12:11 AM
  #21  
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The actual arrival of the goods is irrelevant in this case. They are not fit for purpose. It falls foul of a bunch of UK law, including the one you are all taking about, s.75 of the Consumer Credit Act.

If an item is purchased, suppose a TV and week one, the TV breaks when powered on, the Act provides protection for the buyer. ie OMGVTEC could sue the credit card company in addition to the supplier or instead of the supplier, ie, severally liable.

Problem, here is he is in Canada and I haven`t got a feckin clue how that bit will work!
Old 10-12-2005 | 12:13 AM
  #22  
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click
Old 10-12-2005 | 12:13 AM
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Yeah but my point was that to claim it's not fit for purpose you have to either not accept delivery in the first place or return the goods, no? You can't claim something's not fit and then keep it anyway

(E&OE IANAL etc)
Old 10-12-2005 | 12:14 AM
  #24  
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Originally Posted by StevenM,Oct 12 2005, 08:10 AM
If the transcation was caried out using email ..... i.e. you have emails stating that the carriage was insured and by crate and that the fitting kit was included as part of the sale then you shouldn't have a problem getting the money back from the CC company.
You'd be surprised Steven, email is particularly unhelpful in the dispute process due to the way it is so easily manipulated.

I found this when dealing with Paypal.
Old 10-12-2005 | 12:17 AM
  #25  
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Yeah! but from my experience paypal are fcuking useless.

Last time I did a chargeback I sent the emails, including the headers, to the CC company.

Job done
Old 10-12-2005 | 12:19 AM
  #26  
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[QUOTE=grahamb,Oct 12 2005, 08:13 AM] Yeah but my point was that to claim it's not fit for purpose you have to either not accept delivery in the first place or return the goods, no?
Old 10-12-2005 | 12:40 AM
  #27  
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Originally Posted by cheshire_carper,Oct 12 2005, 09:11 AM
The actual arrival of the goods is irrelevant in this case. They are not fit for purpose. It falls foul of a bunch of UK law, including the one you are all taking about, s.75 of the Consumer Credit Act.

If an item is purchased, suppose a TV and week one, the TV breaks when powered on, the Act provides protection for the buyer. ie OMGVTEC could sue the credit card company in addition to the supplier or instead of the supplier, ie, severally liable.

Problem, here is he is in Canada and I haven`t got a feckin clue how that bit will work!
Does that apply to second hand goods bought privately?

I would be tempted to just return the top to the seller and do the chargeback. The damage and missing parts will then be his problem and as he caused them it's the fairest solution
Old 10-12-2005 | 12:42 AM
  #28  
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Is the fit for purpose thing under the Sale of Goods Act? The act must stipulate where it applies to? Not sure what the date of the act was. Long time since I did mercantile law
Old 10-12-2005 | 12:57 AM
  #29  
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@ private sale. Course it is..d'oh. All bets are off
Old 10-12-2005 | 02:09 AM
  #30  
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Do the charge back via the CC company involve PayPal but don't wait for them.
I said Credit Card company requires goods to be returned, you make them openly available for collection by the seller at his expense, state they will be available for a reasonable time (14 days) and after such time they will be disposed of (fixed and put on your car).

Job done it's how I did it with a Modem supplier who supplied 2 modems 1 fecked 1 worked, I got refund for both and 14 days later had a FREE modem to play with as they failed to collect!


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