freddie0

I've used this before myself as well, thanks. I've responded to him again, after discussing with Trading Standards this morning. Advised that we(they) are confident that he is acting as a business seller given the number of alloy wheel transactions carried out since Christmas alone, and the content of the adverts (4 sets left etc.) Asked him to supply the delivery details so that I can apply the labels and then he can arrange collection after this evening. Goods will be photographed and packaged correctly so that no further issues arise. Advised him that if any money is taken from the refund then I will seek to recover the cost, plus any additional costs this may incur in doing so. Oddly enough it appears he also managed to sell the same wheels to someone else on the same day as well with the same advert, so he had 2 sets that had 'just done 300 miles on his demo car".

Quick question but when you pay your membership do you get some sort of pack with these in or something?

Ahhh, a response. he now claims that the Sale of Goods Act doesn't apply to him as he is only a private individual, not a business. I suppose a dozen set of alloys this year (with ads stating 'only 4 sets left) doesn't make you a business, nor the fact that your address is the same as the Kent wheel supplier that sells the new wheels that you get your 'ex-demo's' from?? Says he will arrange the collection - then deduct the cost off my refund!

Sent reply through Ebay this morning but had no response yet. Boxes appeared OK externally on delivery, and as wheel repair specialist said - he finds it very unusual for such damage to two wheels and just the outer rim, nothing on the inner rim at all?! On another/similar note, we have a section to recommend garages and services but what about a name and shame, a 'bad experience' section?

Thought I'd give it one more shot. Spoke to Trading Standards today and the courier issue is irrelevant. Under the Sale of Goods Act the goods re faulty and he is totally liable for a full refund and the cost of returning the goods. Plus he should issue the refund immediately (within 30 days) even before the goods are returned (Distance Selling Regulations). Have sent this back through Ebay along with copies of the actual messages he sent, not the false info that he put into his Ebay submission. Lets see what comes back now.

Was thinking of calling his bluff on the placement offer. He previously dismissed it to me directly but through EBay he said he had offered to replace them? But then again, could I be bothered with the hassle or trust him to send the right wheels, right size, and not damaged etc....

Couple of points. His ad only says 'no refunds' but this cannot count in the case if damaged goods anyway and he has no mention of seller having to pay any return postage. Also there was no packing at all in the boxes. Every courier company says there has to be bubble wrap or other suitable material therefore I doubt they would entertain any claim given this anyway. Almost as if it was packed this way for a reason?? As you say - this is a professional? You think I should just take the hit and pay the return then?

I had nothing off him by email, then got this tonight via Ebay from the claim: 'a full refund is being offered once the wheels have been returned and i have checked them myself. you are liable for the return cost as you are responsible for signing for the delivery stating that item had been checked and was un damaged. i do not usually refund items and have been as helpful as possible but unfortunately some people seem to want more than they are entitled to. like i stated i will refund the full amount £190, once i have the item returned to myself. you have until friday 8th of march to return the item for a full refund. thanks and just to clarify i offered you help towards repair and two new replacement wheels and a refund over the phone so opening this case is quite pointless and a waste both our times considering this was caused by damage in transit by the courier that you did not check for before signing the paperwork, maybe this will make you learn to check things in future rather than getting other people to take in your deliveries.' What he hast put here is false. He did NOT offer two new replacement wheels as he stated they were too expensive at £110 each (total sale £190). The cost of repair was £50 per wheel plus £100 per wheel for re-finishing, at the cheapest it would have cost £150 up to £300, and he offered £50 towards repair. He offered only a £175 refund to me on return, not the full £190. On the courier signing issue. I have stated to him that my elderly disabled parents would have been unable to physically check the goods, even if they had been given the time. Had they checked the goods it is unlikely they would have noticed the damage themselves. I advised him that couriers are usually open to discussion on issues within a day or so providing there is sufficient insurance in place, and sufficient packaging - there was nothing in the boxes other than the rims, no bubble wrap or anything. I also stated that the wheel repair specialist queried how such force could be applied by a courier to cause such damage, and why only to the outer part of the rims? In addition to this I quoted Ebay regulations on DSR: The Consumer Protection (Distance Selling) Regulations 2000 generally apply to sales to consumers made by sellers acting in the course of a business, which have been made at a distance (in other words, where there's no face-to-face contact between the seller and the consumer before the contract is made). The Distance Selling Regulations apply to items purchased via Buy it now listings and Second Chance Offers on eBay.co.uk. However, they don't apply to auction-style listings on eBay.co.uk. These regulations provide a period of 7 working days after the date of receipt within which the consumer can cancel the contract (often referred to as the "cooling off" period) and get their money back, including the original postage and packing charges. The consumer may be asked to return the goods at their own expense, but only if the seller informed them of this requirement before the contract was made (otherwise, the seller is responsible for collecting the goods). So whilst he is now offering the full refund (though threatening a time limit for return), do I have to pay the courier costs for return or should it be collected and paid for by him? I do now have strong suspicions that the goods could well have not been damaged in transit but possibly the damage was present before the items left in the first place!

As they say - if it's too good to be true........... £150 for 4 Dotz Tupac alloys, nearly new............should have guessed really! Claim raised.

My only concern is regarding Ebays policy that says: The Distance Selling Regulations do not give sellers a right to withhold money or offer partial refunds. However, the buyer is legally required to take reasonable care of the item. If you find that the buyer has not done this, you may be able to enforce your legal right in court He could claim that the boxes weren't checked properly when delivered, but signed for therefore I am liable in that way?

Any idea how long it takes for them to get back to you? He is wanting a response tomorrow