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Fellow lawyers help please! Contract / Misrep... and dreaded ebay.

(3 Posts)
ishopthereforeiam Fri 21-Sep-12 13:01:42

I (v foolishly) purchased an "antique" on ebay for several hundred pounds. The item was delivered by a courier A which I arranged and paid a deposit for. Courier A broke a leg of the chair when delivering and signed a written statement to that effect. Courier A did not request the balance, and I did not pay it(!). I have paid to have the leg repaired and asked courier A to pay the balance between what I owe for delivery. Courier A is refusing and says I should pay the balance I owe before they will entertain paying repair costs. I don't think I'll see them for dust as they are not a reputable company at all (more fool me for booking them), would set off apply here (not sure as it may be freight which has special rules)?

On repairing the item, the refurbisher has confirmed the item is not antique at all. I told the seller and they asked me to open a case via ebay which I've done but looks like I will have to pay courier B's return costs (circa £60). What would happen if they say they will not refund me because the item was damaged (even though I have paid to have it repaired to a v high standard)? Do I have a claim for misrep?

Have issued small claims via moneyclaimsonline before and "happy" (not really but cannot afford to be out of pocket!) to do so again if needs be.

TiA

Kazlondon Tue 25-Sep-12 20:05:38

If the seller has sold you an item stating 'its age' or 'its an antique' which is false then thats misrepresentation and all sorts of consumer rights kick in if the seller is a company.

Ebay may resolve this and get you a refund, but I am not sure if they will arrange damages for repairs and couriers. This you may have to arrange with the seller yourself through pre-action letters threatening to reject the goods because not as agreed....

The courier breaking the item is an annoying complication, but you can either demand refund of difference between what you have paid and actual value if wish to keep it, then repair work irrelevant or if want to return this you say repaired, at your cost, but rejected as soon as aware false so returning item in as good a condition as you can. If they try to off-set damage you can bring in insurance/courier or pursue them separately, but best to try and off load onto the seller completely as item wasn't fit for purpose anyway

I would send a pre-action letter - we do this if want help

ishopthereforeiam Sat 29-Sep-12 16:30:47

Thanks Kaz, I'll see how I get on through ebay and then prepare a pre action letter. Will drop you a line if I get stuck but have prepared a few in the past so will have a stab.

Really appreciate your advice.

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