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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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I would like legal advice with regard to claiming a

Customer Question

I would like legal advice with regard to claiming a refund of the purchase price (£500) that I paid for an in-car entertainment system which proved to be faulty from date of purchase. The trader that sold me requested I return the item for a replacement to be supplied to me but since returning the item the seller will not communicate with me and appears to intend to keep the item and not replace it or refund my money. What can I do?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Did you buy this online please?
Customer: replied 3 years ago.

Yes I purchased the item via ebay. The seller is a registered business and ebay member.

Expert:  Jo C. replied 3 years ago.
How long ago did you purchase?
Customer: replied 3 years ago.

October 2013

Expert:  Jo C. replied 3 years ago.
Thanks

This should be covered by PayPal/eBay buyer protection. Have you reported the issue to them?

How did you pay for it?

How long after you bought it did you return it

How long after you bought it did you report the problem?

Is it from a trader or a private seller?

Is it new?
Customer: replied 3 years ago.

The item was purchased as a brand new item. The item was discovered faulty from the time it was installed in my car. It was first returned within a month of purchase and returned to me within a week of its return supposedly having been repaired but still had the same faults. Indeed it was now worse than before it was returned. I have contacted both ebay and paypal but because the 45 day money back guarantee period offered by both ebay and paypal had lapsed since purchase they both inform me they can no longer offer me assistance.

 

The seller is a registered business.

Expert:  Jo C. replied 3 years ago.
Thanks.

You have no option it would seem than to issue small claims court proceedings against the seller in these circumstances.

The seller is in breach of the provisions of the Sale of Goods Act in that the goods are not of satisfactory quality or fit for purpose.

Here is a link to the small claims court service where you can issue legal proceedings online

www.moneyclaim.gov.uk

You have already given the seller fair warning, so I would be inclined to issue small claims court proceedings without further notice.

The normal procedure is that litigation is transferred to the defendants local court except if the defendant is a limited company.

Once proceedings are issued therefore, you need to write to the court asking for the proceedings to be transferred to your local court and not the defendants court on the basis that you are consumer and the seller is acting in the course of a business. The proceedings are initially issued from Northampton and then transferred to a local court.

Alternatively, you can file the forms with your local court along with a covering letter asking for it not to be transferred to the defendant's home court for the reasons I have already given you

Can I clarify anything for you?

Jo