How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I bought an item on ebay that was advertised as working but

Resolved Question:

I bought an item on ebay that was advertised as working but needed a new fitting. Bought the item, bought the fitting, item did not work.
Seller requested quotes to fix to consider. Getting the part, getting the quote to fix all took about a month and then the seller offered to refund in email if I sent it back and they would pay 2 weeks later when accountant returned from holiday
I did now the seller is saying that ebay rules states items had to be returned by 60 days for them to refund on my behalf.
Seller won't refund and has the item despite promising to refund.
Is this still covered under normal sale of goods act and nothing to do with ebay policy? I have them agreeing to refund if returned?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know how much the item was and if you have the sellers name and address please?
Customer:

The item was a coin counting machine at £275, it was from a charity hospital radio for which I have the address.

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Customer:

Many thanks.

Ash and other Law Specialists are ready to help you