Wednesday, July 28, 2010
Non Paying Bidders. CCJ's
As with a lot of private sellers on eBay I get a little more than annoyed when people win items and then refuse to pay (for whatever reason).Under UK law when someone wins something on eBay, they form a legally binding contract to purchase that item.This, if needed, can be enforced very easily, and at minimal cost.For example - recently a friend listed a car on eBay, the car had an engine fault so it was described as having a large clicking sound and said that he thought it was serious but the bidders SHOULD inspect BEFORE bidding.As per normal, on eBay, none did, and the car was sold for 1550.A guy then came to view the car, then, after 5 minutes said 'no, sorry, I do not want it - it's more of a knocking than clicking'.The seller told him that he had had enough of non-payers on eBay and that he may take action to enforce the buyers bid. That he should have inspected the car, asked a question or even asked to send the noise in an email.The bidder said 'so sue me'So my compadr did, and less that a week later the bidder collected the car and paid 1670 (120 court fee) and this is how it was done.Firstly, tell the person in writing either by email or letter, that if they do not pay for the item you will issue a summons,then, if they do not pay go to... Money Claim Online (Search in Google as eBay will not let me display the link)This is run by the government and is a simple way of issuing a County Court Summons.You have to pay a fee (from 30 upwards, depending on amount claimed).72 hours later the summons lands on the buyers doorstep and then 95% of people pay straight away in fear of court action.If they do not, then simply request a court date (this again is done on line).You go to the court on your allocated day (solicitors costs not allowed) and fight your case.There is one simple fact to remember, the buyer had formed a legally binding contract to purchase the item.Even if they argue that the item that was for sale was different than described, they have no rights to use that as a defence (Claims that the item is 'not fit for purpose' etc. is only dealt with by Trading Standards and the OFT, not the court)Under UK law they must (100%) complete the contract. Any court in the land has to follow this principle and find in your favour.Once they have paid and received the goods, they could then reject the goods as 'not fit for purpose' etc but they have to have evidence.I have used this method myself and won each and every time, only 1 went to court and the defence was chucked out.I discovered this when a friend was taken to court by a fellow member for not completing on a 50 item.He refused to add the PayPal surcharge of 5% that the seller had added.He claimed, to the court, that it was against eBay rules.The court found against my friend and forced him to pay (legal contract) even though it was against eBay policy to add a surcharge.(He just should not have bid). He thought it wrong about the surcharge, thus I discovered that it was an irrelevant defence.For those of us who describe correctly and get annoyed at 'tyre kickers' this is the answer. It is easy and does work.Advice for all buyers on eBay. - Remember your bid is a contract, and is easily enforceable.Only bid if you intend to buy.Good Luck all, I hope this was of use to you.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment