LEGAL ADVICE REGARDS BUYING AND SELLING

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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 easilly and at minimal cost. For example recently I listed my car on eBay, the car had an engine fault so I described it as having a large clicking sound and said that I thought it was serious but the bidders SHOULD inspect BEFORE bidding. As per normal on eBay none did and the car was sold at £1550. A guy then came to view the car, after 5 minutes said 'no sorry I do not want it' it is more of a knocking than clicking. I told him that I had had enough of non-payers on eBay and that I may take action to enforce his bid, he should have inspected the car, asked me a question or even asked me to send the noise in an email, he said 'sue me' so I did and less that a week later he collected the car and paid £1670 (£120 court fee) and this is how I did it.

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 (Seach in Google as eBay will not let me display the link) this is run by the government and is a simple way of issueing a county court summons. You have to pay a fee (from £30 up depending on amount claimed) that is added to the summons. 72 hours later the summons lands on the buyers doorstep and then 95% of people pay straight away in fear of court. If they do not then simply request a court date (this again is done online) 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, PERIOD. Even if they argue what is for sale was different than described or spec etc. 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 favor. 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 now 4 times and won each and every time, only 1 went to court and the defence was chucked out. I discovered this when I was taken to court by a fellow member for not completing on a £50 item, I refused to add the Paypal surcharge of 5% that the seller had added, I claimed to the court that it was against eBay rules, they found against me and forced me to pay (legal contract!) even though it was against eBay policy to add a surcharge (I should not have bid!) This was the one and only time I refused to pay for an item as I 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 will work.

Advise for all buyers on eBay, remember your bid is a contract and is easilly enforcable, only bid if you intend to buy.

I have had a great time on eBay and I look after everyone that buys and sells with me, however I am one that does not get taken for rides, I use the law and so should everyone!

Good Luck all, I hope this was of use to you.

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