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post #21 of 91 (permalink) Old 15-05-2013, 21:57 Thread Starter
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I'm not looking for advice on law.The original reason for this post is to make aware of mrsilicone and read the ebay feedback before buying.It is upto all to decide whether he is reputable.The filter was part of a full service kit I built up which was given to an MG specialist to perform a full service.I was due to collect the car the same day,Instead a call saying filter don't fit.MG man got the correct one and I was able to collect next day pm.mrsilicone was informed via ebay.he wanted a pic of the filter and I sent a pic of the bill I got with the cost of the correct filter as supplied by MG man. mrsilicone said send it back for a refund inc postage.However, I have to pay for return.I am expected to return at my expense[READ THE FEEDBACK] before being refunded,This is after I have told him/them that if they want it back then 11.76 which the proper filter cost me and the return postage for the wrong filter was deposited in the Paypal account that they had took the payment.For ETV, mrsilicone is liable for all reasonable costs incurred by his/their blunder.As previously stated,READ mrsilicone's FEEDBACK
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post #22 of 91 (permalink) Old 15-05-2013, 22:19
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So let me get this straight.

You buy an item which clearly states on every e-bay auction/sale

Quote:
We accept returns on all unused items in their original packaging within 7 days of purchase. A refund will be made excluding all P&P costs. For further information please visit our dedicated returns system: http://returns.apmotorstore.co.uk
The seller has offered to refund you the item plus the postage. (more than he has agreed in the auction to do - an offer of good faith I presume which is good practice)

What more can he do?

I'm afraid it is buyers like you that mean I rarely sell on e-bay. There are too many muppets out there.
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post #23 of 91 (permalink) Old 15-05-2013, 22:47
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Quote:
Originally Posted by E_T_V View Post
I'm afraid it is buyers like you that mean I rarely sell on e-bay. There are too many muppets out there.
Damn right.
I very very very rarely use Ebay to sell anything, and every time I do theres always that nagging suspicion that I might encounter one of these muppets.
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post #24 of 91 (permalink) Old 16-05-2013, 05:21 Thread Starter
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God almighty,what is it you don't understand.mrsilicone sent the wrong item.Will only refund the original cost plus postage = 8.41.This seller has continually sent out wrong items and each time the buyer has to pay to send it back.Are you saying that is ok ? How can RicWin get it so right and then do a complete u-turn ?.It's a good thing that armchair solicitors remain in the armchair. The replacement filter cost me 11.76,I want that plus the postage for returning the wrong one,is that wrong? If it is wrong ,then it explains why this country is in such a mess.Those who mess up must pay.accountability is mandatory.READ FEEDBACK before buying from mrsilicone.simple to understand even for muppets
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post #25 of 91 (permalink) Old 16-05-2013, 06:16
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I've got a similar problem from a chinese seller. Wrong item, cost me $50 to send back,which I'll more than likely never see again I can't beleive that paypal or ebay don't have any recourse for this.
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post #26 of 91 (permalink) Old 16-05-2013, 08:15
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What do you mean "do a complete u-turn"? Because I agreed that his feedback was bad and that he is obviously not a great seller?
Or did you think I was agreeing with you that he should refund you and cover loads of extra expenses you have had to pay out? Which I do not agree with and have never said that I do.

You have been very vague with your info until that last post.

The seller has offered to refund you the incorrect item + postage costs. That's all he has to do. He has no obligation at all to cover the cost of a different part.
You were going to buy and use his, but have had a refund for it. Now you must pay for different one. Whats so hard to grasp about the situation?

Having to buy a different part does not come under any sort of "acceptable out of pocket expenses" which the original seller has to cover. Additional postage costs due to his mistake, he should cover. But you are being very arrogant by demanding that He pay for a new part from a different source, just because its a bit more expensive than the one he sold.

He is not accountable for the other part. You needed a filter and had to buy one from somewhere from the start. Just because he has delayed your vehicles service because the part had to be sourced elsewhere, doesn't mean he has to refund you AND pay for another part. How can you not understand that?

Its muppets like you which are the problem with this country. People who not only expect everything for nothing but demand it. And kick up a big fuss when they only get what they deserve.

Going to request this gets locked, because its obviously a waste of server space.
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post #27 of 91 (permalink) Old 16-05-2013, 08:57
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I have to agree with RicWin here.

This is the picture of the situation as I make out from this thread.

You bought the filter of the eBay seller to supply to an MG Specialist who was doing the work.

The filter turned out to be wrong which had knock on costs from the Specialist as a result (presumably to supply the correct filter in the first place).

You're now saying to the seller that he needs to cover these costs & refund you the item & postage.

First of all, this is the problem you can run into when you try and save a few quid by buying parts to supply to the garage / specialist.

Yes it was a mistake on the sellers part that he supplied the wrong item, but he has absolutely ZERO responsibility to cover your extra costs.

Did you check it was the right part when it arrived? I'm guessing not, otherwise you'd have noticed it was wrong.

Yes its his fault he sent the wrong item, but not his fault that you didn't either check it was the right one or that you were trying to save a few quid in the first place.

Its not what you want to hear of course, but its the way it goes. Put it down to experience and don't make the same mistake again.

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post #28 of 91 (permalink) Old 16-05-2013, 09:32
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well said steve
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post #29 of 91 (permalink) Old 16-05-2013, 09:34 Thread Starter
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A very poor attitude,anyone who receives feedback such as mrsilicone is doing something wrong,deny that.As previously stated,it is advisable to read the book before speaking.One should always remember that innocent parties should not pay for others mistakes,that is why we have laws.I have been sold an item that is the wrong one[I could have bought the correct one at the same time elsewhere].As the car was pre booked for servicing and belts and w/pump change,it was not until then did the MG specialist find out it was wrong.Now ,remember that this car is at a business property for longer than planned.The proper filter cost me 11.76.The original price paid inc postage was 8.41.If I return this filter I have to pay return post.Please do the sums.The seller is liable for the loses incurred by that mistake,the law states this.It's no fault of mine mrsilicone sent the wrong thing,should learn by mistakes,READ EBAY FEEDBACK,time he had a lesson as in responsibility
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post #30 of 91 (permalink) Old 16-05-2013, 09:39
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Nothing wrong with trying to save a few pounds (being a Yorkshireman I always do the same where I can) but it is almost always the case that you are more likely to be responsible if there is a problem. It's part of what you pay for if you just hand the keys to someone and say "fix it".

The safest way is to either buy the parts to fit yourself (always best in my opinion) or to give to a garage and let them supply/fit.

This is a good example of why garages/mechanics usually refuse to fit parts supplied by the customer too.

Mrsilicone comes out of this looking absolutely fine to me. I've bought parts from him before and if anything, this thread has served to convince me that he is a fair trader.
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post #31 of 91 (permalink) Old 16-05-2013, 09:43
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Others have stated it oh so clearly. All the eBay seller has to refund you is the cost of the part you bought from them. Seems he's also offered to cover your postage costs, which is above their normal stated T&Cs.

This would have been oh so clear if you'd bothered to answer E_T_V's question at the start of the thread, instead of laying in to him.


The eBay seller has no obligation to pay additional costs incurred by you because of the error. No court of law will cover those consequential costs in this case. The same applies whether the transaction is online, or in person in a shop.

You'd do well the remember basic buying advice for all situation; caveat emptor.

All I've learnt from this is if I ever sell anything on this forum I shall make sure it's not to you as you seem to have unclear understanding of the law and unreasonable expectations.
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post #32 of 91 (permalink) Old 16-05-2013, 09:48 Thread Starter
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Pure madness and why I didn't want to go into my case.Sad state of affairs ,you try to help and get called a muppet and trying it on.A simple and indelible piece of evidence READ mrsilicones FEEDBACK on EBAY.Wish I had
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post #33 of 91 (permalink) Old 16-05-2013, 09:59 Thread Starter
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oh,those who question my knowledge of law ,should do some reading of the many statutes in the sales of goods acts
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post #34 of 91 (permalink) Old 16-05-2013, 10:23
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Quote:
Originally Posted by midge1 View Post
God almighty,what is it you don't understand.mrsilicone sent the wrong item.Will only refund the original cost plus postage = 8.41.This seller has continually sent out wrong items and each time the buyer has to pay to send it back.Are you saying that is ok ?
Yes legally it is.

Often the seller will cover postage costs back to them if the item is incorrect as an act of good faith but this is not compulsary. In your original post you said they would cover postage costs.

Quote:
How can RicWin get it so right and then do a complete u-turn ?.It's a good thing that armchair solicitors remain in the armchair. The replacement filter cost me 11.76,I want that plus the postage for returning the wrong one,is that wrong?
Yes it is wrong. If you had bought the filter from a shop, and it was wrong you'd still have to cover the cost of getting back to them to get the correct replacement unit, i.e. driving there or catching the bus etc. Just because you have to post it rather than drive back to the shop, the pricipal is just the same.

Long and short of it is you are making an unreasonable request and the way in which you respond is incredibly arrogant which won't help your case with the seller.
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post #35 of 91 (permalink) Old 16-05-2013, 10:25
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As Steve says what you are trying to claim for is consequential loss. However, for a court to look at this one of the first questions that would be asked is "did you give the seller the opportunity to rectify the situation?"

From what you have written, this does not appear to be the case and as a result, due to either not checking the item when it arrived or there not being sufficient time, or both.

Under the terms of eBay transactions the seller is offering to refund the cost of the item and the postage paid originally. When you bought the item, it expressly states in eBay rules that returns are at the buyers expense and the seller does not have to refund these costs. Some sellers do as a good will gesture, but they are not obliged to.

Given the volume of transactions that this seller makes over 2659 last month, there is going to be the odd issue with the wrong item being dispatched. The 14 negatives equates to 0.527%. You obviously looked at his % score before ordering and decided out of the 95,000 items sold that 99.6% was pretty good and bought.

Given that the most you could reasonably claim for is the difference between the two costs (11.76 - 8.41 = 3.35) incurred plus your postage say (1.95) to return the item, (5.30), you are better chalking it up to experience.

I suspect though that even if you had looked at the negative feedback you would still have bought from them, as there doesn't seem too much to put a buyer off.

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post #36 of 91 (permalink) Old 16-05-2013, 10:30
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Quote:
Originally Posted by midge1 View Post
oh,those who question my knowledge of law ,should do some reading of the many statutes in the sales of goods acts
Please point out where it states that the seller should pay for consequential losses for a part supplied in good faith that was found to be incorrect before fitting and you didn't give the seller the opportunity to rectify before you incurred extra expense.

I think this thread has probably run its course now. Any readers can make up their own minds as to who is reasonable and who isn't.

I'd also formally like to request that you never ever purchase anything from me too.
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post #37 of 91 (permalink) Old 16-05-2013, 10:45
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oh,those who question my knowledge of law ,should do some reading of the many statutes in the sales of goods acts
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post #38 of 91 (permalink) Old 16-05-2013, 11:05 Thread Starter
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one ,there is much you do not know and my quiver has many bows.Born yesterday no.It is clear that many do not understand what is right or wrong.If you think being chiseled and messed with for a jolly jape your wrong.Most of those who have chipped in, really do not picture the scene or understand the purpose of the post.Forget my action and means.Just have a look at mrsilicone feedback on ebay,then make up your own mind.Afuel filter upto know has cost me 8.41 +11.76. I'm not doing this for 20,what's 20 when you own a money pit.This is about feeding punters solid details of a trader who is gonna be a risk.Is that wrong ? coz it seems like some of you think so,just look at mrsilicone EBAY FEEDBACK make your own minds up
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post #39 of 91 (permalink) Old 16-05-2013, 11:14 Thread Starter
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220 coupe your probably correct on some things.However,surely you cannot condone or accept that mrsilicone feedback is desirable or acceptable
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post #40 of 91 (permalink) Old 16-05-2013, 11:15
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Originally Posted by midge1 View Post
Pure madness and why I didn't want to go into my case.Sad state of affairs ,you try to help and get called a muppet and trying it on.A simple and indelible piece of evidence READ mrsilicones FEEDBACK on EBAY.Wish I had
If you're going to post up your experiences with a trader (either someone from here, t'internet, or high street) then you really need to set out the chain of events clearly, rather than obliquely refer to things that happened and rely on everyone else to draw their own inferences.

If you're pursuing this through other channels and you set your case out in the same manner you wrote your initial posts on here you're not going to get very far. Not that I think you'll get anywhere anyway.
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