dieseldalziel Posted April 30, 2017 Share Posted April 30, 2017 Hi all, I recently bought a bass on ebay for £150 that had some unadvertised issues. I contacted the seller & he disagreed with all of the the things I said...long story short ebay found in my favour after it was dragged out to it's conclusion. The seller was given time to organise the return & did not contact me,ebay then refunded me without the bass being returned the seller then got in touch to have the bass returned. After such a protracted transaction I told him I would keep it safe & ready for HIM to organise the collection of it as I would be making no further effort, I have not heard from him since, it has been two weeks. Am I able to fix & keep this bass or dispose of as I see fit or do I just wait until he arranges collection? Quote Link to comment Share on other sites More sharing options...
T-Bay Posted April 30, 2017 Share Posted April 30, 2017 I would send him a message to say you will keep it free of charge for 28 days and allow any reasonable collection arrangement he makes and state that if not collected within the 28days it will be disposed of. That way he can't claim you have stolen it or any rubbish like that. Quote Link to comment Share on other sites More sharing options...
BassBunny Posted April 30, 2017 Share Posted April 30, 2017 When I had a similar issue with an amp, eBay sent me a Collect+ label and I had to repackage it and drop it off at a local Collect+ shop and that was that. Funnily enough the seller than said he hadn't received it but as I had provided the tracking info to eBay, (at their request), proving it had been delivered he had to take it up with eBay. I thought that was the standard way of dealing with ebay disputes. Quote Link to comment Share on other sites More sharing options...
dieseldalziel Posted April 30, 2017 Author Share Posted April 30, 2017 (edited) Thanks for the replies..this from the email from ebay [color=#000000][font=Tahoma][size=4]I have carefully reviewed your case and I am happy to inform you that we would like to take care of this today by issuing you a full refund as the seller failed to collect the item from you. Please know that you don't need to send this item back to the seller. However, the seller may still contact you and have this item back to them and they will shoulder the returns postage. Please consider this resolved.[/size][/font][/color] [color=#000000][font=Tahoma][size=4]I have never had a dispute before so really unsure how tp proceed[/size][/font][/color] Edited April 30, 2017 by dieseldalziel Quote Link to comment Share on other sites More sharing options...
mentalextra Posted April 30, 2017 Share Posted April 30, 2017 Just out of interest. A few months back my nephew bought some aftershave on ebay. The sellers conditions specified 'no returns'. My nephew returned it regardless. After a protracted dispute my nephew won and got his money returned. The seller wasn't very happy, made various threats of legal action/CCJ's and started an action through small claims court. The court case is next Friday? Quote Link to comment Share on other sites More sharing options...
tonyquipment Posted April 30, 2017 Share Posted April 30, 2017 Dice it up and flog it lol Quote Link to comment Share on other sites More sharing options...
stingrayPete1977 Posted April 30, 2017 Share Posted April 30, 2017 [quote name='mentalextra' timestamp='1493570436' post='3289168'] Just out of interest. A few months back my nephew bought some aftershave on ebay. The sellers conditions specified 'no returns'. My nephew returned it regardless. After a protracted dispute my nephew won and got his money returned. The seller wasn't very happy, made various threats of legal action/CCJ's and started an action through small claims court. The court case is next Friday? [/quote] I remember that one, I wonder how it will go?! Quote Link to comment Share on other sites More sharing options...
SH73 Posted April 30, 2017 Share Posted April 30, 2017 [quote name='T-Bay' timestamp='1493565524' post='3289123'] That way he can't claim you have stolen it or any rubbish like that. [/quote] He can't anyway. Civil dispute Quote Link to comment Share on other sites More sharing options...
Monkey Steve Posted May 3, 2017 Share Posted May 3, 2017 In response to the OP, the legal position is a little complicated. Assuming it's now treated as unsolicited or abandoned goods, the bass still belongs to the seller. You do not have to go out of your way to return it, and you should not incur any costs, but the fact that they haven't arranged for its collection does not mean that it now becomes yours. This only happens after a period of six years and your options for that period are pretty limited. However, you are not expected to be a storage facility for six years so you can sell it, but really only if you no longer want to store it for them. You must write to them telling them what you are going to do and giving a reasonable period for them to arrange collection (minimum of 14 days) if they don't want it to be sold. Having done this you now have a sum of money that belongs to the original seller - it does not become yours for the balance of the six years and if they ask you for the money then you have to hand it over. And before you think of a clever ploy to flog it to a mate for a penny, the seller might reasonably take you to court if you sell it for well below it's market value....that said, a nice, honest listing on a well known auction site highlighting the bass' deficiencies might generate a sale at a reasonable price to somebody you have tipped off. Assuming you don't sell it, you can't do anything to change the condition of the bass - you can't fix it and play it as the seller can ask you for it back in its original condition at any point for the next six years. The stories you hear about telling companies that you're going to leave the mis-delivered items out on the street if the seller/courier doesn't collect it don't hold much legal weight. Puts you in a difficult position. But only really a risk if the seller is going to ask for it back in the next six years. The best outcome is if they tell you that they don't want it, but getting that out of them now seems to be a problem. Good luck Quote Link to comment Share on other sites More sharing options...
taunton-hobbit Posted May 3, 2017 Share Posted May 3, 2017 Re the aftershave- This 'no returns' clause is only legally applicable to private sellers. A commercial outfit are legally bound to accept returns under the Consumer Contract Regulations (Distance Selling Regulations wot woz). If they refuse they stand the chance of being de-listed by EBay or Amazon (assuming that's where a transaction was enacted), as well as being liable in law (I think it's a civil matter, though). Quote Link to comment Share on other sites More sharing options...
Dan Dare Posted May 3, 2017 Share Posted May 3, 2017 [quote name='Monkey Steve' timestamp='1493823359' post='3290991'] In response to the OP, the legal position is a little complicated. Assuming it's now treated as unsolicited or abandoned goods, the bass still belongs to the seller. You do not have to go out of your way to return it, and you should not incur any costs, but the fact that they haven't arranged for its collection does not mean that it now becomes yours. This only happens after a period of six years and your options for that period are pretty limited. However, you are not expected to be a storage facility for six years so you can sell it, but really only if you no longer want to store it for them. You must write to them telling them what you are going to do and giving a reasonable period for them to arrange collection (minimum of 14 days) if they don't want it to be sold. Having done this you now have a sum of money that belongs to the original seller - it does not become yours for the balance of the six years and if they ask you for the money then you have to hand it over. And before you think of a clever ploy to flog it to a mate for a penny, the seller might reasonably take you to court if you sell it for well below it's market value....that said, a nice, honest listing on a well known auction site highlighting the bass' deficiencies might generate a sale at a reasonable price to somebody you have tipped off. Assuming you don't sell it, you can't do anything to change the condition of the bass - you can't fix it and play it as the seller can ask you for it back in its original condition at any point for the next six years. The stories you hear about telling companies that you're going to leave the mis-delivered items out on the street if the seller/courier doesn't collect it don't hold much legal weight. Puts you in a difficult position. But only really a risk if the seller is going to ask for it back in the next six years. The best outcome is if they tell you that they don't want it, but getting that out of them now seems to be a problem. Good luck [/quote] That's interesting and useful to know. What would be the position were one to (having notified the person first and given them time to arrange collection, of course) dispose of the item, i.e. throw it away? Quote Link to comment Share on other sites More sharing options...
mentalextra Posted May 3, 2017 Share Posted May 3, 2017 [quote name='taunton-hobbit' timestamp='1493835067' post='3291156'] Re the aftershave- This 'no returns' clause is only legally applicable to private sellers. A commercial outfit are legally bound to accept returns under the Consumer Contract Regulations (Distance Selling Regulations wot woz). If they refuse they stand the chance of being de-listed by EBay or Amazon (assuming that's where a transaction was enacted), as well as being liable in law (I think it's a civil matter, though). [/quote] Court case is Friday, so I'll report back. Quote Link to comment Share on other sites More sharing options...
stingrayPete1977 Posted May 3, 2017 Share Posted May 3, 2017 I'm still torn on that one, I can see the legal side but it's not what the distance selling rules are for imo, I'd never buy something that can't be resold as new if returned, an opened aftershave is only fit for the charity shop. Quote Link to comment Share on other sites More sharing options...
T-Bay Posted May 3, 2017 Share Posted May 3, 2017 [quote name='SH73' timestamp='1493583127' post='3289275'] He can't anyway. Civil dispute [/quote] He can claim you stole it, it may be a civil matter but it would still see you in a court of law if it went wrong. To avoid repeating the excellent post above, it's suffice to say that the rules are very clear in law and unfortunately do require more than a simple 'I assume it's mine now mate' in an email to make you sure of avoiding comeback. Quote Link to comment Share on other sites More sharing options...
Monkey Steve Posted May 3, 2017 Share Posted May 3, 2017 [quote name='Dan Dare' timestamp='1493839473' post='3291210'] That's interesting and useful to know. What would be the position were one to (having notified the person first and given them time to arrange collection, of course) dispose of the item, i.e. throw it away? [/quote] If it's within the six years then they can come after you for the cost of the item - it's still theirs. As I say, the only legal option you have if you don't want something taking up space in your house is to sell it for a fair price and when they ask for it to give them the money. If you do anything else with it then you still owe them the money, albeit that they must claim it from you within the six years. The position makes more sense when you're dealing with tenants who have left a load of stuff behind when they move out and the landlord needs to clean out the property, but the same legal position exists for this. Quote Link to comment Share on other sites More sharing options...
dieseldalziel Posted May 3, 2017 Author Share Posted May 3, 2017 [quote name='Monkey Steve' timestamp='1493823359' post='3290991'] In response to the OP, the legal position is a little complicated. Assuming it's now treated as unsolicited or abandoned goods, the bass still belongs to the seller. You do not have to go out of your way to return it, and you should not incur any costs, but the fact that they haven't arranged for its collection does not mean that it now becomes yours. This only happens after a period of six years and your options for that period are pretty limited. However, you are not expected to be a storage facility for six years so you can sell it, but really only if you no longer want to store it for them. You must write to them telling them what you are going to do and giving a reasonable period for them to arrange collection (minimum of 14 days) if they don't want it to be sold. Having done this you now have a sum of money that belongs to the original seller - it does not become yours for the balance of the six years and if they ask you for the money then you have to hand it over. And before you think of a clever ploy to flog it to a mate for a penny, the seller might reasonably take you to court if you sell it for well below it's market value....that said, a nice, honest listing on a well known auction site highlighting the bass' deficiencies might generate a sale at a reasonable price to somebody you have tipped off. Assuming you don't sell it, you can't do anything to change the condition of the bass - you can't fix it and play it as the seller can ask you for it back in its original condition at any point for the next six years. The stories you hear about telling companies that you're going to leave the mis-delivered items out on the street if the seller/courier doesn't collect it don't hold much legal weight. Puts you in a difficult position. But only really a risk if the seller is going to ask for it back in the next six years. The best outcome is if they tell you that they don't want it, but getting that out of them now seems to be a problem. Good luck [/quote] Many thanks for making that clear, that information is very useful., I have sent a message asking if he intends to arrange collection(it is all packed & ready) hopefully he will get back in contact.. Quote Link to comment Share on other sites More sharing options...
dmccombe7 Posted May 4, 2017 Share Posted May 4, 2017 (edited) Have you asked ebay for advice on what to do. I've found them quite helpful in disputes. Have to say i always thought that if you gave them 28days and they didn't collect then you can dispose of it. So that's a bit of a surprise to know you need to keep it for 6yrs. Mmmmm I do like the idea of selling on auction site listing all the faults and then when seller asks for his money he gets the pittance that it was sold for. Dave Edited May 4, 2017 by dmccombe7 Quote Link to comment Share on other sites More sharing options...
Monkey Steve Posted May 4, 2017 Share Posted May 4, 2017 [quote name='dmccombe7' timestamp='1493886247' post='3291475'] Have you asked ebay for advice on what to do. I've found them quite helpful in disputes. Have to say i always thought that if you gave them 28days and they didn't collect then you can dispose of it. So that's a bit of a surprise to know you need to keep it for 6yrs. Mmmmm I do like the idea of selling on auction site listing all the faults and then when seller asks for his money he gets the pittance that it was sold for. Dave [/quote] I think there's a bit of a mistaken belief around this stuff based on what on line sellers and courier companies do when they've delivered to the wrong address. they'll typically have blanket insurance to write of these sorts of claims (especially couriers) and for low value items it's really not worth the hassle of arranging any difficult collections or pursuing people for the money. In most cases nobody's going to come knocking on your door five years later expecting to get their stuff back or chasing for the money...but if they do they have you over a barrel Quote Link to comment Share on other sites More sharing options...
Geek99 Posted May 4, 2017 Share Posted May 4, 2017 [quote name='dieseldalziel' timestamp='1493565051' post='3289119'] Hi all, I recently bought a bass on ebay for £150 that had some unadvertised issues. I contacted the seller & he disagreed with all of the the things I said...long story short ebay found in my favour after it was dragged out to it's conclusion. The seller was given time to organise the return & did not contact me,ebay then refunded me without the bass being returned the seller then got in touch to have the bass returned. After such a protracted transaction I told him I would keep it safe & ready for HIM to organise the collection of it as I would be making no further effort, I have not heard from him since, it has been two weeks. Am I able to fix & keep this bass or dispose of as I see fit or do I just wait until he arranges collection? [/quote] You have to wait, and wait for up to six years as stated. Its still his property as you got your money back and so have suffered no real loss other than legally intangible disappointment, You could ask him if he wants it stored (at his expense) at a storage facility if you don't have houseroom, or can't keep it safe for some reason such as living in a house of multiple occupancy. You would probably have to compensate him if it was stolen in a burglary, or destroyed in a fire. You could perhaps ask for a [i]reasonable [/i]sum for storage until he collects, to give him an incentive. As stated above, you cant threaten to dump it on the street as it simply isn't yours to dispose of. Quote Link to comment Share on other sites More sharing options...
Vinny Posted May 4, 2017 Share Posted May 4, 2017 (edited) [quote name='Geek99' timestamp='1493890272' post='3291516'] ... legally intangible disappointment, [/quote] Contender for new band name right there! Edited May 4, 2017 by Vinny Quote Link to comment Share on other sites More sharing options...
Geek99 Posted May 4, 2017 Share Posted May 4, 2017 [quote name='Vinny' timestamp='1493891311' post='3291535'] Contender for new band name right there! [/quote] "[i][u]Tangible [/u][/i]disappointment" for any band I was in. Quote Link to comment Share on other sites More sharing options...
mentalextra Posted May 6, 2017 Share Posted May 6, 2017 [quote name='mentalextra' timestamp='1493839504' post='3291212'] Court case is Friday, so I'll report back. [/quote] My nephew said the guy didn't turn up at court, not a huge surprise. But its still not over as if he can give a reason for not appearing the saga will continue..... NOTE: I'm not trying to hijack this thread, but I feel that it is relevant to show that some sellers 'will' go the whole nine yards? Quote Link to comment Share on other sites More sharing options...
mcnach Posted May 6, 2017 Share Posted May 6, 2017 [quote name='mentalextra' timestamp='1494064480' post='3292924'] My nephew said the guy didn't turn up at court, not a huge surprise. But its still not over as if he can give a reason for not appearing the saga will continue..... NOTE: I'm not trying to hijack this thread, but I feel that it is relevant to show that some sellers 'will' go the whole nine yards? [/quote] As is the seller who initiated this... does it mean he gets to pay court costs when he doesn't turn up? Quote Link to comment Share on other sites More sharing options...
mentalextra Posted May 6, 2017 Share Posted May 6, 2017 [quote name='mcnach' timestamp='1494065627' post='3292937'] As is the seller who initiated this... does it mean he gets to pay court costs when he doesn't turn up? [/quote] I have no idea, I will get the full SP when I see my sis on Sunday. Quote Link to comment Share on other sites More sharing options...
Geek99 Posted May 6, 2017 Share Posted May 6, 2017 [quote name='mcnach' timestamp='1494065627' post='3292937'] As is the seller who initiated this... does it mean he gets to pay court costs when he doesn't turn up? [/quote] If the other party doesn't turn up and doesn't have a very good reason; you win by default Quote Link to comment Share on other sites More sharing options...
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