From: Alison Hopkins on

"Need a little help please" <nospam(a)thisaddress.net> wrote in message
news:el15gi$reb$1(a)news.freedom2surf.net...
>

> Given that expert advice, from experts, is so readily available from
> official websites, it would be monumentally unwise to seriously rely on
> any advise from non official sources, and efforts should always be made to
> verify any information officially before any action commences, which in
> this modern age is usually very easily done with the absolute bare minimum
> of effort required.
>
>

Agreed entirely. (And my response wasn't aimed at you, by the way, it just
horrifies me how much credence people place on strangers.)

Ali


From: Alison Hopkins on

"bcc97" <bcc98(a)stork.plus.com> wrote in message
news:1165236915.175323.32300(a)l12g2000cwl.googlegroups.com...
>
> Alison Hopkins wrote:
>> I think we can safely predict what they'll be.
>
> What's your prediction, then? One other poster has offered one. Would
> be interesting to compare with the response the OP gets in the end.
>

I very much doubt that either EBay or TS will do anything punitive at all.
Indeed, I'll be surprised if they do a thing.

Ali


From: Need a little help please on

"Niel Humphreys" <admin(a)sznzozwzdzoznzczozmzpzuztzezrzs.co.uk> wrote in
message news:i--dnadchtv7h-nYRVnyhw(a)pipex.net...
> "Need a little help please" <nospam(a)thisaddress.net> wrote in message
> news:el130u$pre$1(a)news.freedom2surf.net...
>>
>> Regardless of the circumstances that led to this situation which are
>> fundamentally entirely irrelevant, as a consumer purchasing from a
>> business and wishing to cancel under the Distance Selling Regulations,
>> you have done all that is required of you within the context of UK Law in
>> that you have submitted to the seller your request for cancellation
>> within the specified timeframe under the Distance Selling Regulations.
>>
>> The business is required to accept your cancellation without question or
>> dispute, to do otherwise is unlawful,
>
> They haven't disputed it have they? As far as I understand the seller
> hasn't entered into any discussion or negotiation with the buyer,
> therefore no dispute.

A dispute exists because according to the OP the request for cancellation
under the Distance Selling Regulations was ignored, the response from the
business being a request for payment and statement the sale will stand, as
stated in the OP's opening message of this thread.

>
> The business is also perfectly entitled to claim back the Ebay fees
> (commission) on the uncompleted transaction seeing as they have not
> received the payment EBay have charged them fees for although the seller
> will lose the fees he paid to list the auction in the first place. The
> automatic knock on effect of course is that the buyer will be given a
> non-payment strike on their account by Ebay. (Assuming the seller doesn't
> select 'mutually agreed not to complete' which is correct as I am sure the
> seller is not agreeing not to go ahead with the sale, only one of the 2
> parties is pulling out so there is no mutual agreement)
>
> --
>
> Niel H
> http://stores.ebay.co.uk/Snowdon-Computers
> http://www.ebayfaq.co.uk/
> http://finance.groups.yahoo.com/group/UK_Powersellers/
>

Agreed, the business is entitled to a refund of their fees, at no point has
this been disputed, nor is it relevant to their unlawful refusal to comply
with the Distance Selling Regulations.





From: bcc97 on

Alison Hopkins wrote:
> I very much doubt that either EBay or TS will do anything punitive at all.
> Indeed, I'll be surprised if they do a thing.

In response to a complaint, the enforcement authority is required, at
the very least, to give reasons for its decision to apply (or not) for
an injunction (see Reg 26(3)). The only situation where it excused
from doing so is where the complaint appears to be frivolous or
vexatious.

If the seller's item listing omitted the statement of cancellation
rights (and/or their identity and address), then there's prima facie
evidence of a breach, so it's unlikely that the complaint could be
rejected as frivolous or vexatious (regardless of what anyone might
think the OP's motives are in making it).

From: Niel Humphreys on
"Need a little help please" <nospam(a)thisaddress.net> wrote in message
news:el16c1$rtg$1(a)news.freedom2surf.net...
>
> "Niel Humphreys" <admin(a)sznzozwzdzoznzczozmzpzuztzezrzs.co.uk> wrote in
> message news:i--dnadchtv7h-nYRVnyhw(a)pipex.net...
>> "Need a little help please" <nospam(a)thisaddress.net> wrote in message
>> news:el130u$pre$1(a)news.freedom2surf.net...
>>>
>>> Regardless of the circumstances that led to this situation which are
>>> fundamentally entirely irrelevant, as a consumer purchasing from a
>>> business and wishing to cancel under the Distance Selling Regulations,
>>> you have done all that is required of you within the context of UK Law
>>> in that you have submitted to the seller your request for cancellation
>>> within the specified timeframe under the Distance Selling Regulations.
>>>
>>> The business is required to accept your cancellation without question or
>>> dispute, to do otherwise is unlawful,
>>
>> They haven't disputed it have they? As far as I understand the seller
>> hasn't entered into any discussion or negotiation with the buyer,
>> therefore no dispute.
>
> A dispute exists because according to the OP the request for cancellation
> under the Distance Selling Regulations was ignored, the response from the
> business being a request for payment and statement the sale will stand, as
> stated in the OP's opening message of this thread.


What is the timeframe required by law for the seller to respond to a
complaint then before it is classed as ignored?
--

Niel H
http://stores.ebay.co.uk/Snowdon-Computers
http://www.ebayfaq.co.uk/
http://finance.groups.yahoo.com/group/UK_Powersellers/