VAT now NOT added???
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From: bcc97 on 4 Dec 2006 09:06 Niel Humphreys wrote: > What is the timeframe required by law for the seller to respond to a > complaint then before it is classed as ignored? In this case, I'd class the DSR cancellation as having been ignored (or denied) as soon as the seller sent a further e-mail requesting payment. If money had already changed hands, the seller would have 30 days to make a refund.
From: Need a little help please on 4 Dec 2006 09:40 "Niel Humphreys" <admin(a)sznzozwzdzoznzczozmzpzuztzezrzs.co.uk> wrote in message news:JZWdnSt6iuE-tenYRVnyig(a)pipex.net... > "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/ > For a general enquiry or complaint, a response within 28 days is considered 'reasonable' within the context of UK law, however, deliberately delaying for such a length of time where a response could have been provided earlier would be frowned upon by any judge if the matter were escalated to such a point, or indeed any other involved official party such as Trading Standards for example, unless there were legitimate reasons such as the requirement for investigation or advisement from officials or informed qualified expert parties. Further, it is not generally considered good practice from any aspect to introduce unnecessary delays in correspondence, or falling silent due to delays where the other parties could be kept informed of the ongoing situation on a regular basis, whilst awaiting further developments. With regards to a request for cancellation under the Distance Selling Regulations within the timeframe allowed, which is entirely different as this is neither a general enquiry or complaint, but simply the exercising of consumer law, a response that consists of anything other than acknowledgement and acceptance of the cancellation without question or dispute would be unlawful. There is no reason why such a response should not be 'by return' as is expected by the law, where 'by return' is accepted as meaning 'replied to upon receipt'. A telephone call with follow up letter or email generally avoids a 'non receipt' debacle.
From: Niel Humphreys on 4 Dec 2006 09:45 "bcc97" <bcc98(a)stork.plus.com> wrote in message news:1165241207.692282.153290(a)73g2000cwn.googlegroups.com... > > Niel Humphreys wrote: >> What is the timeframe required by law for the seller to respond to a >> complaint then before it is classed as ignored? > > In this case, I'd class the DSR cancellation as having been ignored (or > denied) as soon as the seller sent a further e-mail requesting payment. ...but they didn't send any email, they filed a Non Payment report which sent the OP a system generated payment reminder. There is still nothing conclusive to say that the seller has actually received any emails from the 'buyer', they (or their ISP) may be erroneously spam filtering emails for some reason. Assuming the 'buyer' sent a message through the Ebay system perhaps they don't check their Ebay messages online. Unlikely but possible. If I had not heard anything either way by now I would have requested contact details and spoken to the seller on the phone though I suspect this is something the 'buyer' hasn't the balls to do. They would perfer to whinge and whine in this newsgroup where they are surrounded by his syncopates who are re-enforcing his delusions that he is not responsible for his actions regardless of the legality of the VAT situation auction and whether or not it was deliberate or an accidental ommission. Marcus decided the seller has tried to scam him very early on in this affair and way before other evidence came to light to suggest otherwise and having publicly stated his beliefs he isn't backing down to save face. -- Niel H http://stores.ebay.co.uk/Snowdon-Computers http://www.ebayfaq.co.uk/ http://finance.groups.yahoo.com/group/UK_Powersellers/
From: Peter Parry on 4 Dec 2006 11:38 On Mon, 4 Dec 2006 12:53:56 -0000, "Niel Humphreys" <admin(a)sznzozwzdzoznzczozmzpzuztzezrzs.co.uk> wrote: >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. If the goods are rejected under the DSR's the seller is specifically prohibited from reclaiming any such fees from the buyer and must refund the buyer in full. ("14. - (1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge...") >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) Any seller trying this might well find themselves doing some explaining as it would be illegal. One thing which does get Trading Standards stirred up is people who try to limit consumers use of the law by underhand methods. The DSR's give an unfettered right of cancellation and moreover specifically over-ride contractual terms which would limit those rights :- "No contracting-out 25. - (1) A term contained in any contract to which these Regulations apply is void if, and to the extent that, it is inconsistent with a provision for the protection of the consumer contained in these Regulations." -- Peter Parry. http://www.wpp.ltd.uk/
From: Niel Humphreys on 4 Dec 2006 11:56
"Peter Parry" <peter(a)wpp.ltd.uk> wrote in message news:a4j8n2tas7u2q0ai44h92gonldb8cehadg(a)4ax.com... > On Mon, 4 Dec 2006 12:53:56 -0000, "Niel Humphreys" > <admin(a)sznzozwzdzoznzczozmzpzuztzezrzs.co.uk> wrote: > > >>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. > > If the goods are rejected under the DSR's the seller is specifically > prohibited from reclaiming any such fees from the buyer and must > refund the buyer in full. > > ("14. - (1) On the cancellation of a contract under regulation 10, > the supplier shall reimburse any sum paid by or on behalf of the > consumer under or in relation to the contract to the person by whom > it was made free of any charge...") What's this got to do with the Ebay fees Ebay will charge the seller? The buyer doesn't pay the seller Ebay fees, the seller pays EBay the fees by way of commission on revenue raised. Deal cancelled = no revenue received so there should be no commission payable to Ebay by the seller. Are you saying that according to the DSR sellers should pay Ebay fees on items where the buyer has returned them for a refund? Isn't that grossly unfair to sellers? -- Niel H http://stores.ebay.co.uk/Snowdon-Computers http://www.ebayfaq.co.uk/ http://finance.groups.yahoo.com/group/UK_Powersellers/ |