Yes - another eBay potential claim question - car parts from breaker

Found 6th Jun 2011
I have an ABS failure on my car, to cut a long story short, ordered replacement from a breaker on eBay, asked him if the part was working, he stated it was tested and working correctly with no faults. Put part in car, defective - confirmed by Honda today.

Seller's listing clearly states no refunds on mechanical works for duff parts. However, he did message me telling me it was working - so I'm now down nearly £200 for the labour etc.

I've just sent a message to the seller telling him this. I anticipate he will potentially refund me for the part but not the labour, as his listing said 28 day warranty, but given he claimed it was tested as working etc, I believe I may have a case to get a refund of sorts should I have to take the case to eBay arbitration.

Thoughts?

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20 Comments

Small claims court.

You will only get a full refund of the item product and P&P, not any labour costs you had to fork out for regardless of any eBay/Paypal arbitration.

The only way to get your money back for the labour costs is if you decided to take it down the Small Claims route.

At the end of the day, no matter what eBay rule, he won't pay up if he doesn't want to. I imagine you'll have to return the faulty part and he'll refund the original cost, not including the labour costs or the return postage - and that's all eBay will force him to do.

Only place to get any kind of outcome where you receive all yours costs back would be small claims court. However, you'll want expert advice on that matter as I don't know the details of what you can and can't claim for - you may not be able to get the labour costs back even if going down that route. Get some advice from the Citizens Advice Bureaux.

Original Poster

Thanks folks - kinda what I thought.

Sales of good act should still cover you. Just put in a ebay/paypal claim.

oldmanhouse

At the end of the day, no matter what eBay rule, he won't pay up if he … At the end of the day, no matter what eBay rule, he won't pay up if he doesn't want to. I imagine you'll have to return the faulty part and he'll refund the original cost, not including the labour costs or the return postage - and that's all eBay will force him to do.Only place to get any kind of outcome where you receive all yours costs back would be small claims court. However, you'll want expert advice on that matter as I don't know the details of what you can and can't claim for - you may not be able to get the labour costs back even if going down that route. Get some advice from the Citizens Advice Bureaux.



Buyer will have to instigate item not as described claim with Paypal who will advise buyer to return item to seller, upon receipt seller has to refund buyer item price + original P&P from listing. They do not refund for any return postage costs. If seller refuses to refund, Paypal forces seller to and will take money from their Paypal account regardless and give back to buyer. Labour costs/fitting of item is outside of eBay’s remit and they will not get involved.

Original Poster

whatsThePoint

Just as well it was something unimportant like the brakes where it always … Just as well it was something unimportant like the brakes where it always pays to buy dodgy secondhand parts, oh wait



The brakes work fine, it's the traction control that doesn't.

Just as well you thought about your comment before you made it, oh wait!:|

Supermod

Without knowing other details I think that you should start by looking at consequential loss. Usually you can only recover losses which are in the reasonable contemplation of the parties. If the seller knew you were not a mechanic you might possibly be able to show that it was reasonable for him to realise your loss on a faulty product would extend to labour. I think it is irrelevant that you would always have had to have paid a mechanic because now your loss will obviously now extend to labour for the fitting of another item.

Start by looking at Hadley v Baxendale 1854 but also take a look at Victoria Laundry v Newman Industries 1949.

Best of luck!

fluffyundacrakas

Buyer will have to instigate item not as described claim with Paypal who … Buyer will have to instigate item not as described claim with Paypal who will advise buyer to return item to seller, upon receipt seller has to refund buyer item price + original P&P from listing. They do not refund for any return postage costs. If seller refuses to refund, Paypal forces seller to and will take money from their Paypal account regardless and give back to buyer. Labour costs/fitting of item is outside of eBay’s remit and they will not get involved.



I've pushed for this to be agreed before (postage return funds) sending item back and Paypal have sided with me when they refused.

Original Poster

magicjay1986

Without knowing other details I think that you should start by looking at … Without knowing other details I think that you should start by looking at consequential loss. Usually you can only recover losses which are in the reasonable contemplation of the parties. If the seller knew you were not a mechanic you might possibly be able to show that it was reasonable for him to realise your loss on a faulty product would extend to labour. I think it is irrelevant that you would always have had to have paid a mechanic because now your loss will obviously now extend to labour for the fitting of another item. Start by looking at Hadley v Baxendale 1854 but also take a look at Victoria Laundry v Newman Industries 1949.Best of luck!



Cheers Jay, will look into this pending the seller's reply.

Supermod

moob

Cheers Jay, will look into this pending the seller's reply.



No worries. Drop me a PM if I can help any further.

whatsThePoint

Just as well it was something unimportant like the brakes where it … Just as well it was something unimportant like the brakes where it always pays to buy dodgy secondhand parts, oh wait

I have an ABS failure on my car





How does it go...? Let me think... Oh yeah....

LUL WUT!

Banned

Probably the reason the car ended up in the breakers if it couldn't stop!

Original Poster

Shengis

How does it go...? Let me think... Oh yeah....LUL WUT!



It is the Honda VSA system which incorporates ABS and their traction control system. For the benefit of lay talk - I used the generic term of ABS.

The ABS is independent of the VSA essentially, it's a module that fails causing it to light up the dashboard like a fecking Xmas tree and the traction control to stop working.

doh
think you missed is point

moob

The brakes work fine, it's the traction control that doesn't.Just as well … The brakes work fine, it's the traction control that doesn't.Just as well you thought about your comment before you made it, oh wait!:|


Best you will get is a refund for the part and original postage.

But it depends how long you have had the part and if it was sold as used.

Supermod

RickT

Best you will get is a refund for the part and original postage.But it … Best you will get is a refund for the part and original postage.But it depends how long you have had the part and if it was sold as used.



...there is a massive difference between something being sold as "used" and something that is faulty.

As you say though, it depends on many factors.

Original Poster

si_dawg

Probably the reason the car ended up in the breakers if it couldn't stop!



shamus1975

dohthink you missed is point



Doh! Perhaps both of you should read the thread before trying to come across as superior.
Edited by: "moob" 6th Jun 2011

Probably best not to skimp on safety when it comes to your car mate. A lesson learned' sometimes it pays to pay the going rate for things.

Original Poster

It's my mysterious stalker from OFF - how ye doin boab?
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