Forum member: SKYLINE......avoid

[spoons]

I can't believe so many of you were unaware of proof of postage :shock: How long have you been buying and selling?

The PoP certificate can be a till receipt or a hand written slip with a post code written on, Royal Mail are normally pretty good at paying out for lost items but damaged goods are a different issue. They need you to return the 'damaged' packaging and if there's not enough bubble wrap or the box was 'too' small they won't pay out. I've lost out a few times that way and the onus is on the recipient to make the claim - sellers always claim that the packaging was just fine :roll:

I've never had to test Royal Mail for a missing overseas parcel, but supposedly that's covered too

IMO all the legal chat so far is a bit immaterial, if you buy something from a forum like this you do expect a certain amount of good will. That being said, if I sold anyone on here goods and the buyer wanted to keep the price down by refusing insurance over £40 I wouldn't expect to shell out if the parcel went missing.

If I sell on ebay where the crooks hang out, I only offer insured postage - PoP covers that to £40 and if an item unexpectedly sells higher I cover the extra insurance out of my pocket.

 

[plantman]

this is going way off topic, my point is the seller is responsible for goods until the buyer has them, thats always been the case and its the same here

And the sale of goods act shows thats not the case, If the seller shipped the items as per the buyers instructions his liability ends with the courier anything after this should be claimed back off the carriers insurance to allow them to investigate missing parcels and issue a full or partial value return and any other refund on top of this is done through good will thats quite straight here. this opens up the door to people like Glen Tomlin who just deny anything turned up and its a dangerous precedent to set, If i sent a parcel with insurance for £400 and it didnt arrive with the seller its for royal mail to sort out the refund and that is then passed onto the buyer as RM's investigation will show if it was delivered or not.

im afraid you are wrong, if you buy from a retailler and you have a legal contract the seller is responsible

Can a consumer cancel an order before they receive the goods or where goods are lost in transit?
Yes. Where the Regulations give consumers rights to cancel, this right is unconditional. If consumers cancel before they have received the goods you must refund the total price of the goods, including any delivery charges. Consumers who have cancelled may refuse to accept delivery of the goods. Refusal in such a situation cannot be treated as a breach of contract.

Where goods are lost in transit from you to the consumer you will need to either send new goods or offer the consumer a full refund, including delivery charges. See paragraph 3.20 for more information.

this doesnt apply in this case, but in any other online sale the buyer is responsible always.

http://www.netlawman.co.uk/info/distance-selling-cancellation.php

its all in the official link below too

Insuring items

You cannot charge the customer the cost of insuring items that you send out. These items belong to you until they have been accepted by your customer, so you cannot charge your customer for carrying risks that you should bear.


http://www.oft.gov.uk/business-advice/treating-customers-fairly/dshome/dsrexplained/;jsessionid=97905FDF075CABA9B2D2B448C32989F4

 

[itfciain]

This is a pretty interesting discussion here. To be honest, I think that Jeff was right to call him out and that his behaviour has not been acceptable on this or any of the other deals that he has done.

The debate about who owns the items/who should claim for them is interesting but to me, as someone who strives to maintain a good selling reputation then I would always try to pay the buyer and then sort out the claim

In my opinion anyone who deals with this guy in the future has to tread very carefully, late postage, double selling and sending out repro items is not the sort of thing that would make me want to deal with him.

 

[jambobbyb]

Plantman as i have already pointed out twice now when you are dealing with a business you are covered by the distant sellers act. non of those are applicable when buying at auction or buying from a private seller, it even says so in the link you provided! the clue is in the word BUSINESS!!!!!!

The Distance Selling Regulations (DSRs) apply to your "business" if you sell goods or services to customers without face-to-face contact, using an organised distance sale or service provision scheme

And heres what E-bay have to say
Distance Selling Regulations
The Consumer Protection (Distance Selling) Regulations 2000 generally apply to sales to consumers made by sellers acting in the course of a "business" which have been made at a distance. In other words, where there's no face-to-face contact between the seller and the consumer before the contract is made. The Distance Selling Regulations apply to items purchased via Buy It Now listings and Second Chance Offers on eBay.co.uk. However, they don't apply to auction format listings on eBay.co.uk.

 

[plantman]

you clearly are not reading my posts, ive already said that this doesnt apply here with this transaction.....

im just stating that ebay is the same, so we on here take the same stance, skyline should claim and refund jeff, jeff should not have to wait!

 

[jambobbyb]

Are you smoking crack? Ebay is not the same no one is covered by DSR's unless you are dealing with a "Business" the only recourse you have with a private seller is if the items arrive and they are not as described. Jeffs refund was never questioned Skylines methods were not being stuck up for, But private sellers should not be held accountable for lost parcels that were asked to be sent at the buyers request via non tracked non insured shipping methods. They should be as helpful as possible but refunds should be handled from the carriers insurance not the sellers pocket, How on earth can you know if something was delivered?

 

[plantman]

Are you smoking crack? Ebay is not the same no one is covered by DSR's unless you are dealing with a "Business" the only recourse you have with a private seller is if the items arrive and they are not as described. Jeffs refund was never questioned Skylines methods were not being stuck up for, But private sellers should not be held accountable for lost parcels that were asked to be sent at the buyers request via non tracked non insured shipping methods. They should be as helpful as possible but refunds should be handled from the carriers insurance not the sellers pocket, How on earth can you know if something was delivered?

Yes it is lol

You are covered by the DSR depending if you buy an item with buy it now or best offer, if it is second hand and an auction then you have less rights. you dont have to be a business, you just have slightly less rights.

you can be classed as a trader if you sell a lot of items..

please read http://www.which.co.uk/consumer-rights/problem/ive-got-a-problem-with-something-i-bought-on-ebay/

ill just quote this and im done

Your rights buying from an individual on eBay
Many individuals will sell unwanted gifts or items that they no longer need.
Here you're buying from a private seller in the same way as if you were buying from a classified advert in a local paper, and the principle of 'buyer beware' applies.
When you buy from an individual, the Sale of Goods Act says that the goods you get must be as they were described to you.
For example, something second-hand should not be described as new - if it is, the seller will be in breach of contract. If a seller takes your money, but then sends nothing they would again be in breach of contract.
Some people who sell through eBay may be doing so much business that they are considered traders rather than individuals.
In this situation you would have the same rights as if you bought from a business, but you would have to find evidence that the seller is indeed a business if you wanted to make a claim against them as a business seller.

 

[jambobbyb]

Man i wish i was there huffing on your crack pipe, No your not and your quote even says that! I have highlighted the bits that show this

Your rights buying from an individual on eBay
Many individuals will sell unwanted gifts or items that they no longer need.
Here you're buying from a private seller in the same way as if you were buying from a classified advert in a local paper, and the principle of 'buyer beware' applies.
When you buy from an individual, the Sale of Goods Act says that the goods you get must be as they were described to you.
For example, something second-hand should not be described as new - if it is, the seller will be in breach of contract. If a seller takes your money, but then sends nothing they would again be in breach of contract.
Some people who sell through eBay may be doing so much business that they are considered traders rather than individuals.
In this situation you would have the same rights as if you bought from a "business", but you would have to find evidence that the seller is indeed a business if you wanted to make a claim against them as a "business" seller.

 

[plantman]

what the feck are you on about....

it clearly states that you are covered under dsr.....what more do you need LOL

if you want full rights you need to buy from a business or a trader which most of us would be classed as tbh, if its a private seller HE STILL HAS TO POST THE ****ING ITEM, if it gets lost its up to him to claim!

 

[jambobbyb]

Plantman i think you need a lie down, Firstly your talking about DSR's when your quote clearly states "sales of good act" You are not covered by the DSR's when buying from a private individual and your quote says that! DSR's only apply to a "business" sellers buy it now listings and do not apply at all to a Business sellers auctions. and to be classed as a business you have to be VAT registered.

 

[browny]

All you guys have done is taken the flack off that muggy prick skyline and I don't think that is fair... :evil:

It's funny reading the posts between you guys , but that skyline din must of thought all his Xmas's have come at once the way you guys are going on at each other :lol: :lol:

 

[plantman]

The same regulations cover that the seller has a contract and an obligation to get the item to you, and until it does the seller is responsible, that is why ebay always refund buyers if an item doesnt turn up or the seller doesnt have a signature.

im done here, off to smoke some more crack....

 

[plantman]

All you guys have done is taken the flack off that muggy prick skyline and I don't think that is fair... :evil:

It's funny reading the posts between you guys , but that skyline din must of thought all his Xmas's have come at once the way you guys are going on at each other :lol: :lol:

shut it bitch

or ill post some more pics of my wife

 

[chazb73]

All you guys have done is taken the flack off that muggy prick skyline and I don't think that is fair... :evil:

It's funny reading the posts between you guys , but that skyline din must of thought all his Xmas's have come at once the way you guys are going on at each other :lol: :lol:

shut it bitch

or ill post some more pics of my wife

:lol: :lol:

 

[browny]

All you guys have done is taken the flack off that muggy prick skyline and I don't think that is fair... :evil:

It's funny reading the posts between you guys , but that skyline din must of thought all his Xmas's have come at once the way you guys are going on at each other :lol: :lol:

shut it bitch

or ill post some more pics of my wife

How much more do I need to moan before that happens?! :lol: :lol:

Make sure it is your "wife" as well plantman :wink:

 

[Joe]

A lot of the back and forth between people that aren't owed items/refunds is getting in the way of any progress IMO.

Jeff if you need someone else to help you sort this out with Skyline, even if it's just a middle man to calm things down let me know and I will try to contact him on your behalf. Skyline - please do get these guys sorted out, I appreciate you don't like being sworn at etc but the only one to blame for all of this is yourself. If you have a busy life that prevents you from posting items for a while then you need to communicate that to the buyers ahead of time so they know what to expect or just wait till you can get things out in a timely manner.

Nobody will die if a toy turns up a few weeks later than expected but it is an annoying situation for the buyer so please do keep in contact and I hope we can get some positive updates on here soon.

 

[plantman]

Ive already tried a civil message to skyline with no reply, maybe you will have more luck.

I would chase your bank to reverse payment mate, you have enough email evidence to prove
He has your money and you have no item.

 

[edd_jedi]

I would chase your bank to reverse payment mate, you have enough email evidence to prove
He has your money and you have no item.

If you do that, Paypal will close your account. Doing a chargeback on a gift payment (which is NOT meant for buying things with) will be frowned upon by Paypal. Due to it being a gift payment, unfortunately the only option is to work things out with Skyline, which as said about 10 pages ago was a good reason not to fall out with him. Legally you don't have a leg to stand on.

 

[plantman]

yeah but its quite easy to open another lol

he has said he will refund when RM do so sit on that for a while.

 

[jackabina]

Right. Just to update my situation with Skyline!
I've kept quiet on this, and not got involved until this is resolved. Now it's resolved! I paid for my goods on the 16th Jan, and have got nothing. I asked him for, and got told I could have, a refund on the 9th Feb but I wouldn't clear until 15th. I've been in contact with him a couple of times since, and just keep being fobbed off. I've ended the situation by telling him to keep my money, as he clearly needs it more than me if he's prepared to **** people about like this.
In conclusion, If any of you are expecting anything from this fella, give it up. There's more chance of Arsenal winning the Champions league.