Any advice available reference Consumer Rights Act 2015

[Sir Bagalot]

In my book you have two choices.

1/ If he's charging £40 for delivery then it's not coming far. Hire a van perhaps? Me thinks he'll find another excuse then

2/ Small Claims. Letter before action giving 14 days to deliver as agreed

[superlightr]

hire a van pick it up.

[Helicopter123]

Collect it?

[spookly]

Helicopter123 said:

Collect it?

After all of that run around I'd be surprised if it actually exists. Surely the seller should want it delivered and sorted asap if it has been paid for.

Letter before action might just focus his mind into deciding to deliver quickly or refund. Make sure your letter includes specific about what outcomes are now acceptable to you.

[sparkythecat]

Red Devil said:

It is essential to follow the LBA/claim process correctly in order not to fall foul of the Civil Procedure Rules.
OP, I hope you have his postal address otherwise your ship will be holed before it even sets sail.

 * If done by e-mail follow up by letter with proof of posting in case it is subsequently necessary to take the seller to court.

OP has no postal address for seller.

[Red Devil]

sparkythecat said:

OP has no postal address for seller.

Didn't see his post about that before hitting the send button. Deleted my earlier one: second attempt.

Having read that saga through twice I'm left scratching my head in disbelief. The seller has been stringing the OP along with a risible litany of excuses/delaying tactics for four months since the first agreed delivery date. I wouldn't be at all surprised to find he has been done over and the table he has paid for in full doesn't even exist.

AFAICS the CRA 2015 does not mention the word 'bespoke'. The relevant part is Section 5(2)(a). It is clearly a sales contract for goods.

Give the seller written (e-mail) notice to deliver within a specified time frame. See Section 28(7). Also state that if the delivery date is not met the contract will be treated as at an end per Section 28(8). The seller must then comply with Section 28(9) and refund in full. Give the seller 14 days in which to do so.

If the refund is not made within that period then the normal course would be a LBA followed if necessary by County Court Action (Small Claims track).
See - https://www.citizensadvice.org.uk/consumer/going-t... - however there is no chance of pursuing that route due to this.

Buggles said:

The other problem with that of course, is that I don't have his address because I've never received an invoice. The same problem I'd have with sending him a letter.

All is lost though if you paid the seller by credit card. Take all the steps I mentioned above up to the point where you would have gone down the LBA/court route. Then claim against the card issuer under Section 75 of the CCA 1974. Bear in mind though of a trap if the card was used to fund a transaction via Paypal. When that is the case the CCA protection doesn't apply. Many people are not aware of this limitation.

Buggles said:

I've just text him and asked for the invoice to be sent to my email address.

Best of luck. That might or might not have his address on it. Depends on how slippery he is. A bonus if it does.
However, if the credit card refund route is available to you it will be cheaper, less hassle, and far quicker than a county court claim.

Ordering anything which costs more than pocket change (by your own definition) via e-bay where the supplier does not provide their postal address up front is a potential banana skin.

[KevinCamaroSS]

Red Devil said:

Bear in mind though of a trap if the card was used to fund a transaction via Paypal. When that is the case the CCA protection doesn't apply. Many people are not aware of this limitation.

Agreed, however, then you can reclaim via PayPal citing non-delivery.

[Foliage]

You got scammed. Never pay upfront (10% deposit at most), never pay without the goods in hand, never give anyone your money without something in return....

[singlecoil]

If he is a business seller on eBAay his address should be on a link you need to click on the listing.

Under the heading near the bottom of the listing that says "Business seller information".

[singlecoil]

Buggles said:

singlecoil said:

If he is a business seller on eBAay his address should be on a link you need to click on the listing.

Under the heading near the bottom of the listing that says "Business seller information".

I've just checked and I don't see that link anywhere on his listing so I can only assume he's not trading as a business on eBay.

That is something which should be brought to eBay's attention as a start.

[BertBert]

I sincerely hope you are not 'starting' to think that. You will need to get serious here to get your money back. How much was it? Is it an amount to write off to experience to save the anger/ansgt/time/effort/hassle of trying to get a court action going?

Sorry you've been duped and hope your good faith gets its just reward (on earth, not in heaven)
Bert

Buggles said:

we are reasonable people and we were trying to give the bloke every opportunity to deliver the goods. Sadly, I'm starting to think that they don't exist.

[Nezquick]

Buggles said:

All over it chap

Anybody know if there is there a way to find an address from a landline number?

Try this:

http://people.yellowpages.com/reversephonelookup

[littleredrooster]

Nezquick said:

Try this:

http://people.yellowpages.com/reversephonelookup

Seems to work fine in the Yoo-Ess of Aye...what about us in the Yoo-Kay?

[JM]

Buggles said:

Anybody know if there is there a way to find an address from a landline number?

Google the number, if he advertises elsewhere it may show up.

[Nezquick]

littleredrooster said:

Seems to work fine in the Yoo-Ess of Aye...what about us in the Yoo-Kay?

Oops..... didn't notice that!

[surveyor]

Foliage said:

You got scammed. Never pay upfront (10% deposit at most), never pay without the goods in hand, never give anyone your money without something in return....

i'm not sure how you ever order anything on the internet?